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HomeMy WebLinkAbout FULL PACKET_2014-10-21MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 16, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:11 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:22 P.M.) SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO (5:15 P.M.) COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:11 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: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Peebler vs. State of California Superior Court Case No. 34- 2012 - 80001172; Court of Appeal Case No. C073698 CITY COUNCIL MINUTES 10A -1 SEPTEMBER 16, 2014 2) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State 3) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013 - 80001477 4) Carlos Ibarra v. City of Santa Ana, Orange County Superior Court Case No. 30 -2013- 00663031, Claim No. 2012 -099. 5) Michael Buelna v. City of Santa Ana, Workers' Compensation Appeals Board Case Nos. #Unassigned; #ADJ8310211 6) Galen Diaz v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8945258 7) Emily Tran v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8335303 8) Adriana Ortega v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8914342 9) The Old Orchard Conservancy v. City of Santa Ana; Orange County Superior Court Case No. 30- 2014 - 00714225 *Councilmember Sarmiento declared that out of an abundance of caution and a potential conflict of interest he would abstain from said matter and left the room during deliberation of matter. 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL INITIATION OF LITIGATION Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: - One Civil Case. 3. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: - Claim No. 2014 -012 Mercedes Ortiz. CLOSED SESSION REPORT - See Item 19A. for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:31 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 1 OA-2 SEPTEMBER 16, 2014 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:32 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tem ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council JUAN CARREON, PIO PICO ELEMENTARY SCHOOL ERIC WAKELING. POLICE CHAPLAIN 1) PROCLAMATION AND CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the Communication Linkage Forum Committee in honor of its 25th anniversary. 2) CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO to three Valley Little League teams for winning their respective City championships. Machine Pitch Team: Manager Jose Roldan; Players: Israel Camarena, Jacob Carlon, Aaron Cervantes, Emiliano Dominguez, Diego Guillen, Calvin Manalo, Angel Mora, Martin Munoz, Antonio Najera, Sebastian Orozco, Leonardo Ramirez, Damian Roldan, Dominic Roldan CITY COUNCIL MINUTES 1 o -3 SEPTEMBER 16, 2014 COUNCILMEMBER AMEZCUA, A Team: Manager David Saucedo, Coach Cesar Delgado; Players: Josh Delgado, Alex Gomez, Kevin Hernandez, Ricky Hernandez, Elias Lopez, Carlos Mora, Andre Naranjo, Angel Naranjo, Jacob Noriega, Andy Peredo, David Saucedo Maiors Team: Manager: Oscar Diaz, Coaches: Jimmy Contreras and Harvey Contreras; Players: Ivan Bailon, Harvey Contreras, Sabastian Diaz,Tyler Lopez, Martin Najera, Danny Navarro, Anthony Noriega Gabriel Ochoa Isaac Pinedo Arthur Prado, Aaron Rodriguez, Eduardo Rodriguez, Vincent Tinajero, Javier Vega, 3) CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to Iglesia de Dios Pentecostal in recognition of their summer school character building program. 4) PROCLAMATION presented by COUNCILMEMBER MARTINEZ in recognition of Hispanic Heritage Month. 5) PROCLAMATION presented by COUNCILMEMBER REYNA to Orange County Fire Authority in recognition of Fire Prevention Week. CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENT • Andrea Harris McGee, opined that there was a misunderstanding in the art community regarding the utility user box art project; student was recently arrested that misunderstood process; student should not be prosecuted and requested Council assistance in dropping charges. o Mayor Pulido requested that the City Attorney's Office provide the Council background information regarding the individual who was arrested for painting a City utility box. • George Estrada, spoke on City's Measure on Utility User's Tax; opposed to spending funds as recommended in Agenda Item 20A; also, opined that double standard if release investigative report by City Attorney regarding Mayor Pulido. • Kandice Hawes, principal officer of the Political Committee in support of Measure CC; spoke in opposition to allocating funds as proposed in Agenda Item 20A. • Olivia Arzate, spoke in support of bringing back deported resident, Samuel Sixtos. • Silvia Silva, urged leaders not to break families apart (by deporting). • Miriam Grajales, spoke in opposition to deportation law. CITY COUNCIL MINUTES 1 OA -w SEPTEMBER 16, 2014 • Martha Sixtos, mother of deported resident, Samuel Sixtos, requested support of his release. • Alexis Teodoro, RAIZ Deportation Coordinator, TRUST Act violated when arrestee was turned over to ICE by the Sherriff's Department; submitted a proposed resolution in support of Immigration Reform. • Ramos Campos, spoke in support of City approving resolution to assist Samuel Sixtos. • Silvia Hernandez, representing USWW of Santa Fe Building, urged City Council to contract with unionized companies. • Carlos Perea, RAIZ, supports resolution in support of Samuel Sixtos; request Council agendize on next Agenda. • Karen Palerin, spoke on West Nile virus, believe that the City should make decision on spraying instead of Orange County Vector Control; urged all to stop spraying; opined that homeless population would be most affected. o Mayor Pulido reported that no spraying will be conducted by Orange County Vector Control. • Clara Avila, member of RAZZ, spoke on deportation issue and requested Council support. • Evie Cortez, opposed to spraying by Orange County Vector Control; circulated petition signed by residents to stop spraying. • Abraham Medina, member of Santa Ana Men and Boys of Color, raised issues on restorative justice; submitted letter for the record from Congresswoman Sanchez to ICE in support of deportee Samuel Sixtos. • Bonnie Masey, spoke in opposition to homeless shelter; stop criminalization of minor offenses; check -in centers for homeless necessary; supports shelter center, but not at proposed site. • Pierre Espino, asked that residents be notified of any future spraying. • Connie Hamilton, invited all to attend the Candidate Forum sponsored by Comlink at Rancho Santiago Community College District Board Room on Thursday, September 18, 2014. • Rick Niedermayer, spoke in support of Agenda Item 65A; maintain fields; celebrating AYSO anniversary and indicated that VIP program for children with disabilities. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 39A as recommended by staff, with the following modifications: • Addition of 19A. Closed Session Actions; • Mayor Pro Tern Tinajero pulled items 31A and 31B for separate discussion; • Councilmember Amezcua pulled item 25C for separate discussion; and CITY COUNCIL MINUTES 10 5 SEPTEMBER 16, 2014 • Councilmember Martinez pulled Items 19C, 19D, 20A, 23A, 25A, 25B, 25C, 25D, 31 B and 31 C for separate discussion. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 16, 2014 {Strategic Plan No. 5, 1} - 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. SECOND READING ORDINANCE: AMENDMENT APPLICATION NO. 2014 -03 TO AMEND THE ZONING FROM LIGHT INDUSTRIAL (M1) TO TWO- FAMILY RESIDENTIAL (R2) AT 1728 AND 1732 WEST SECOND STREET — MIDOROS, LLC, APPLICANT {Strategic Plan No. 5, 1) - Planning and Building Agency Placed on first reading at the September 2, 2014 City Council meeting and approved by a vote of 6--0 ( Amezcua absent) Published in the Orange County Reporter on September 5, 2014. MOTION: Place ordinance on second reading and adopt. CITY COUNCIL MINUTES 1 0A -6 SEPTEMBER 16, 2014 ORDINANCE NO. NS -2870 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1728 AND 1732 WEST SECOND STREET FROM LIGHT INDUSTRIAL (M1) TO TWO- FAMILY RESIDENTIAL (R2) (COUNCILMEMBER AMEZCUA, NO. 2014- 03) BOARDS / COMMISSIONS / COMMITTEES 13A. MINUTES FROM THE JUNE 30, 2014 DEVELOPMENT AND TRANSPORTATION COUNCIL COMMITTEE {Strategic Plan No. 5, 11 - Planning and Building Agency MOTION: Receive and file Minutes. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreements as follows: • CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Michael Buelna v. City of Santa Ana, Workers' Compensation Appeals Board Case Nos. #Unassigned; #ADJ8310211 - Stipulated Award valued at $89,987.50, plus lifetime future medical. Galen Diaz v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8945258 - Stipulated Award valued at $28,692.50, plus lifetime future medical. Emily Tran v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8335303 - Stipulated Award valued at $53,570.28, plus lifetime future medical. Adriana Ortega v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8914342 - Compromise and Release in the amount of $20,000.00. • LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: - Claim No. 2014 -012 Mercedes Ortiz. - Settlement in the amount of $42,000.00. CITY COUNCIL MINUTES 1 od -% SEPTEMBER 16, 2014 am 19C.? i 9D.' EXCUSED ABSENCES — NONE Councilmember Martinez, thanked staff for bringing matter forward and part of the Strategic Plan. Councilmember Reyna, key to communicate with residents; suggest that entity selected be familiar with our community. MOTION: Authorize the Planning and Building Agency to send a Request for Qualifications to qualified consulting firms to provide technical services to support the City in the preparation of a Community Engagement Plan. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MOTION: Authorize the Planning and Building Agency to release a Request for Qualifications for the Third and Broadway Development Project. MOTION: Martinez VOTE: AYES: NOES ABSTAIN SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) CITY COUNCIL MINUTES 10A -8 SEPTEMBER 16, 2014 ABSENT: None (0) 19E. REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICTS 1, 4 AND 5 {Strategic Plan No. 6, 1 B) - Parks, Recreation & Community Services Agency MOTION: Authorize the Parks, Recreation and Community Services Agency to issue a Request for Proposals (RFP) to qualified companies to provide landscape maintenance services at City parks bike trails, and various City properties in districts 1, 4 and 5. 19F, CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT {Strategic Plan No. 4, 1) - Community Development Agency MOTION: Recommend that the City Council authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. 19G. STRATEGIC PLAN MONTHLY REPORT — JULY 2014 {Strategic Plan No. 5, 11 - City Manager's Office MOTION: Receive and file the July 2014 Monthly Report. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A, APPROPRIATION ADJUSTMENT MEDICAL MARIJUANA i ENFORCEMENT. APPROPRIATION ADJUSTMENT NO. 2015 -037 - To reallocate $500,000 in 2014 -15 General Fund reserve appropriations to various departmental expenditure accounts to fund medical marijuana enforcement plan efforts. Continued from the August 5, 2014 City Council Meeting by a vote of 4 -3 (Reyna, Sarmiento, and Tinajero absent) Continued from the September 2, 2014 City Council meeting by a vote of 7 -0. Councilmember Martinez, need to stop continuing and take action; supports matter. CITY COUNCIL MINUTES 1 O A_e SEPTEMBER 16, 2014 Councilmember Amezcua, task force that raided businesses close to schools; don't want to wait and want to continue working with resources. Councilmember Sarmiento, staff not provided with clear direction or notice to the court when voluminous charges filed; need time to review matter and do more responsibly; if measure approved will use revenue for enforcement purposes. Councilmember Benavides, dispensaries raided; what level of enforcement is needed and resources. City Manager Cavazos, noted used existing resources; court did not receive case load well and behoove to provide better information; 7 weeks from election and depending on outcome will make recommendations; staff to return with Plan. MOTION: Table item until after 2014 Election results determined. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Tinajero Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14 -051 — SECURITY CAMERAS AT THE SANTA ANA PUBLIC LIBRARY {Strategic Plan No. 1, 11 - Finance & Management Services MOTION: Award a contract to Siemens Industry, Inc. in an amount not to exceed $49,000, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 14 -057 - OFFICE FURNITURE (Strategic Plan No. 7, 1 and 5) - Finance & Management Services, Personnel Services, and Parks, Recreation and Community Services MOTION: Award a contract to Culver - Newlin, using the Hawthorne School District's contract with Culver - Newlin for the purchase of office furniture in an amount not to exceed $90,000, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 101010 SEPTEMBER 16, 2014 22C. SPEC. NO. 14 -046 - WEST RESERVOIR COATING SERVICES (Strategic Plan No. 6, 1, 1C) - Finance & Management Services and Public Works Agency MOTION: Award a contract to Olympos Painting Inc. for west reservoir coating services in an amount not to exceed $144,900, subject to non - substantive changes approved by the City Manager and City Attorney. PROJECTS /CHANGE ORDERS Councilmember Martinez, thanked staff for bringing matter forward. Councilmember Reyna, requested a report on how much of the contingency is used after the project is completed. MOTION: 1) Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the Base Bid, in an amount of $631,573, for construction of the Chestnut Avenue Class II Bikeway from Standard Avenue to Grand Avenue; Alley Improvements FY 2013 -14; and Chestnut Avenue Rehabilitation from Broadway to Main Street. 2) Approve the Cost Analysis for a total estimated project delivery cost of $757,888. 3) Authorize the City Manager to execute change orders in an amount not to exceed the total authorized contingency of $63,157. MOTION: Martinez SECOND: Pulido VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 10A11111 SEPTEMBER 16, 2014 25A. AGMT NO. 2014 -218 - CITYWIDE ENVIRONMENTAL, HEALTH, AND SAFETY PROGRAM MANAGEMENT SERVICES (Strategic Plan No. 7, 6) - Personnel Services Agency and Publics Works Agency Personnel Services Agency Executive Director, Ed Raya, reported that consultant to address safety related issues and address OSHA compliance. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Bureau Veritas North America, Incorporated (BVNA), subject to non - substantive changes approved by the City Manager and City Attorney, for a two -year period, in an amount not to exceed $360,000. The agreement includes a provision for a one -year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $180,000, a total of $540,000 for the three -year period. Councilmember Martinez, City going beyond the contractual obligations of now defunct CMD /PBID by approving contract; prioritize the fixing of sidewalks. MOTION: Authorize the City Manager and Clerk of the Council to execute a three -year agreement, ending June 30, 2017, with Orange County Contractor Services Councilmember Benavides, a Orange County on for an amount not to exceed $25,000 per year, subject to non - substantive changes approved by the City Manager and City Attorney. Execution of this agreement includes the option to extend for up to three additional twelve month periods. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES l o 12 2 SEPTEMBER 16, 2014 25C. Councilmember Amezcua, request report of asbestos at the YMCA. City Manager Cavazos indicated that no threat to the public unless they go inside. Councilmember Martinez, thanked Taller San Jose for Exclusive Agreement and look forward to working with them. Councilmember Sarmiento, thanked staff; improving condition of the building; what happens if contractor does not follow through with obligations. City Manager Cavazos, indicated that City may re -bid but it would come back to Council with options for consideration. MOTION: 1) AGMT NO. 2014 -220 - Authorize the City Manager and City Attorney to approve an Exclusive Negotiation Agreement on behalf of the City of Santa Ana with St. Joseph Health and Taller San Jose for the reuse of the YMCA building. 2) AGMT NO. 2014 -221 - Authorize the City Manager and City Attorney to execute a Reimbursement Agreement in the amount of $40,000 with the parties subject to non - substantive changes approved by the City Manager and City Attorney. 3) AGMT NO. 2014 -222 - Authorize the City Manager and Clerk of the Council to prepare and execute an agreement with Orange County Contractors Services Councilmember Benavides, a Orange County Mailboxes and Construction to complete security enhancements and physical improvements to the exterior of the former YMCA building for an amount not to exceed $44,000, subject to non - substantive changes by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: NOES ABSTAIN SECOND: Amezcua Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) 1► WJ None (0) CITY COUNCIL MINUTES 101313 SEPTEMBER 16, 2014 25D. ABSENT: None (0) Councilmember Martinez, asked for progress of proposed park. Parks, Recreation and Community Services Agency Executive Director, Gerardo Mouet, noted that City approving design plan; working with community on concept and architects; next steps include bidding and address gap in funding requirement. Councilmember Martinez, excited that new parking coming. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with RJM Design Group, subject to non - substantive changes approved by the City Manager and City Attorney, for a one -year period expiring September 15, 2015, in an amount not to exceed $215,500. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 25E. COMPLETION OF WALNUT PUMP STATION PROJECT PLANS AND ENVIRONMENTAL DOCUMENTS (PROJECT NO. 11 -6412) (Strategic Plan No. 6, 1 C) - Public Works Agency MOTION: 1) AGMT NO. 2014 -224 - Authorize the City Manager and Clerk of the Council to execute an agreement with Psomas, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide engineering design, bid support, and construction support services for the completion of the Walnut Pump Station CITY COUNCIL MINUTES 10A1414 SEPTEMBER 16, 2014 project, for a three -year period expiring September 1, 2017, in an amount not to exceed $175,000. 2) AGMT NO. 2014 -225 - Authorize the City Manager and Clerk of the Council to execute an agreement with T &B Planning, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide environmental review services for the completion of the Walnut Pump Station project, for a one -year period expiring September 1, 2015, in an amount not to exceed $17,000. 25F. AGMT NO. 2014 -226 — COST - SHARING AGREEMENT FOR THE WATER RESERVOIR PERIMETER WALL IMPROVEMENTS AT THE SOUTH STATION WATER RESERVOIR SITE (PROJECT NO. 14 -6444) {Strategic Plan No. 6, 1 B) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Orange County Water District, subject to non - substantive changes approved by the City Manager and City Attorney, designating the Orange County Water District as project lead; and assigning a 36- percent share of the project costs to the City of Santa Ana, initially estimated at $126,000. 25G. AGMT NO. 2014 -227 - COST REVIEW SERVICES ANALYZING INVOICES, SUPPLIER CONTRACTS, AND OTHER INFORMATION RELATED TO TELECOMMUNICATIONS, UTILITIES, TREASURY SERVICES, AND DOCUMENT MANAGEMENT (Strategic Plan No. 4, 3) - Finance & Management Services MOTION: Authorize the City Manager and Clerk of the Council to execute a three year agreement with Procure America in an amount not exceed $50,000 subject to non - substantive changes approved by the City Manager and City Attorney. 25H. AGMT NOS. 2014 -228, 2014 -229, AND 2014 -230 - EMERGENCY ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES {Strategic Plan No. 6,. 11 - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with W.A. Rasic Construction Company, Inc.; Paulus Engineering, Inc.; and T.E. Roberts, Inc.; subject to non - substantive changes approved by the City Manager and City Attorney, for a three -year period expiring September 15, 2017, with provisions for a two - year - period renewal option exercisable by the City Manager and City Attorney, in an aggregate amount not to exceed $400,000 annually. CITY COUNCIL MINUTES 101515 SEPTEMBER 16, 2014 251. AGMT NO. 2014 -231 - AMEND MASTER FUNDING AGREEMENT (C -1 -2783) FOR MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS {Strategic Plan No. 3, 2C and 6,1 G} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Amendment No. 2 to the Master Funding Agreement with the Orange County Transportation Authority for the M2 Comprehensive Transportation Funding Programs, subject to non - substantive changes approved by the City Manager and City Attorney. 25J. AGMT NO. 2014 -232 - BOND COMPLIANCE CONTINUING DISCLOSURE SERVICES {Strategic Plan No. 4, 2D) - Finance & Management Services MOTION. Authorize the City Manager and Clerk of the Council to execute an agreement with Urban Futures, Inc., for a three -year period in an annual amount of $5,500, subject to non - substantive changes approved by the City Manager and City Attorney 25K. AGMT NO. 2014 -233 - SOFTWARE MANAGEMENT FOR WORKERS' COMPENSATION AND LIABILITY CLAIMS {Strategic Plan No. 7, 5 and 6) - Personnel Services Agency MOTION: Continue consideration of matter, at the request of staff. 25L. AGMT NO. 2014 -234 - MAINTENANCE AND SUPPORT OF POLICE TRACKING SOFTWARE {Strategic Plan No. 1, 3, 3A} - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Cl Technologies, terminating August 31, 2017, in an amount not to exceed $18,500, subject to non - substantive changes approved by the City Manager and City Attorney. LAND USE MATTERS CONDITIONAL USE PERM ITIVARIANCES 31A. CITY COUNCIL MINUTES 101616 SEPTEMBER 16, 2014 b 11100 - GREGG BERWIN, APPLICANT tStrategic Plan No. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on August 25, 2014, by a vote of 7 -0. Mayor Pro Tern Tinajero, asked if open during construction. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -30 as conditioned and Conditional Use Permit No. 2014- 31. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Planning Commission approved recommended action on August 25, 2014, by a vote of 7 -0. Interim Executive Director of Planning and Building, Karen Haluza, noted that food tenants in open floor plan; one ABC license for all and open till 2 a.m. Councilmember Martinez, excited about concept and having culinary schools in Santa Ana. Councilmember Sarmiento, concept successful in other areas; like idea; one 47 license that will monopolize all the tenants; include provision that business open only until 2 a.m.; keep business type balance - day time business and service businesses. Interim Director Haluza, concept have demonstration stations; sell fresh food as well as cooked food. CITY COUNCIL MINUTES 101 -1 7 SEPTEMBER 16, 2014 Councilmember Benavides, downtown becoming a destination and food revolution in Downtown; a hub; market should drive the type of businesses coming to City. Mayor Pulido, owners have received a lot of interest calls; additional amenities that will be further benefitted by Streetcar project. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013 -32, Conditional Use Permit No. 2013 -33 as conditioned, and Conditional Use Permit No. 2013 -34 as conditioned. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Martinez Amezcua, Benavides, Sarmiento, Tinajero (7) None (0) None (0) None (0) Martinez, Pulido, Reyna, Planning Commission approved recommended action on August 25, 2014, by a vote of 7 -0. Councilmember Martinez, 24- Fitness opening at Main Place Mall; moving forward with parking reduction; business friendly City. MOTION: Receive and file the staff report approving Variance No. 2014 -05 as conditioned. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 10A1818 SEPTEMBER 16, 2014 MISCELLANEOUS — LAND USE 39A. ASSIGNMENT OF DEVELOPMENT RIGHTS FOR THE LYON COMMUNITIES RESIDENTIAL DEVELOPMENT PROJECT TO BE LOCATED AT 1901 EAST FIRST {Strategic Plan No. 5, 3) - Planning and Building Agency MOTION: Direct the City Manager to authorize the assignment of development rights for the Lyon Communities residential development project to 1901 First Street Owner, LLC, with such non - substantive changes as may be approved by the City Manager and City Attorney. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. APPROPRIATION ADJUSTMENT TO RECOGNIZE ADDITIONAL PLANNING AND BUILDING AGENCY REVENUE AND RESOLUTION TO ADD BUILDING SAFETY AND PLANNING POSITIONS TO THE FY14 -15 BUDGET {Strategic Plan No. 3, 3; 5, 3; and 4,2) - Planning and Building Agency Councilmember Martinez, thanked staff for adding positions. MOTION: 1) Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -059 - Recognizing $772,000 in additional Planning and Building Agency Revenue. 2) Adopt a resolution. RESOLUTION NO. 2014 -054 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO DELETE ONE FULL TIME POSITION AND ADD SEVEN FULL TIME POSITIONS IN THE PLANNING AND BUILDING AGENCY MOTION: Martinez VOTE: AYES: NOES: SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) CITY COUNCIL MINUTES 101919 SEPTEMBER 16, 2014 ABSTAIN: None (0) ABSENT: None (0) 55B. RESOLUTION TO PROPOSE AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET TO ADJUST THE SALARY FOR THREE FULL TIME MIDDLE MANAGEMENT CLASSIFICATION TITLES IN THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN {Strategic Plan No. 4, 1 and 7,4) - Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -055 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91 -066 TO ADJUST THE SALARY FOR THREE FULL TIME MIDDLE MANAGEMENT CLASSIFICATION TITLES IN THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 55C. RESOLUTION DECLARING A WATER CONSERVATION LEVEL 1 WATER SHORTAGE {Strategic Plan No. 5, 2, 6F} - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -056 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING A LEVEL 1 WATER SHORTAGE MOTION: Sarmiento VOTE: AYES: 10[01 ABSTAIN SECOND: Amezcua Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) CITY COUNCIL MINUTES 10A2020 SEPTEMBER 16, 2014 ABSENT: None (0) 55D. RESOLUTION APPROVING RELOCATION PLAN FOR BRISTOL STREET PHASE IIIB IMPROVEMENTS BETWEEN WASHINGTON AVENUE AND SEVENTEENTH STREET (PROJECT NO. 116740 NON GENERAL FUND) {Strategic Plan No. 3, 2C and 6,1 G) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -057 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR PHASE IIIB IMPROVEMENTS OF THE BRISTOL STREET WIDENING PROJECT BETWEEN WASHINGTON AND SEVENTEENTH STREET MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55E. RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR PROPOSITION 84 STORM WATER GRANT PROGRAM FUNDING (Strategic Plan No. 4, 3 and 6, 1) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -058 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR PROPOSITION 84 STORM WATER GRANT PROGRAM (SWGP) FUNDING MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 10A21n 1 SEPTEMBER 16, 2014 ABSENT: None (0) 55F. RESOLUTION - BIENNIAL REVIEW OF CITY CLASSIFICATIONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTERESTS FORM {Strategic Plan No. 5, 1) - Clerk of the Council Office MOTION: Adopt a resolution. RESOLUTION NO. 2014 -059 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65A. YOUTH SPORTS SCHOLARSHIP PROGRAM {Strategic Plan No. 2, 2} - Parks, Recreation & Community Services Agency City Manager Cavazos, noted that Plan is scheduled for City Council consideration at the October 7, 2014 meeting. MOTION: Receive and file the Parks, Recreation, Education and Youth Council Committee's recommended direction on the development and implementation of the Youth Sports Scholarship Program. MOTION Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (7) None (0) None (0) =( Martinez, Pulido, Reyna, CITY COUNCIL MINUTES 1 O N222 SEPTEMBER 16, 2014 PUBLIC HEARINGS *Councilmember Sarmiento, declared that out of an abundance of caution and a potential conflict of interest he would abstain from Agenda Item 75A and left the dais during deliberation of matter. 75A. PUBLIC HEARING — CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT NO. 2011 -01 (SCH# 2008041172), FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT MITIGATION MONITORING PROGRAM; VARIANCE NOS. 2012 -04(A) AND 2012 -04(B) AS CONDITIONED; AND, VESTING TENTATIVE TRACT MAP NO. 2012 -02 TO ALLOW A 23 -UNIT SINGLE FAMILY DEVELOPMENT AT 1584 EAST SANTA CLARA AVENUE (SEXLINGER FARMHOUSE AND ORCHARD) — CONCORDIA UNIVERSITY AND LUTHERAN HIGH SCHOOL OF ORANGE COUNTY, APPLICANTS (Strategic Plan No. 3, 2; 5, 3) - Planning and Building Agency Legal Notice published in the Orange County Reporter and notices mailed on August 22, 2014. Public hearing held and motion to reconsider vote approved by a vote of 5 -0 (Amezcua and Tinajero absent) at the September 2, 2014 City Council meeting. Notice of Continued Public Hearing posted on September 3, 2014 pursuant to § 54955.1. Mayor Pulido, opened the public hearing. The following speakers addressed the City Council on the matters. • Jeff Melching, representing applicant, noted that proceedings are administrative correction that draw Findings into alignment with the Environment Impact Report (EIR) with nothing new to add. • Michael Gibbons, representing Orange Lutheran High School and Concordia University, supports recommendation; project before the City for past 6 '/2 years with thorough process in place. • Nick Spain, opined that Public Hearing has no legal framework; legal defects in Council decision as it relates to CEQA Findings. • Mathew Holbrook, opined that Findings not previously circulated in Council approval of March, 2014; proper notice for findings or Continued Public Hearing not provided; no process to amend the Findings; remedy if insufficient findings Council may reconsider and properly approve; no new evidence since March, 2014 to support approval of Findings. • Jeannie Gillett, improper for Council to vote on current condition of the trees and whether or not the Conservancy has the funds to purchase land; CITY COUNCIL MINUTES 1 O 223 SEPTEMBER 16, 2014 maintains that requirements not met or change historic value or significance; noted that remaining trees have not been watered; concerned that perceived conflict existed in March, 2014 for Councilmember Sarmiento. • Steve Ray, believes that inadequate analysis in EIR considered in making decision; Old Orchard Conservancy in litigation on this matter; no remedy to alleviate administrative error only vacate approval and reconsider entire project. The Mayor closed the Public Hearing. Council discussion ensued. City Attorney Carvalho, noted for the record that City has prepared a response letter that addresses issues raised; lead agencies are free to take actions even after lawsuit is filed unless injunction is filed. Councilmember Amezcua, noted that she wished the Old Orchard Conservancy had lined up the money to purchase the land; fair to move forward; City has approved the EIR and Findings City; reaffirming original findings. Councilmember Martinez, reconsider vote from the previous City Council meeting to approve staff recommendation. MOTION: Adopt a resolution. RESOLUTION NO. 2014 -060 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2011 -01 (SCH# 2008041172); ADOPTING THE MITIGATION MONITORING PROGRAM; APPROVING VARIANCE NOS. 2012 -04(A) AND 2012 -04(B) AS CONDITIONED; AND, APPROVING VESTING TENTATIVE TRACT MAP NO. 2012 -02 (COUNTY MAP NO. 17231) AS CONDITIONED FOR THE PROPERTY LOCATED AT 1584 EAST SANTA CLARA AVENUE MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, , Tinajero (6) NOES: None (0) ABSTAIN: Sarmiento (1) ABSENT: None (0) CITY COUNCIL MINUTES 10A9A- w SEPTEMBER 16, 2014 75B. PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 2014 -01, GENERAL PLAN AMENDMENT NO. 2014 -02, ZONING ORDINANCE AMENDMENT NO. 2014 -01 AND AMENDMENT APPLICATION NO. 2014 -02 FOR THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN {Strategic Plan No. 3, 2; 5, 3 and 4) - Planning and Building Agency Planning Commission approved MOTION on August 25, 2014 by a vote of 7 -0. Legal Notice published in the Orange County Reporter on September 5, 2014; the Nguoi Viet on September 10, 2014; and the La Opinion on September 11, 2014. Notices were mailed out September 5, 2014. Interim Director of Planning and Building Agency, Karen Haluza presented the staff report. Project Introduction • 2 -miles of Harbor Boulevard • Westminster /17th Street to just north of Edinger Avenue • Many people use the corridor by car, bus, bike, and on foot Context • Neighborhoods • Riverview West Santa Anita • School District • Garden Grove Unified • Access • 22 Freeway • Santa Ana River • Public Facilities • Local parks and schools • 2 regional parks Harbor Corridor ■ 50- 60,000 vehicles per day, but more than just a road for cars and trucks • Homes, shops, businesses, schools, churches, and parks • Bikes and pedestrians, individuals and families ■ Regional and local transit improvements Corridor History • 1994 creation of North Harbor Specific Plan • 87% of land developed • Less than I% agricultural • About equal parts residential, open space, and non - residential • Five focus areas CITY COUNCIL MINUTES 10A25n� SEPTEMBER 16, 2014 Why Examine Harbor Blvd Now? • Planning for Southern California region • City and State Housing Goals • Enhanced Bus Service • Complement Santa Ana Transit Vision TODAY: A place for cars. VISION: A place for People. Community Engagement • 4 years • 20+ meetings /workshops /community events • 3,000+ mailing list • Multi- lingual approach What we heard from the community • 4 years: open house /fair, workshops, neigh. mtgs. • Residents, community orgs., property /business owners, developers ■ Safety • Crime issues ■ Pedestrians: lighting, crossing, sidewalk • Bikes: sidewalk or path • Uses • Nice restaurants, cafes • More open space; community gardens /rooftop • Day care • Mix of housing (intensity /affordability) • Museums /hotels • Aesthetics • Trees along sidewalks; more landscaping • Improve business frontages • More walkable • Transportation • Improve bus service • Major roadway for cars • Intensity • Okay with urban style development • Transitions to surrounding homes • Transit - oriented preferred What we heard I El comment letters ■ 3 Cities • Fountain Valley CITY COUNCIL MINUTES 10A26,,6 SEPTEMBER 16, 2014 • Garden Grove • Costa Mesa • 6 Agencies • Caltrans ■ OC Sanitation District • Santa Ana Unified School District ■ OC Public Works ■ Southern California Edison • State OPR • 2 Organizations ■ The Kennedy Commission • Native American Heritage ■ Questions on traffic modeling • Requests for wastewater modeling • Support for transit - oriented housing options Specific Plan • Vision and Summary • Context • Land Use Plan & Development Standards • Mobility Plan • Infrastructure • Design Guidelines • Admin & Implementation Vision: A Place for People GUIDING PRINCIPLES 1. Expanded development opportunities that respond to transit investments 2. A variety of safe and efficient travel choices 3. Economic vitality and new opportunities for businesses and residents 4. A sense of place 5. Community health and wellness Land Use Plan • Transit Node • 125 acres • Corridor • 108 acres • Neighborhood Transitional • 15 acres • Open Space • 4 acres CITY COUNCIL MINUTES 10A2727 SEPTEMBER 16, 2014 • Expand with new development Development Standards • Building Type & Form • House • 2/3/4 -plex • Building Type & Form • Bungalow Court • Live -Work • Building Type & Form • Rowhouse • Tuck -Under • Building Type & Form o Courtyard Housing • Building Type & Form o Flex Block • Building Type & Form o Stacked Dwellings • Building Type & Form o Lined Block • Frontage Types & Floor Heights o Frontyard /Porch • Stoop • Forecourt • Shop Front • Gallery • Arcade o 15t Floor Height • 10' NT • 12'C • 15' TN • Parking Table 3 -7. Off - Street Parking Standards NT Residential - occupant 1.0 / unit 1.5 / unit 2.0 / unit Residential - guest j 0.50 /unit 0.25 /unit 0.25 /unit Live- Work/Shopkeeper - 1.0 / unit 1 1.0 / unit 2.0 /unit occupant Live- Work/Shopkeeper 0.50 / unit 0.50 / unit 0.251 unit - guest Nonresidential 1 / 400 sq ft CITY COUNCIL MINUTES 10 2828 SEPTEMBER 16, 2014 Open Space On -site open space I Common 15% of lot Private: 50 — 90 SF 1,200 SF for a House Open Space • Right -of -way • Critical piece of the public realm • Most visible part of corridor • Safe, attractive, functional Mobility I Transportation Context Figure 46. Fixed Guideway Project Route Options Local Transportation Investments • New roadway designs and bicycle facilities - Intersection safety - Reduced speed - Connections north /south and east /west VISION: A place for People. • Buffered Bike Lanes • Protected Bike Lanes • Cycle Track • One -way Bike Path w /inline stop • One -way Bike Path with pullout EIR Results • EIR Released on April 18, 2014 for 45 -day review period CITY COUNCIL MINUTES 102929 SEPTEMBER 16, 2014 Metrotink/ n.penN rnna Amtrak to co.mmmn Los Angeles A a.con ...... +v.v... a.o d� __ _ _______ .� ----- -- - ----------------------- G..� ..... ____....................... rIT A to cwa.m,m ' ocxsA € e - wne.kx SAPTC i "o ♦ oe xet _ _ 1 $ M nnilink/ All Amtraeto y San Diego ® LGCxNo — Fri Gulcexayrsu� a gwne oglon t IUMe GOrsihmbnl eraw! Narxr Blw airs PagO izn9t ga,re FnNU GewsrySlr Oar NCUk Ogimi{UMae [onsNaraianl ; a,'.- px qM a. P m T.rt'Lap O %.gGU'tl2wayfiLaACar RgasN Siry NMer CwrslOnatiml . -.. -- &aw!Westnlnsln AVe I.R& Ni I.. ftu 1 Cqa 1 .. • Fv� Gu�KwaaSYeeKar FY INB Fulure Ere�rsron w<a Gueewa,y5lr"ercar5rv�y 45ea Local Transportation Investments • New roadway designs and bicycle facilities - Intersection safety - Reduced speed - Connections north /south and east /west VISION: A place for People. • Buffered Bike Lanes • Protected Bike Lanes • Cycle Track • One -way Bike Path w /inline stop • One -way Bike Path with pullout EIR Results • EIR Released on April 18, 2014 for 45 -day review period CITY COUNCIL MINUTES 102929 SEPTEMBER 16, 2014 • Planning Commission public hearing held on May 12, 2014 to take comments • City received 11 comment letters • Impacts mitigated to less than significant levels • Cultural Resources • Hazards and Hazardous Materials • Hydrology and Water Quality • Noise • Traffic • Significant and unavoidable impacts o Air Quality • Short-term construction • Location within SCAQMD non - attainment area Retention of Existing Zoning z� CITY COUNCIL MINUTES 10 30 SEPTEMBER 16, 2014 Recommended for approval by the Planning Commission August 25, 2014. • Certify the Final EIR 2014 -01 and approve: • Mitigation Monitoring and Reporting Program • Findings of Fact • Statement of Overriding Considerations • Approve General Plan Amendment No. 2014 -01 • Adopt Zoning Ordinance Amendment No. 2014 -01 • Adopt Amendment Application No. 2014 -01 Council discussion ensued. • Councilmember Benavides, asked series of questions regarding improvements. • Councilmember Martinez, asked about mixed use and acreage of housing available; clarified TOD (Transit Oriented Development); offer retail component; add hotel or other entertainment and what kind of uses could be added; also, asked if Council could approve higher height building. • Interim Director Haluza, noted that individual request coming to council. Mayor Pulido opened and closed the Public Hearing. The following speakers address the City Council on the matter: CITY COUNCIL MINUTES 103111 SEPTEMBER 16, 2014 • Susan Emery, representing the City of Garden Grove, request City Council retain their ability to have discussion on theme park at site in the future. • Doug Brown, interested in having the Rocco Salvage property included to improve the area. • Gil Sanchez, resident of Santa Anita neighborhood, concerned that map does not have street names included to know what neighborhood impacted; if property raised what kind of compensation; notice if any take - aways. • Richard Kelter, representing Riverview West Shopping Center, support plan to revise Harbor Blvd. Mayor Pulido closed the Public Hearing. Interim Director Haluza, would not acquire any property or street widening project, just a rezoning project. Council discussion ensued. Mayor Pulido, concerned that flexibility allowed; too much flexibility may have unintended consequences. Interim Director Haluza, noticed that walkable life is goal; mixed use; estimated housing could be several thousand housing units. Mayor Pulido, supports taller units and retail; how to approve Plan with cap to protect opportunity for other development including hotel and street car along Harbor; also requested that staff follow up with the individual whose mother lives in the area to provide further details and answer questions. Councilmember Amezcua, need safeguards to limit housing. Interim Director Haluza, cannot strip; strategic is to have Economic Development component and create a framework. Mayor Pro Tern Tinajero, do we have authority to deny (discretionary or vested right); concern that developers not looking at best interest of the City. Interim Director Haluza, require a CUP for multi - residential units to require then to go to PC and Council. Councilmember Sarmiento, Willowick carved out and for record reflect that no down zoning and remain status quo; opined that staff has inverted zones permitting housing from earlier discussion with City Council; need to increase sales tax and need to develop area. CITY COUNCIL MINUTES 10A 323n SEPTEMBER 16, 2014 Mayor Pro Tern Tinajero, agree with Councilmember Sarmiento; SCAG need decision by end of October; motion to continue to next meeting and seconded by Councilmember Amezcua. Councilmember Reyna, thank staff for community outreach; believe that CUP will allow for flexibility. Interim Director Haluza, affordable housing at 15% of units required and extensive community outreach conducted. Councilmember Benavides, thanked staff for community involvement; potential is great with walkability; area underutilized; promising plan with opportunity for variety of uses; what can council do to address some of the concerns raised that will allow intensity and take action and not delay and pending projects; what is the process for amending Plan; supports bike buffers; requested a written response be provided to the City of Garden Grove confirming the statements made by staff regarding the Willowick Golf Course property. Interim Director Haluza, addition of CUP and include goal and emphasize on what type of use could be /permitted; could happen for next meeting; plan could be open at any time; noted that Doug Brown request would actually restrict area rather than maintain commercial designation. Councilmember Martinez, create policy statement that will not accept E-IR Report on nodes; impetus to consider Economic Development Plan and tie to the Plan; sustainable communities incorporated; friendly amendment proposed to remove on- street parking (request tabled). Councilmember Benavides, include provision of CUP requirement; concerned that eliminating on- street parking would increase traffic. Interim Director Haluza, clarified where the 6 -8 level building allowed. MOTION: Continue consideration of matter for two weeks, to the October 7, 2014 City Council Meeting, MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 10A3333 SEPTEMBER 16, 2014 COMMENTS 90A. CITY MANAGER'S COMMENTS • Reported that City has hired an Active Transportation Coordinator; and • CitX will host Downtown Complete Streets Meeting on September 25 and 26� . 90B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Concerned with spraying; important to communication with City Council prior to resident notices going out; • Concerned with reduction of crossing guards; City Council needs to be apprised before changes made; • Asked staff to provide options and evaluate possible moratorium on City's SB2 Ordinance; • Requested a copy of the existing Code of Conduct and asked that the Ethics Council Committee develop recommendations for revisions to be approved by the full Council; • Attended the League of California Cities Conference, September 3 -5, 2014 where they considered water conservation in Northern California and medical marijuana issues; and • Attended Pro Walk, Pro Bike Conference in Pittsburg, September 8 -11, 2014, where they consider all modes of transportation. Councilmember Sarmiento: • Spoke on homeless shelter; County Board of Supervisor considered earlier today; requested staff to assist the County and the Board of Supervisors locate an alternative site for the homeless shelter currently being proposed on Normandy; • Requested a review of the Code of Conduct and additional ways to approach meeting decorum; • Attended Legislative Advocacy meeting in Washington DC in August; and • Congratulated all on Mexican Independence Day. Mayor Pro Tern Tinajero: Asked all to respect police officers; extend apology for not following decorum; and CITY COUNCIL MINUTES 10A 343w SEPTEMBER 16, 2014 • Reported that Planning Commission recently had vote to re -affirm that all follow the disclosure rules; matter scheduled for consideration by the Code of Conduct and Ethics Committee. Councilmember Amezcua: • Wished all happy Mexican Independence Day; • Thanked staff for another successful Fiestas Patrias; and • Children back to school and wished all a happy school year. Councilmember Reyna: • Asked all to conserve water; • Participated in parade and walk; thanked all participants; • Attended football game with Godinez losing, but it was a fun event; • Important for staff to improve communication with elected officials; • Requested a comparison of the City's business license fees with other cities; and • Urged all to shop in Santa Ana. Councilmember Benavides: • Fiestas Patrias held over the weekend; success event and thanked staff and attendees; • Echoed comments by colleagues on decorum issues at prior council meeting; how to handle in the future and need clear instructions on how to handle; • Attended Legislative Advocacy meeting in Washington DC last month; • Asked for clarification on disclosure requirement of Planning Commissioners, verbal disclosures provided by appointee; o City Attorney Carvalho, indicated that disclosure is separate from sunshine ordinance and requires them to disclose communication; Code of Ethics Council Committee to consider the matter and bring back to City Council for approval. • Request City Council consider resolution in support of on Samuel Sixtos at the next City Council meeting — agendize as an 85A at next City Council meeting; • Spoke on proposed homeless shelter site; comprehensive solution needed; and • Challenge accepted to visit Compton initiative; 9/21 several churches serving eastside neighborhood — La Santa Ana Initiative; murals and drought resistant items and house painting taking place. Mayor Pulido: CITY COUNCIL MINUTES 103535 SEPTEMBER 16, 2014 • Met with Executive Director of Vector Control and reported that spraying postponed indefinitely; have come up with alternative solutions and methods including neutering and adding fish pools to combat Councilmember Martinez: • Request presentation by Orange County Vector Control on West Nile is provided at next City Council meeting. *Mayor Pro Tern left the meeting at 10:37 p.m. and did not return. * Councilmember Amezcua left the meeting at 10:42 p.m. and did not return. ADJOURNED- 10:59 p.m. - The next meeting of the City Council is scheduled for Tuesday, October 7, 2014 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. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Solar Permit Fee Waiver • Proactive Rental Enforcement Program Renewal CITY COUNCIL MINUTES 10A3636 SEPTEMBER 16, 2014 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 7, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES (5:18 p.m MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:12 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: 1) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Peebler vs. State of California Superior Court Case No. 34- 2012 - 80001172; Court of Appeal Case No. C073698 CITY COUNCIL MINUTES 10AA -1 OCTOBER 7, 2014 2) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State 3) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34 -2013- 80001477 4) Raul Rivera v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ8666038; ADJ8666384 5) Augustine Ruiz and Raymundo Arzola vs. City of Santa Ana, Case No. 30- 2014- 007736828- CU- MC -CXC and Claim No. 2014 -056 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL INITIATION OF LITIGATION Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: - Two Cases (Civil /Criminal Case). * City Manager Cavazos and Clerk of the Council Huizar were recused from discussion of one of the cases. ** Mayor Pulido did not participate in Closed session meeting, and arrived in the Council Chamber at 5:40 p.m. CLOSED SESSION REPORT - Reportable actions to be announced at the October 21, 2014 City Council Meeting. CLOSED SESSION MEETING ADJOURNED AT 6:23 P.M. MAYOR PULIDO CANCELLED THE REGULAR OPEN SESSION AT 7:11 P.M. DUE TO UNFORESEEN DISRUPTION, PREVENTING THE MEETING FROM CONVENING. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 10 2 OCTOBER 7, 2014 CITY OF SANTA ANA LEGISLATIVE CITY COUNCIL COMMITTEE MINUTES JANUARY 16, 2014 CALL TO ORDER The meeting was called to order at 11:06 by Vincent Sarmiento at City Hall, Room 831. ATTENDANCE Members Present: Councilmember Michele Martinez Councilmember Vincent Sarmiento, Chair Members Absent: none Staff Present: David Cavazos, Sonia Carvalho, Carlos Rojas, William Galvez, Mark Lawrence and Becky Magallon. Also present were Dan Maldonado and Leslie Pollner from Holland & Knight; Chris Townsend, Casey Elliott and Heather Stratman from Townsend Public Affairs; and Tony Cardenas from the League of California Cities, OC Division, Public Comments: There were no public comments. AGENDA ITEMS 1. Minutes The September 9, 2013 and December 17, 2013 minutes were approved by a vote of 2:0. 2. December 17, 2013 Legislative Council Committee Briefing Councilmembers Sarmiento and Martinez provided a briefing on the December 17, 2013 Legislative Council Committee meeting. The Committee met with Molly Ward, Special Assistant to the President and Deputy Director of the Office of Intergovernmental Affairs at the White House staff as well as representatives from Senator Barbara Boxer and Congresswoman Loretta Sanchez's offices. Mr Sarmiento thanked staff and Holland & Knight for helping coordinate the meetings. The Committee members introduced Santa Ana's legislative priorities including the Santa Ana Jail. Holland & Knight will continue conversations with these federal elected officials in more detail. 3. Federal Legislative Platform /Funding Priorities /Jail Operations Legislative City Council Committee Minutes January 16, 2014, Page 1 13BB -1 Councilmember Sarmiento mentioned that this is the first time that the City Council has set a Legislative Committee and it's a good opportunity to discuss legislative issues and develop a process to work with the federal and state advocacy. The Legislative Committee needs to make lobbyists aware of what the Council priorities are since there has been an ineffective and disconnected way in the past. Dan Maldonado mentioned that he is pleased to do the advocacy work that the City of Santa Ana wants to accomplish. Dan Maldonado and Leslie Pollner briefly discussed the 2014 political landscape, the FY 2014 budget forecast, the upcoming hot legislative topics and the 2014 Congressional calendar. Dan Maldonado mentioned that he was impressed with the Santa Ana jail philosophy and will work to engage Senator Dianne Feinstein. He added that he toured Santa Ana's Grade Separation Project with Public Works Interim Director William Galvez and is now more familiar with the project. David Cavazos mentioned that Santa Ana is losing $380,000 annually because we are subsidizing and there's a need to increase the rates to U.S. Marshal Service and ICE. He added that he, along with Acting Police Chief Rojas, will be in Washington, DC the first week in February to meet with Department of Justice and Homeland Security to discuss their contract with Santa Ana. Councilmembers Sarmiento and Martinez expressed concern with this subsidizing practice having gone so long and are glad to see that the issue is being addressed. Dan Maldonado mentioned that the federal priorities lay out what the City is concerned with. Then lobbyists can be aware of these federal priorities and can then look at reauthorization or funding available. Councilwoman Martinez mentioned that transportation will be a top priority. She, along with other Councilmembers, also sit on board of directors for regional transportation agencies and believes it's imperative to collaborate with each other on issues of mutual interest. Dan Maldonado mentioned that once they have the City's legislative platform they can do an analysis and see how other City projects can fit in so that it's looked at in a broader framework and they can strategize what funding is available. David Cavazos mentioned that we need guiding principles for Santa Ana, which need to include local control and protection of local revenue. He added that the legislative platform will go to the Legislative Committee first, and then to the entire City Council for approval. This will provide lobbyists and staff a list of City priorities to be used as a guide to support /oppose legislation. Mr. Cavazos also mentioned that there will need to be a process to monitor progress. Legislative City Council Committee Minutes January 16, 2014, Page 2 13BB -2 Mark Lawrence informed the Committee that the City is hiring two new senior administrative assistants and one of them will be assigned to working on grants. Once hired, Mark Lawrence will schedule a conference call between staff dealing with legislation and the lobbyists. He added that it's important that lobbyists are proactive and inform the City of what grants would be appropriate for Santa Ana. Sonia Carvalho commented that the legislative process needs to identify what level of authority the City Manager and staff will have so that staff and lobbyists can act quickly when necessary. Councilwoman Martinez added that Councilmembers serve on different regional boards and often travel to Washington, DC and Sacramento to represent those boards. Mark Lawrence will inform lobbyists of these trips so that the Councilmembers can be utilized in advocacy efforts for Santa Ana projects. 4. State Legislative Platform /Funding Priorities The Legislative Committee members thanked Townsend Public Affairs (TPA) for their past assistance. Vince Sarmiento mentioned that the City is currently creating a 5 -year strategic plan, which will identify main areas that the City will focus on in the next five years. Mr. Sarmiento added that once a legislative platform is adopted, it will be very helpful to get regular updates from lobbyists that identify how they relate to Santa Ana's specific needs. Chris Townsend mentioned that Townsend Public Affairs has represented the City of Santa Ana for 14 years, and the last time he had meeting with the City Manager about a legislative platform was 14 years ago. He added that he's excited about continuing to work with Santa Ana. It will help to define protocol on how to have access to Councilmembers. TPA can also work with staff on grant applications. Tony Cardenas from the League of California Cities, Orange County Division, said that Santa Ana's timing in adopting a platform is very good. The League of Cities works with cities to adopt their platforms and there are sample platforms on their website. He suggested that the City focus on local control in the land use area and protection of revenues. Casey Elliott with Townsend Public Affairs mentioned that once they are aware of the City's priorities, they will have the ability to compare and react quickly to any possible funding; having direction from the Legislative Committee will give them the ability to move quickly. Chris Townsend said he was glad to see this opportunity to leverage state - federal nexus and he's excited to see the coordination with both state and federal lobbyists. He mentioned that they can work in conjunction with other community organizations that are active in Sacramento such as Bowers, Discovery Science Center, and others. Legislative City Council Committee Minutes January 16, 2014, Page 3 13BB -3 Vince Sarmiento thinks the City is looking at a much better outlook in local and federal advocacy and he thanked Townsend Public Affairs and staff for seeing the City through some difficult moments and would also like them to share in some of the City's success. Mr. Sarmiento welcomed Holland & Knight as the new federal lobbyist as well as their input on best practices and how to make the City's legislative process more efficient. He added that the Legislative Committee and staff will work on preparing the City's guiding principles and will work with the City Attorney so the Committee has the authority to act quickly. Cornrnittee Member Comments Michele Martinez thanked Holland & Knight as well as Townsend Public Affairs for taking time to attend the meeting. She informed them that she will be in Sacramento in January and in Washington, DC in February. Meeting was adjourned at 12:07pm Becky Magallon Executive Assistant City Manager's Office Legislative City Council Committee Minutes January 16, 2014, Page 4 13BB -4 CITY OF SANTA ANA LEGISLATIVE CITY COUNCIL COMMITTEE MINUTES APRIL 16, 2014 CALL TO ORDER The meeting was called to order at 1:05pm by Vincent Sarmiento at City Hall, Room 831. ATTENDANCE Members Present: Councilmember Michele Martinez Councilmember Vincent Sarmiento, Chair Members Absent: none Staff Present: David Cavazos, Sonia Carvalho, Carlos Rojas, Brad Hadley, Mark Lawrence, Alma Flores, Jose Gonzalez, Tanya Lyon, Jorge Garcia and Becky Magallon. Also present were Dan Maldonado (by phone) from Holland & Knight; Christopher Townsend and Casey Elliott (by phone) from Townsend Public Affairs; and Tony Cardenas from the League of California Cities, OC Division. Members of the public present: Jaime Lopez, SEIU representative Public Comments: No public comments. AGENDA ITEMS Minutes Approval of the January 15, 2014 minutes was motioned by Councilwoman Michele Martinez and approved by a vote of 2 to 0. 2. Scope of Work/Schedule for 2014 UASI Allocations Police Chief Carlos Rojas reported that Santa Ana has been designated as an Urban Area Core City and has received funding under the UASI Grant Program. The program is designed to address the regional homeland security needs of the entire urban area. Chief Rojas reviewed the key points on the FY 2014 UASI allocations. David Cavazos reported that Santa Ana and Anaheim received a 35% increase in UASI funding, which is the highest increase in the nation. The next highest in the nation was a 5% increase. He added that the lobbying work by the Legislative Legislative City Council Committee Minutes April 16, 2014, Page 1 13BB -5 Committee as well as Holland & Knight contributed to Santa Ana's increase in funding. Committee members thanked Holland & Knight for their advocacy. Michele Martinez asked if cameras in the downtown could be purchased with UASI funding, Chief Rojas mentioned that the funding has to be used on projects that benefit the entire Orange County region and does not think cameras in the downtown would quality. However, all the cameras in the Civic Center were purchased with UASI monies since Santa Ana is the County seat. Daniel Maldonado suggested that the City and lobbyists continue to keep Congresswoman Sanchez and Senator Feinstein informed of the importance of maintaining the same or higher level of funding so that Santa Ana does not go to the bottom of the list in future allocation years. Chief Rojas mentioned that earlier in the day the City Manager and staff met with the Deputy Chief of Staff for Congresswoman Sanchez and the discussion included the need to maintain UASI funding. Santa Ana Legislative Platform David Cavazos went over the recommended platform, which includes three guiding principles: preserve local control, promote fiscal stability and support funding opportunities. The Legislative Platform was modeled so that it would be consistent with the approved Strategic Plan. David Cavazos asked for input from the Legislative Committee and will seek endorsement by the full City Council to adopt the Legislative Platform, which would provide guidance to staff as well as state and federal advocacy consultants. Vincent Sarmiento mentioned that the Legislative Platform provides clear direction of where the City wants to be and where it wants to go. He is pleased with the platform and would like to review it in more detail and will provide staff some comments in a few days. He is in agreement with the goal areas and their consistency with the Strategic Plan. Christopher Townsend mentioned that the Legislative Platform will be a very helpful tool when quick action needs to be taken at the State level. Dan Maldonado is glad to see that the platform is well balanced and includes broad enough parameters. The principles and various projects and concerns are specific enough but not so rigid or restrictive that would prevent them to act quickly. Councilmember Sarmiento discussed goal 2, bullet 1 about bridging the digital divide and said he would like the City to create an internet or virtual library because it's important to provide better library services for our youth which could include Wi -Fi accessibility, iPads for check out, etc. Legislative City Council Committee Minutes April 16, 2014, Page 2 13BB -6 Councilmember Sarmiento also mentioned that advocacy efforts related to the fixed guideway project need to continue. He added that the City Council is very supportive of the project and has designated the City Manager as the project manager. He asked that lobbyists work with Mr. Cavazos and not the consultant since decisions and the lead needs to come from the City Manager's Office. Councilwoman Martinez reminded lobbyists that the Tiger grant deadline is coming at the end of April and asked staff to keep grants a top priority. Michele Martinez also talked about the importance of regional collaboration. Santa Ana should be leveraging these resources as much as possible and sharing the principles with other regional agencies that have similar goals and needs. An example of regional collaboration would be water conservation efforts which would fall under goal # 6. With the new bond act, Santa Ana should be able to capitalize on and be innovative and creative in seeking funding in a collaborative effort. Michele Martinez thinks having this platform is helpful, especially because it is in line with the Strategic Plan. It provides direction when the Council is asked to take a position on a particular legislation or a resolution. Sonia Carvalho mentioned that we should continue to monitor SB 7 - prevailing wage issue and state funding restriction for charter cities — since it's a high priority for Santa Ana. Tony Cardenas mentioned that the League of California Cities is working on a law suit and several cities are joining the effort, After the Legislative Committee provides comments and input, it will be ready to go to the full City Council 4. Report Out — Legislative Resolutions and Letter Requests City Manager David Cavazos reviewed the legislative resolutions and letter requests process. He added that staff is sensitive about communication and will make every effort possible to communicate to the Legislative Committee, Councilwoman Martinez mentioned that it is very simplified and staff needs to make sure that the City Council and staff are on the same page. She added that it's important that these resolution /letter requests get vetted fully and then communicated to the full Council so that the entire Council is aware. Sonia Carvalho mentioned that it's beneficial to have a process. Her expectation is that all requests will go to the City Manager. When the City Council adopts the Legislative Platform, the City Manager will have a guide and will use his judgment to make decisions. If it's something controversial, then the City Manager may need to call a special meeting of the Council. If the issue is not addressed in the process and the City Manager determines that it's not within the process scope, then he will place the item on the agenda for the full Council. Legislative City Council Committee Minutes April 16, 2014, Page 3 13BB -7 Sonia Carvalho added that some cities have an ad hoc committee and Santa Ana's challenge is that the Legislative Committee is subject to Brown Act regulations. She asked that the Legislative Committee consider making this body an ad hoc group, Michele Martinez asked that the process explain that any councilmember can draft a letter of support from them as individuals, and it doesn't need City Manager review. Vince Sarmiento asked if the City wants a committee dictating legislation for the entire council. He asked that this topic be continued for future discussion. Committee Member Comments Councilwoman Martinez asked that staff review agendas for regional boards that the City Council serves on. This is important because a lot of action is taken at these meetings and the Council members serve as the City's representatives on these regional bodies. Future Agenda Items No items ADJOURNMENT Meeting was adjourned at 2:25pm Becky Ma allon Executive Assistant City Manager's Office Legislative City Council Committee Minutes April 16, 2014, Page 4 REQUEST FOR COUNCIL ACTION [elk 1900101111 Z[qtq & t4#" I Z 7.7Ar OCTOBER 7, 2014 TITLE: CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL TRACT MAP NO. 17627 (1030 SOUTH EUCLID STREET) (STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10121/2014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances Pursuant to Section 34 -183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 17627 (City Tract Map No. 2013 -06), for 1030 South Euclid Street (Attachment), from the owner, City Ventures Homebuilding, LLC, a Delaware Limited Liability Company, and is in the process of reviewing the map for final approval. The lots of this map are zoned for residential use. The Tentative Tract Map No. 17627 was approved by the City Council on December 16, 2013. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of October 7, 2014. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Fred Mousa`vipour, P.E Executive Director Public Works Agency FM:AC Exhibit: Map 17A-1 EUCLID STREET ...��1►�® N.T,S I I ILOT 1 LOT T I I LOT 2 I LOT 6 I I I LOT 3 LOT 9 I , w 1 LOT 4 LOT 10 L I W Z � W Z a1 LOT 5 J LOT 11 Q I > Q a Z t- I a o f a: yn LOT 6 1— LOT 12 0: LJ 0 Q V1 Q z Q I a 0: z I o f w i t m l I LOT 13 J I W I LOT 14 I I MAXINE STREET I I I r I I I o 0 o I I I I I I- - DEMING STREET I L - WARD STREET _ - EXHIBIT 1 SANTA ANA Title: Pf� Agendo Dole City Council TRACT MAP N0. 17627 ;,October 7, 2014 1030 SOUTH EUCLID STREET ftmommw REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) CITY MANAGlFfR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: M••• _01 ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2na Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO 1012112014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances Approve the requests for the destruction of obsolete records from City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. DISCUSSION On April 1, 2013, the City Council approved a Resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Attachment 19C -1 19C -2 MEMORANDUM To: Maria Huizar Date: September 17, 2014 Cleric of the Council From: Treasury Services Supervisor Subject: REQUEST FOR DESTRUCTION OF RECORDS The Finance & Management Services Agency is requesting consent to destroy city records relating to the Treasury division. The City Attorney approved our request on September 11, 2014. Please add this item to the next City Council meeting schedule on October 7, 2014. Minerva H. Mancha Attachments C: Willard V. Holt, Treasury division 19C -3 MEMORANDUM TQ; Jose Sandoval, Chief Assistant City Attorney Date: August 27, 2014 City Attorney's Office From: Executive Director of Finance & Management Services_ Subject: RGQUFST FOR DESTRUCTION OF RECORDS The Finance & ylanagement Services Agency requests your consent to destroy city records relating to the Treasury Division on the attached listing, in accordance with the retention schedule outlined in City Council [resolution $006-WA& 7-013 -U►i. �. Thank you. Francisco Gutierrez Attachments C: Willard V, Holt, Treasury Division 19C -4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE & MANAGEMENT SERVICES AGENCY — TREASURY DIVISION 2014 19C -5 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES BANKS Daily Bank Balance Reports of daily banking activity. Jun 2011 Report and Prior Deposit Slips Treasury's copy of all City deposit slips sent to bank Jun 2011 and Prior Returned Checks Copies of customer checks returned by bank, letters sent Ju 2011 an Prior to customers and other miscellaneous documents Statements Statements relating to investment banking, n 22 and P�lor Transfer Activity Records Documents pertaining to the wiring of funds tolfrom bank Jun 2011 accounts and Prior Jun 2011 BUSINESS Monthly Register Miscellaneous Business License Account Summary and Prior LICENSE TAX Reports Information reports. Deletion Records Deleted and /or cancelled accounts. Jun 2011 and Prior Gross Receipts & Business License Tax statements filed by business Jun 2011 Variable Assessments operators. and Prior Statements Miscellaneous Receipts Receipts for miscellaneous payments. Jun 2011 and Prior Original Applications Original business license tax applications. Jun 2011 and Prior Payment Records Statements relating to calculation and payment of Jun 2011 business license tax. and Prior Renewal Registration Statements relating to business owner information Jun 2011 Records and Prior Payments / Daily Cash Business License Tax payments received and processed Jun 2011 Receipts via Treasury cashiers. and Prior CHECKS Voided / Canceled Checks voided /canceled; issued by the City; Includes Jun 2009 Checks & Related Housing Authority, Workers Compensation, Payroll and and Prior Reports Vendor; includes checks voided as a result of printer misali nment. 19C -5 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES CHECKS (cone.) Paid Paid checks issued b the City;, inclVes Housin Authority, Workers Cxmpensanon, ayroll and Vendor Jun 2009 and Prior checks. Transmission of all List of all Cik checks issued to allow bank to clear checks Jun 2011 �he ks issued by City to 3an�C. through ace iunt for Positive Pay purposes. and Prior DOG LICENSES Original Applications Application for Dog License; Including Rabies Vaccination Jun 2011 records. and Prior Reports Daily payment infor anon; unpostables; renewals; Jun 011 noncompliance; tag I}st; penalties and rior Payments / Daily Cash Dog License payments received and processed via Jun 2011 Prior Receipts Treasury Cashiers. and Cancellations Dog Licenses cancelled Juq 2011 and Prior HOTEL Piling Records Original Registration Jun en P TAX fo Payment Records Monthly filings and remittances Jun 2011 and Prior WATER Applications for Service Original copies of applicatio%for installation of new water Jun 2011 Prior ACD UNITS service originated by Public Works and MII,INIC fIAL Billing Register Reports Computerized reports detailing accounts billed & Jun 011 Prior U ILIT respective charges and TS Work Orders Investigations of water meter notices and meter Jun 2011 exchanges and Prior Customer files Miscellaneous information I correspondence regarding Jun 2011 customer accounts and Prior Deposit Reports List of Municipal Utility Service accounts that have a Jun 2011 deposit and Prior Payment Report Lists dail re eipts processed via Treasury Cashiers to MunicipalyUtil ity Service accounts by account number Ju 22,011 an � Pdor Payments Daily receipts processed to Municipal Utility accounts by Services Jun 2011 Prior account number and Municipal Utility Services Municipal Utility service Refunds requests and backup Jun 2011 Information and Prior Aging Report Lists balances of all Municipal Utility Service accounts Jun 2011 and Prior PARAMEDIC Billing Payments Paramedic Billing payments received by Treasury Jun 2011 and Prior PARKING Collections temization of citation payments collected by contract Jun 2011 CITATIONS service agency and Prior 19C -6 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES Register Parking Citation Payments process by Treasury Staff Jun 2011 RAffKINC and Prior cont, Amounts Written -oft List of parking citations written -off by DMV Jun 2011 Report and Wons Referred to Itemization of citations referred to DMV for collection Roll ann Poll l DMV Collections DMV parking citation Collections Jun ^011 and Prior R FUND RKL ESTS Business Tax Off! a, Reiltt n Users Tax; a K/liso, Refund requests to Treasury Division; includes supporting documentation Jun 2011 and Prior TREASURY pallyTreasurer's Report of daily revenues received with detail payment Jun 2011 Reports Information and related working papers and Prior Treasu Investment All documents pertaining to Investment Activity Jurn C I Activity an nor TTILIaU,� ERS Ax UU Exemption Applications Homeowners low Income exemptions applications 22 ann C I Filing Records Original registrations ann 20111 Maximum Tax Filings Annual registration and maximum tax payment records Jun 2011 and Prior Payment Records Monthly filings and remittances Jun 2011 and Prior PREPARED BY: .a-7 � Minerva H. Mancha Date Treasury Services Supervisor 19C -7 CONSENT BY: Francisco Gutierrez ate Executive Director Finance & Management Services 7M�9— w- ey is R. Carvalho Date i Attorney 19C -8 Memorandum To: Maria D. Huizar, Clerk of the Council From: Records Manager Christina Holland Date: 9/24/2014 Re: Records Destruction Request Attached is request from the Police Records Division to destroy records in accordance with the City's Records Destruction Policy. If you have any questions or concerns, please feel free to contact me at x8620. Thank you. Christina Holland Santa Ana Police Department, Police Records Manager 19C -9 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Records Division Record Record Series Record Description Record Dates Category Original Police Crime, arrest, All crime, arrest, collision, alarm, 01/01/2007 thru Reports collision, etc. information, and vehicle reports, 12/31/2008 completed by officers Prepared by: Name: Carol Contreras Date: July 16, 2014 Title: Records Supervisor Number of boxes to be destroyed: 313 Original reports were scanned and are now accessible in LaserFiche. This is a request to destroy hard copies CONSENT B Carlos Rojas, C ie of Police Date Police Department APPROVED BY: daw-�' A . C'�— alt— ((-1 Carvalho, Sonia R. Date City Attorney Records destroyed by: Print Name & Badge # Date of destruction: Signature Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 1 gf9C_1 0 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR AUGUST 2014 (STRATEGIC PLAN NO. 5, 1) of CITY MANAGEA 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 10/21/2014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances Receive and file the Strategic Plan Monthly Report for August 2014. DISCUSSION The August 2014 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Attachments: Strategic Plan Monthly Report - August 2014 19D -1 19D-2 City of Santa Ana Strategic Plan Summary - August 2014 This summary overview provides the current status of strategies within each goal. Additional details are included in the Monthly report. SUMMARY 1901-3 Goal #2 Youth, Education, Recreation Goal #1 Community Safety 14 12 25 v 10 a 8 21 6 v 20 0 z° 2 . 0 0 m 0 0 -24% 25 -49% 50-74% 75 -100% T 15 Goal #4 City Financial Stability 8 7 y 6 6 10 _. 4 z° 5 4 2 Z 0 o ■ 0 0 m Goal #6 Community Facilities & 0 -24% 25 -49% 50 -74% 75 -100% 8 7 a 6 m v Goal #3 Economic Development 4 `; 12 11 2 ■ 0 0 10 0 -24% 25 -49% 50 -74% 75 -100% v 8 Percentage Completed Color Key: m 6 4 strategy are in early development. 4 implementation of the strategy. O 2 0 1 Z 0 —1 has been fully implemented. 0 -24% 25 -49% 50 -74% 75 -100% Goal #5 Community Health, Livability, Engagement & Sustainability, 20 19 w 15 eo a 10 65 ° 5 5 4 3 6 z . ■ 0 0 -24% 25 -49% 50 -74% 75 -100% Goal #7 Team Santa Ana 10 9 v 8 en v m 6 5 5 N 0 4 d z 2 � 1 0 0 -24% 25 -49% 50 -74% 75 -100% SUMMARY 1901-3 Goal #2 Youth, Education, Recreation 14 12 12 v 10 a 8 6 4 3 0 z° 2 . 0 0 0 0 -24% 25 -49% 50-74% 75 -100% Goal #4 City Financial Stability 8 7 y 6 w 4 m 4 N 0 2 1 Z 0 o 0 -24% 25 -49% 50 -74% 75 -100% Goal #6 Community Facilities & Infrastructure 8 7 a 6 m v i 4 `; 2 0 Z 2 ■ 0 0 0 0 -24% 25 -49% 50 -74% 75 -100% Percentage Completed Color Key: O0 - 24% Necessary steps to accomplish the strategy are in early development. •25 - 49% Work efforts are underway to begin implementation of the strategy. ® 50 - 74% Strategy is currently being implemented. • 75 - 100% Significant progress has been made towards the completion of the strategy or strategy has been fully implemented. SUMMARY 1901-3 V 'i O Y C 3 a °0 3 f0 Q r L h O O O. G1 Y U T S C i 19D-4 e 0 m w LL � o o 0 « o ry o E a m n £ « o c 0 0 0 0 T O o «^ mm n s' y °a o o o„ o E 4yE o o ° E`o c n° -¢ m o `off v l E o o.v.° «> o m a m a v °v o m�-v a oO 0 o ni `v v �O A ma ry o�id o.n 5 >` ° ° `� m v ¢ °i vi o y E E o m _ .N E o ° B. B. v et1 °_ a !C E A °i i a E„ .Q m �°. m o °n o A tR 00 v_ '? 7 a w j it u o u mo 2 U �i m w ° £ n 0 0 ° 4t > w J E $ x o m a ° « s T o 0 0 0 0 0 _ a E E ° E o "° Em °nom n « `o c o- �. x 9 v o c p a m o m E c o c SE c . o o `o o z 3 i b° > ne E i v v° v nv o q o C N V > ° c « o a 0 W a 3 0 °c n 0 b cn m ° m 19D-4 N O N N O 3 C � a , �a C � f0 �' H O O O. M � V T s C 0 19D -5 m m W O O O O O Y N e °n d d ON a d C v n N E_ 8 n _ ti V E E S - 4 0a:2 E a E c v c m a c n c° .m o G a n q - E c S - A ry n d_ w w '^ m ma Fo m'1°G z3m ::� -o w v ° i v n c V a m 'a « E « a o f v a M ° s E oc m a° E Lt £ ° n N ° d o «- v° v z `o ° s D 3 E aE c c ° a o a 3 ° C p '3 K 0 •; 'o EO N S1 d zu° 2 �g� n2r ° i'+ E:_ io G iw .+v ri E .+a o. rvm o �a °m dvi .tig A o o a a m _ 9 O Y o > a U 2 v « C r � � W — « E C' t Ea v n °i s0 a E c o ° a °> q N q °c oa O «_ 3aO m 3 ry N C7�� Em OmT/ r ?q m >'� c A° v'oQ EL i00 nN a Os d m eofl c¢` S o 19D -5 f0 C Q Y H T Y u N O N N 3 OD 7 am i O Q Cl T s c O 19D-6 o m a NO 0 0 O O O O v E_ u > ie no `o E E a u E? m E °o $ ry o °' o E E E E c- 'N E v_ n n u N a 0 9 «. a °„ a o z c z o a E i o a r 6 N m> o rc 35 N 3'mm�.° n °iN o G r14 m12 o `o °a m a "o > w° c w o 3 o E ° o E s a °' B w a A E° Y E w E 0 3 E a .Q -2 a « c' « Q Z5 m 'o °w E c u x 3 S a 3 c cw `o E a° .� `°• o a° o m E c o E E a «« m n° a �� s> E = �, >: rv° aoo vN o 3° E v« ° zii .P q 1O t rv> c 3 '� e z C °�°° o O$ L°'oo$u °_ N 14 �i da 4 a `' >s' 3 �°+ a'° ry 3 .J $'S ry o m r :ry 3 �i nyv k 9 `o o E B ° 0 to r o a a v t� A E E ` > O E A `w n? >o> E a as o a th d d E O O V u O o O O 1 E o = A .°. o « p E a o 'o o n u = m T c m y '- ' >t w o i Q 0 o - rv° a r m° 19D-6 N O Y f9 � C t Q tw 7 Ya � O O O. GJ Y_ V T L C O V i 19D-7 m m 0 o O o H v C Y N o N d N d O < O E > n s ae U « co A a vu m ND aw a oa ° E o fE o u r a u v 3 m m W N.N Onl6 nOMiO °Vf HOm C v w I z doom 15 °n 'a E a c° t m „ a v a •p• E z •• 01 - c 'e aL' - �® E � E m m y u� � m o .`' a s o= o in ri acrid a_d v E $rv�„i .2 v�ri .6 `mry nui„ is « N E E u E N « °u a o a o` if E — Z ap E to v a v E« a o a e £ ° 01 ac m° a a C m m `- c B n m m E N „ ° U a L �➢ 6 6 °u d C d m .n C y tj fwd m „ w cg mE, v a Eo "3 ez w o ry n 0° C c G g i ° 3 mw ro v 19D-7 N O N N � N C � a °A C � � O w Q O y Y U T s c O Ei I 19D-8 m 0 m o d d w 0 0 0 ry ry a ^v Y e o c o e d a v ut n E V O � L00 V 0 n v a a V « V O C N b y a b L C o c °—' « `e 2 N « O O m ry i y y a pC "t a a d O_ o N N Val N 9 O O E S 9 A « E jjj x o m 12 E 'o °w o°. m = $ E E E o \' N i j «O "_ `o `a > 'o E i 'o E .00 ry O A a u o° O m 0« m E° 19D-8 ItT N O Y C O Q OD 7 6 Q Y � C � f7 i O W Q Gi O N � V T L C O C7 19D-9 .o in m .o r a ° .n c m o o m o n o Y N a o b 0 o d n d o v n n E_ S n _ .. s a x 00 m E Ya o 0 ° E c y ¢ d o o a E a a o pppp tj E � m c •• o °' o :' c n� i •' n n= v r E 2 d i w a w °a o S o Y 00 w 'i nio MN ° d Zvi a �r �`° mm ',°`o n i"a c a � E v a 3; c a x - r 'o c E m u o f °c o n a m E a N - o OQ '� ° ° ,t v i 'I M r 9 d V c a n m m d V 2 j 9N E E y o 0 Y x a s a n a c $ Z c E J s E E o c m E m c i o t E C n> n m O ? ? w m v a$ z W E c o> c o t C m p q o x° m o A a r a° o C E E E Z° m m o o y •E 'O d 'p r' E E v OO d 19D-9 R N O N Y f0 � C � Q � 3 R Q Y � C L � O v,- C O y 4T+ s C O 1 y �e 19D -10 m c m m 0 0` (S 0 6 o LL v v a E_ _ _ Tm X d N m� q cc zm o m t F dma baT t d m a z p 9 c 6 0 o - ,E 3 = d 3 c E 3 `o c o `o- r ' A v v„ `o av o a E Y c a . =t1rx o c o o 0 d° c v A fi, n on -� cd15 � 't _ `E 3 o3 `o v E.2 00 E r c E «_ m o66 u A 0 mE S 0 0 0 n 4 E 5 LL >w s y w n n E d C � o q - E > tb o v m 0 d «° =o c E: 0'30 .n o g o o x s° o T C = gg 0 oz3 n N °° j j C C t T O G �' ✓ �. b W i O 3 6 0° v m O 19D -10 C Y C co H O Y LS ItT N O N Y 7 09 7 al O Q N t C O _ Mv 19D -11 `o L n rc z° N m m m m N N LL O O O O LL Ea a LL LL LL LL � LL LL n E d e N g CO a 9 C a d o c r m - S d 3 o E m > c a p > : N o Y 0 and L O K d d m v d R 9 a ✓1 —_ 2 L Z` O 'L V> `d N m o °£d0ty eoce c aav v v N 3 3 E v o w r o on A$ N c� v'+° 01a n� o > u z N? 3 o 0 'T+E o v E o 3 v_ IS ^ E 00 a'3 E w« c t E a m r q r° o° E° v'i u °,°O. o° $ n° a 'c v c `o w£ a � T 9 H 0 Q E m c J aYg� C E 3 b d o c q a q a` .`-° E E o d E W q m e -I c o_ o 16 oa Z .d. r> O ° mrvm 3° 22 ZGtEw a 00 LL °u u °a o c `m n u v ¢° O A v a E O 19D -11 `o L n rc z° H O N Y f9 � C � Q � 3 0 Q Y � C Y L O O O' w Y U ? s C m 19D -12 m O m O N u N N .ai ^ N O O >O ry ry V E_ —_ 6 u X m Y = v= ° °— E ou a v ° z = $ °_ a a E c � c = c A - w o O° o u °o� a- � d C .n c •Z_' a E° C c m E° m `w c U'7 n n L awn « q C E V V a m V� O® n « r a ° E a n ¢ °°. Ef d L W N � o «y O O d - C 9 q d m � E= L Y v E o E \N c s C o 3 A N v a ga � 5 c v « E t c tm c E �T. E o 19D -12 It ti O N Y � 3 Q � 3 Y Q C L O C' CJ Y V � L C O C7 19D -13 `o 0 z° m m m m 0 LL 0 0 0 s v e N m o a 0 M 0 a 0 E d E 8 n T - 75 E „ � a° N X N > 2F m ` o 'o m o v v 'a N v o `o 6 a v A o n .°" p o 'tO '`-° v c aav _5 c a u e v ° d q G w' O0 c ° E v m 3 m_" o o `c_ .`_d. co _ U c c — ''°' v d 3�- o s o E o a v 1O 3 n E o E E jof 6 a A Q y ° L - a E tR C x 0 ry > E ° m d o m 00 c° L 3 t'9 E i O 6 c. a a E m' O 19D -13 `o 0 z° a N O N Y C � Q f0 Q Y C L O OS aj Y U ? L C O IW- 0 19D -14 `o 0 s" z 0 o m a o "s m o e N d ry M o d 0 d 0 0 v n E Y 0 > v X E o N H.6 `o 0 E o v a a c E m v tR - a o E V a o � ac a.XiO. Ss � w a `m E E a o 3 n a v T' -o E c v - = a m N Q V C d C tR i p ° c- - on. E � 'O o o o o c o LL ? rc n H u A > a a'� � u E y a u a ~ V L a o Ew c C q a O M y 3 d a o c o E c o o n o E cE O V N a a W H in O i o c d d T _o - °as o n00 vi a (7 d 3no Js 19D -14 `o 0 s" z RT H O N N M _ C dA Q 3 Y Q C ' @ L N O O C v Y u E r C O Ell) 19D -15 0 0 2 s �y N m 00 O N N O m W NN O O O O O m _ m v x 9 « 0 O E d q o a °^ 1^ ° a m +cc •`. A `o zw C o Zo 00 6O - _trio ri nivviW viv rv¢nin o° ° rv�.i ry °m 0 >w a a y o y - s v v c y 1O m o = - a o al N - m a U ^ W o d E. E v m n A n v c m 00 ° ° = N .G 9 O O 19D -15 0 0 2 d' N O N Y C � Q Y C @ L H O w Q O N Y r c O '�i •tl 19D -16 m F W m O o O O o 0 0 0 + v h n E_ u e c m m 16 E w c c _J o a v ° o v s c t E m o `,r E r v o= c n r a a a r a c 'm E m E T �°, ° A 5 - - E $ 'E ni v o $s c n ° .°°. q``° m `o a� v E 'o o v m m° m m° r c- 'o v °> a ° a E a o ac r 3 E .4 o v o -va °v m a m E n 3 E _ - o r o o_ a v E� at ° o a -- o r m of E 2 E v e°Vp o a d o t m 2. m° E a n E 'C O° .c N 0 p C 6 L _ O Q p % N - n o m m G o vam qq° _ aa_z 00 mr o V o9-' «Na : E t.£ n mvj m¢ wv�=w mu E in` -' E o E .. E o° y cc o « a n CdU W y O O Y C E C v O w c _ as v C c m a w E v m m _ E ➢ W.2 w C o o o R -= m E y o E E« o °n o f m w v E a v c o = E o a m o `� c� A o E ponE a00 ° 19D -16 N O N Y L t Qto 3 6 Q Y � G L H 0 4� Q C) Y cc V T L 0 0 ► 19D -17 € 0 0 0 N � N m o° N O O ry O H N C E Ti LL � LL N LL LL n E v 2 n u > :E „ n c N a 1 60 o g y 3 m 3 L °q ✓ E� Y 6 C N'Y ` L O¢ 6 C 4 V Y a m V >i y C N m> V 0 E m o o EP > m - ° > E 1 o v Zo o O, « .o o _on -` F n `° `° m a -\ E E 'o d o p e m 00 0 3` o Y p£ c E„ '� o° o `a o f .v .6 ' m 6° O m w m 3 N s E es E r y °' o u,2 A 3 � w > °'wz .i E„i d�+ie« � � nu > �°. r i 6 m > d d L V _ Y o c w d n c o L c v v EE o a c v o c E u d q C d> o c n u C n a C a G E c o c m E t5 o o t5 d o ry n o v p„ V v A > a c 1O w m > C dv 00 -° E C = c ' m o o w E w g n n v ° ° nO .` n aiv � a 19D -17 N O Y C 3 a °q f0 Q Y � C Y � O O G G/ V � s C O i 19D -18 m m 'm m 'o w C e m m v d n E _ O -> r-E9 ¢ H « v N - G - _ E 15 E o o w a E E E 'c E 41o p o q£ d 9 > a¢u v v a E -`- a o n E a E 8 m q o° c 9� a ' `e 5 E o o E _ � qm vEn oN � n 00 v vd E adze y�E'Md> >a� c `a as �.3o L u E w qm m z v u uac d �cOr y9 n C P Urn C u 2 w a a « 5 mn o 0 E � E C c oc b«° N n5� `FOm v0A .m5n `o O a wmS E A ooA i c yo; ca �'E Z5 E r- o c u b- b° " E £ ° u a 7E `o o a" u c E- `o OO O E `o b o q o om= .. 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(]� � {: � r = • : 1 - : 2 !!r \ \73 } \e - 0 o t§ j E - f \ \\ \\ \ \\ ■i« ) ! e ! f \{ _ - 1 o - )/\ 0 c6 j\ 19D-22 d' N O N Y R � C O Q � 7 f6 Q Y � C Y L � O w G O y r � U > L C O l � 19D -23 o o` o C ay d d a d d v c LL LL � LL Ti > w n E U m W u' me w� 3 to a o °• E e 6 u E a E E v d E a i m c 3 c E o t 5 °- 2 v ry � v c c— W o 3 °—° i m a a 3 ° E ao aU z °m 4T >�300 o ° f'rE 'p Ni' f d0 E° rc$ c 66 n n E ° o a E E n i a o a .a 'G °o o„ E° `o_ `o a o 00 « E m c E v E n m a c m c _ _ °m G o a a E o E> _ E v E o zO° v 3 E — v ° — _ a o v >« o O a y E ° r 'o g o ry A a2i o. A m y O O d W'O V a N ° - s o °o c Arva c E m rm— vE cy ac a E o .00 E `o o d a Ci o O ry w d 19D -23 d N O N N � 3 Q � 3 f6 Q C R i N O O CL aT� OC s C O G 19D -24 0 a a 9 `w di z° m m m w m 0 m 0 m o O O m o m o D O C e e a fN'1 d b a .Ni d e w E w LL LL LL � w LL � v 0 E U T m e� tv _ o > E - - v ° E A a w E o - °q.E� o c E w E v a a E > t m T = n m >' y Q n o g' m N v° t+ 6u ° y fi m L o E .°.Y o a w� m y -� rej E 5 g O nm ma v °o m�°. 4 ii r d E • E c ti v m t i 'o n° a o c r n > v 0 > E o a d o0 x .E A a o C z 2 c « c v a a a n > n 3 c d o E t4 o t9 2 u uo o w$ `w o o E o a a E ac OO .. `° a n n E > E m w a J a m O v E d° G o t a c J E> 19D -24 0 a a 9 `w di z° REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AUTHORIZATION TO FILE RECEIVERSHIP ACTIONS AGAINST OWNERS OF REAL PROPERTIES LOCATED AT 1221 N. HARBOR AND 335 E. ADAMS, SANTA ANA {STRATEGIC PLAN NO. 3,3) J /e�w� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10/21/2014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances Authorize the City Attorney to engage special legal counsel, Silver and Wright, to file receivership actions against owners of the real properties located at 1221 N. Harbor and 335 E. Adams in the City of Santa Ana. DISCUSSION The City has recently used the California Health and Safety Code Receivership option to successfully resolve difficult code enforcement matters in both commercial and residential areas. Receivership is a legal process through which control of a piece of real property is temporarily taken from the owners and placed with a court- appointed officer: the Receiver. These receiverships are used primarily for abandoned and substandard properties where the owner has a history of noncompliance with a city's code enforcement efforts or in emergency situations where real property presents an immediate threat to health and safety. The use of the receivership option is a dramatic, immediate and comprehensive process that eliminates slum conditions or habitually substandard properties at no expense to the referring agency when it is the prevailing party. This process also communicates to the public that the City is actively protecting residents and tenants from dangerous conditions created by absentee or recalcitrant property owners. Attached are fact sheets concerning the real properties at 1221 N. Harbor and 335 E. Adams. Community Preservation has identified both of these properties as candidates for receivership actions. 19E -1 Authorization to File Receivership Actions Against Owners of Real Properties Located at 1221 N. Harbor and 335 E. Adams October 7, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3, Economic Development, Objective 3. Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community. FISCAL IMPACT The receiver laws provide for the full recovery of legal fees and the value of staff time. As a result of the success of the initial receivership, the City created a Receivership Fund Account (account no. 09801001 24042). The idea is to use the funds in this account to fund additional actions and to replenish that account through the recovery of legal and staff expenses in each action. Attachments APPROVED AS TO FUNDS AND ACCOUNTS: A,wC'mWL� 0�\e, . Z g Francisco Gutierrez Executive Director Finance & Management Services Agency 19E -2 Receivership Recommendation ADDRESS: 1221 N. Harbor AP # 198- 101 -01 OWNER OF RECORD: Pauline Pham Receivership Recommendation Location: Riverview Corridor - Adjacent to commercial businesses in a heavy commuter corridor, corner property on Harbor Street. Zoning: SP2 Conditions: Substandard conditions- Vacant secured property. All electrical, plumbing and metals have been removed from the interior (shell dwelling). Roof and walls are collapsing in certain areas, weatherproofing issues on site, no landscape. Information: Property is currently secured. No activity has been recorded or obtained for correction of violations. No future project pending. The dwelling has been vacant for many years. Active squatter activity per the SAPD, Code Enforcement Department has boarded up the property several times because of squatter behavior. Current: Notice and Order active 19E -3 Receivership Recommendation ADDRESS: 335 E. Adams AP # 016 - 043 -19 OWNER OF RECORD: Thomas Gallegos Receivership Recommendation Location: Delhi Neighborhood - Adjacent to dense residential properties and elementary school. Zoning: R2 Conditions: Substandard conditions- Vacant secured property. Roof is deteriorating, weatherproofing issues throughout dwelling. The dwelling has been vacant for many years with no current project or corrections recorded for near future. Information: Dwelling has been vacant per records since 2007. Our department has received over 17 complaints regarding an illegal auto repair business on site. Current: Notice and Order active 19E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 11 CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. DISCUSSION On April 1, 2013, the City Council approved a Resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Attachment 19AA -1 19AA -2 7014 it "T —3 All II: 16 MEMORANDUM CITY OF SANTA .`MA Lisa Storck CLERK CAF- )L'd(, {P To: Assistant City Attorney Date: May 27, 2014 Terri Eggers From: Community Development Agency Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy the city records identified on the attached listing in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you, Terri Eggers 19AA -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Community Development Agency Mav, 2014 Record Record Category Series Record Description Record Dates HOUSING Loan Files All Approved paid -off Rehabilitation 1999 -2009 Loans PREPARED BY: Terri Eggers Date 9 Senior Manageme Analyst Community Development Agency RECORDS DESTROYED: Number of Loan Files CONSENT BY: WWII � S elly Landry-OWyle Housing Manager Community Development Agency APPROVED BY: Sonia R. Carvalho Date City Attorney 19AA -4 n CD to i s- 'Z xY.J 0. Box Number Borrower !Paid ADDRESS Off /Forgiven /Written Off Date Allowable Destruction Date 20DS Vinod Kakkar '935 S. Minnie Street 2/27/2001 2/27/2006 Orange County Comm. Housing Corp 1001 W. MacArthur, #82 _ 7/18/2002 7/18/2007 Orange County Comm. Housing Corp 1001 W. Stevens, #176 3/2912002 3/29/2007 Kris Kakkar French Park Model Block Grant Prograi Kris Kakkar 1018 S. Minn_ ie 2/27/2001 10/17/1994 2/27/2006 10/17/1999 French Park Neighborhood ! 21 DS _ -_ iVinod 1018S. Minnie 2/27/2001 2/27/2001 2/27/2006 2/27/2006 Kakkar 1010S. Minnie Vinod Kakkar 10145. Minnie 2/27/2001 2/27/2006 Vinod Kakkar ,1006 S. Minnie 2/27/2001 2/27/2006 Vinod Kakkar 1114S.Minnie 5/18/2001 5/18/2006 William J. Kennedy Trust 1126 S. Minnie 10/10/2001 10/10/2006 Robert Sullivan 128 Aloha Street 2/9/2007 _ 2/9/2013 600 W. Third, A206 12/30/1999 1/1/2005 22 DS Civic Center Barrio Housing Corp. Civic Center Barrio Housing Corp. 600 W. Third, A116 11/4/1999 11/4/2004 Civic Center Barrio Housing Corp. 711 W. First St., E203 10/4/1999 Historic French Park Neighborhhod Ass (Civic _ - -- 825 N Lacy -- --- -- 3/1/1992 _10/4/2004 3/1/1997 2.3 DS _ Center Barrio Housing Corp. _ 700 W. Third St, B307 10/13/1999 111112004 _ Civic Center Barrio Housing Corp. 711 W. First St. E201 , _ 10/18/1999 11/1/2004 Civic Center Barrio Housing Corp. _700 W. Third St., C106 _ 10/18 11/1/2004 Civic Center Barrio Housing Corp. 700-W. Third St., C203 _ 9/18/1999 10/1/2004 Civic Center Barrio Housing Corp. 700 W. Third St., B115 10/13/1999 11/1/2004 Allowable Destruction Date 1/26/2014 Address 31_01 S. Fairview, Sp. 16 Construction Files Box Number Borrower Caro Paid Off /Forgiven /Written Off Date 3 1/26/20091 6 Civic Center 600 W. Third, A116 11/22/19991 11/22/2004 6 Civic Center ,600 W. Third, A117 600 W. Third, A207 _ _ 12/14/1999 10/13/1999 _ 12/14/2004 10/13/2004 61 Civic Center 6 Civic Center '600 W. Third, A206 _ 12/30/1999 12/30/2004 8 9 Civic Center 600 W. Third, C207 12/14/1999 Civic Center 700 W. Third, A108 7/13/1999 _12/14/2004 7/13/2004 10 Civic Center 700 W. Third, A208 10/18/1999 10/18/2004 10 Civic Center 700 W. Third, A115 _ 7113/1999 7/13/2004 10 Civic Center Civic Center Civic Center 700 W. Third, A202 8/5/1999 8/5/2004 12 12 13 700 W. Third, B307 10/13/1999 10/13/2004 10/13/2004 700 W. Third, B115 700 W. Third, C203_ 10/13/1999 Civic Center 9/18/1999 9/18/2004 13 Civic Center _ 700 W. Third, C106 10/18/1999 10/18/1999 10/18/2004 10/18/2004 14 Civic Center 711 W. First, E201 14 Civic Center ,711 W. First, E203 11633 E. Sixth Street 10/13/1999 10/13/2004 16 Southland EDC 10/25/1999 10/25/2004 161Southland EDC 14501 W. Flight 6/10/1999 6/10/2004 16�Southland 16ISouthland 17101iot, 171Estrine 1- 8iDel EDC —T ,2309 Monica Lane 14501 W. Sunswept 14211 W. First, #50 1720 Poinsettia 8/30/1999 8/2/1999 _ _ 8/30/2004 - EDC - Roger Naomi _ _ _ _ Pozo 8/2/2004 8/15/2007 5/19/2005 8/15/2013 1500E Warren, #106 5/22/2007 _ _ _5/19/2010 5/23/2013 19AA -5 Box Number !,Borrower Dorion Habitat for Humanity ADDRESS Paid Off /Forgiven /Written Off (Date Allowable Destruction Date 18 432 S. Harbor, #36 7/19/2004 7/19/2009 20 20 320 -322 E. Adams 12/12/2003 12/11/2003 _ 12/12/2008 12/11/2008 Habitat for Humanity _ _ 1641 E. Adams 21 Huerta 3929 W. Fifth, #83 1/21/2009 1/21/2014 21 loane 602 S. Bamdal 1996 1/1/2001 4/9/2006 21 Jones, Barbara LaRoche Long, Evelyn 4211 W. First, #36 4/9/2001 22 _ 2002 W. Trask _ 3/2/2001 3/2/2006 22 111 Monaco 1917 S. Rousselle 1 1/15/2009 1/15/2014 23 Lucio 1998 1/112003 241 McCulloch, Laura 2210 S. Rosewood 2/27/2009 2/27/2014 25 Navejas 905 W. Glenwood 1001 W. Stevens, #266 12/8/2003 12/8/2008 26 Orange County Comm. Housing Corp. 4/30/2002 4/30/2007 26 Orange County Comm. Housing Corp. 1001 W. Stevens, #404 10/1/2007 26 Orange County Comm. Housing Corp. 1001 W. Stevens, #406 1001 MacArthur #82 1001 Stevens #176 _1.0/1/2002 4/8/2002 4/8/2007 27 27 28 Orange County Comm. Housing Corp. 7/18/2002 7/18/2007 Orange County Comm, Housing Corp. j 3/29/2002 3/29/2007 Johns, Thomas _ 205 Niagara -- 9/21/2005, 9/21/2010 30 Guerrero, Salvador 111 Persimmon Lane 5/7/2002 5/7/2007 321Waahila,Joyce 1316 Baker 7/28/2003 7/28/2008 35 1 Rivard, Patricia 112300 W. Lilac, #516 1/26/2009 1/26/2014 19AA -6 MEMORANDUM Lisa Storck To: Assistant City Attorney Terri Eggers From: Community Development Agency 2019 M -3 AN 11: 16 CITY OF SANTA ANA. Date: May 30, 2014 CLERK OF Cf)f,1 ll.. Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy the city records identified on the attached listing in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you, Terri Eggers 19AA -7 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Community Development Agency P EPARED By -�o -I q4 ISeni rs Date mmunityDevelopment Analyst Community Development Agency RECORDS DESTROYED: Number of Boxes 11� CONSENT BY: S��DI1� Shelly La ry -Bayle ate Housing Vanager APPROVED BY: v � Sonia R. Carvalho D to City Attorney Vi=i .cam r rt-C �*t Co _,n w A rn RECORD RECORD DESCRIPTION RETENTION RETENTION REMARKS DEPT W SERIES START DATE PERIOD RETAINING Expired I Applicant file through 2010 3 Years CFR Housing Voucher voucher issuance Authority HOUSING Tenant Application, 2010 3 Years CFR Housing File correspondence and all Authority paperwork related to tenant's participation on the program P EPARED By -�o -I q4 ISeni rs Date mmunityDevelopment Analyst Community Development Agency RECORDS DESTROYED: Number of Boxes 11� CONSENT BY: S��DI1� Shelly La ry -Bayle ate Housing Vanager APPROVED BY: v � Sonia R. Carvalho D to City Attorney Vi=i .cam r rt-C �*t Co _,n w A rn REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR SEPTEMBER 2014 {STRATEGIC PLAN NO. 5, 1} CITY MANA ER 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 Receive and file the Strategic Plan Monthly Report for September 2014. DISCUSSION The September 2014 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Attachments: Strategic Plan Monthly Report - September 2014 19BB -1 19BB -2 City of Santa Ana Strategic Plan Summary - September 2014 This summary overview provides the current status of strategies within each goal. Additional details are included in the Monthly report. Goal #4 City Financial Stability 7 6 6 w 5 4 a m 4 3 0 2 1 1 Z 1 III, 0 0 -24% 25 -49% 50-74% 75 -100% Goal #1 Community Safety 14 25 21 12 v 20 10 m w 8 w m 15 m 6 n 4 3 0 10 . 0 0 d z 5 4 2 0 -24% 25 -49% 50-74% 75 -100% ■ 0 0 0 -24% 25 -49% 50-74% 75 -100% Goal #3 Economic Development 12 11 10 v 8 6 4 n 4 2 1 z 0 0 � 0-24% 25 -49% 50 -74% 75 -100% Goal #5 Community Health, livability, Engagement & Sustainability 20 19 m 15 W 10 n 6 5 3 3 z 5 0 0 -24% 25 -49% 5474% 75 -100% Goal #7 Team Santa Ana 10 9 8 v w 6 5 4 o z 4 2 2 0 0 -24% 25 -49% 50 -74% 75 -100% Goal #4 City Financial Stability 7 6 6 w 5 4 a m 4 3 0 2 1 1 Z 1 III, 0 0 -24% 25 -49% 50-74% 75 -100% Goal #2 Youth, Education, Recreation 14 12 12 7 10 a 8 w m 6 n 4 3 z° 2 . 0 0 0 0 -24% 25 -49% 50-74% 75 -100% Goal #4 City Financial Stability 7 6 6 w 5 4 a m 4 3 0 2 1 1 Z 1 III, 0 0 -24% 25 -49% 50-74% 75 -100% Percentage Completed Color Key: O0 - 24% Necessary steps to accomplish the strategy are in early development. ®25 - 49% Work efforts are underway to begin implementation of the strategy. AM 50 - 74% Strategy is currently being implemented. 75 - 100% Significant progress has been made towards the completion of the strategy or strategy has been fully implemented. 19BB -3 SUMMARY Goal #6 Community Facilities & Infrastructure 8 7 a 6 w i 4 n `0 2 z0 2 . 0 0 0 0 -24% 25 -49% 50 -74% 75 -100% Percentage Completed Color Key: O0 - 24% Necessary steps to accomplish the strategy are in early development. ®25 - 49% Work efforts are underway to begin implementation of the strategy. AM 50 - 74% Strategy is currently being implemented. 75 - 100% Significant progress has been made towards the completion of the strategy or strategy has been fully implemented. 19BB -3 SUMMARY RT rl O N L N C d Q Ld Y cu C H � Y o a U L C O G (a i Y n rc 0 z .1Oi °u E T w a a X o o y E2 o w o a f m o m a �^ o a o o E d y i -w—,E E a .a o— 8' r e Z E a J .m u E $„ o o r o a s a o`52' X° i E E v m cc 3 o a � - E to o o o E '„ E tea- 'a °> =d oE93v 300 E cr o N¢ N c c q ry E c a o " o o 3 a o a_ N o E `o q a 3 G> c_ N o o DO n '° ; `v a m a `w m a = 'G m M° L° z c N 'w n �°. r o — .E `o c° E o w z °_ x b °_ a 6 v' n m _ > v a o v 5 E EE A E m E t aam m E U °_ L? a o E G noa- n o A E � r a `„ `o !J o C n oO d u - O b u o 'u > E u o E n y 01 g s V `a `o ma x M y t a a i o o " o 8 a._ .+o m a a ai38 i Y n rc 0 z Tt ri O N 5. 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Tai w a .� • .- 3 � c p L __ b a� c a m b r O G.b N« N E b «od ° E�'�O_ c °—' 2 z$ °' SN 3'o F i 00 n` o _— o E v J N a m o^ E o m E:. S n E ry o v = y OTO N V p y ° Y yEj w w m � ;,I v Aq EE b N< o c > :2 v a c b 'v w _ E E i OO J E i 19BB -24 CITY COUNCIL MEETING DATE: OCTOBER 07, 2014 TITLE: CONTRACT AMENDMENT WITH HOME DEPOT FOR HARDWARE SUPPLIES AND LUMBER (SPEC. NO. 11 -063) {STRATEGIC PLAN NO. 6,2) CITY MANAGER • Ll �. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1012112014 Meeting not convened on 1017/2014 FILE NUMBER due to unforeseen circumstances Amend the contract with Home Depot for the purchase of hardware supplies and lumber by $38,000 for an annual amount not to exceed $98,000, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services to all City agencies. Home Depot provides hardware, lumber and a variety of sundry supplies for immediate electrical, plumbing and general maintenance repairs at park facilities, Santa Ana Zoo, and various other City owned buildings as well as materials for Public Works Agency Water Resources Division. On December 19, 2011, the City Council awarded a three -year contract with provision for three one -year renewals to Home Depot based upon a U.S. Communities contract. Due to budget constraints the original budgeted amount was reduced to $60,000. As a result of increasing deferred maintenance, staff is requesting additional funds. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #2, Address deferred maintenance on City buildings and equipment FISCAL IMPACT Funds are available in the various departmental Miscellaneous Operating Expenses account (no. 6y3001). Francisco Gutierrez Executive Director Finance and Management Services Agency DS /sp 22A -1 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: CONTRACTS AWARD FOR REPLACEMENT VEHICLES AND NEW BOBCAT SKID -STEER LOADER (SPEC. NO. 14 -058) {STRATEGIC PLAN NO. 6,2) a zz CITY MANAGEFIF RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I"Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10121/2014 Meeting not convened on 10/7/2014 due to unforeseen circumstances FILE NUMBER Award contracts to National Auto Fleet Group for the purchase of various replacement vehicles in an amount not to exceed $446,799, and Clark Equipment Company for the purchase of a new Bobcat skid -steer loader in an amount not to exceed $50,250, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency Facilities, Fleet Maintenance, and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. Replacement of City vehicles is based on mileage and performance. Due to budget constraints in past years, only Police Department patrol units were replaced. Consequently, other vehicles have exceeded their useful lifecycle resulting in increased maintenance and repairs costs and lowered vehicle performance. Based on the City's lifecycle replacement criteria the following Police and Public Works Agency vehicles will be purchased: two Honda Civics NGV, three F -250 Ford trucks, six Ford Interceptor Police sedans, one Chevy % ton utility truck, and one Ford Explorer. The vehicles being replaced range from model years 1998 to 2006 and therefore experience more downtime and require an aggressive and more expensive maintenance program. Additionally, the Public Works Agency Water Resources Division performs a variety of maintenance and repairs to the City's water distribution system. A skid -steer loader is needed to collect soil, mud and other debris during water system repairs. This piece of equipment will allow for prompt cleanup and eliminate debris from City streets. 2213-1 Contracts Award for Vehicles and Skid -Steer Loader October 7, 2014 Page 2 Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The National Joint Powers Alliance contracts with National Auto Fleet Group for fleet vehicles and Clark Equipment Company for heavy construction equipment were awarded as a result of open competitive bidding, and meet the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #2, Address deferred maintenance on City buildings and equipment. FISCAL IMPACT Funds are available in the Fleet Maintenance Equipment Replacement account (no. 07510101 - 66400for $338,554) and in the Public Works Water System Maintenance, Water Quality & Measurement and Water Administration /Engineering accounts (nos. 06017641 -66400 for $50,250; 06017644 -66400 for $58,245 and 06017645- 66400 for $50,000). IVA IA,,_�� Fre Mousavipour, P.E. Executive Director Public Works Agency CODS /sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: CONTRACT AWARD TO BRW SAFETY AND SUPPLY, INC. FOR SAFETY GLOVES (SPEC. NO. 14 -053) (STRATEGIC PLAN NO. 1, 5) CITY MANAGftfZ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :••:• _o ❑ 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 BRW Safety and Supply, Inc. for the purchase of latex and non -latex safety gloves for a one -year period, with provision for three one -year renewals, in the annual amount not to exceed $50,700, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department staff utilizes gloves in several of its daily operations, including patrol, the forensics laboratory and the jail facility. Gloves are necessary in the routine processing of chemical and biological materials that have the potential for harmful exposure. This is particularly the case in crime scene investigations and jail operations. As a result, proper personal protective wear, including latex and non -latex gloves, are essential to protect staff from this exposure. The notice inviting bids was advertised on September 15, 2014 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 12 Vendors were notified 13 Vendors downloaded the bid packet 1 Received from Santa Ana vendors 3 Bids received The bids were received and opened on September 25, 2014 and evaluated (Exhibit 1). The bid received from BRW Safety and Supply, Inc. is responsive to the specifications and meets the City's requirements. 22AA -1 Contract Award for Safety Gloves October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective # 5, provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana. FISCAL IMPACT Funds are available in the Jail Operations account (no. 01114475 - 63001) and Forensics Services account (no. 01114455-63001). Carlos Rojas Chief of Police Police Department EG APPROVED AS TO FUNDS AND ACCOUNTS: Nn ss� 4 k\x a \ I � 1'�-" . Francisco Gutierrez Executive Director Finance and Management Services Agency; %'-- 22AA -2 Contract Award for Safety Gloves October 21, 2014 Page 3 ABSTRACT OF BIDS CONTRACT AWARD FOR EXAM GLOVES 14 -053 Vendor BRW Safety Life - Assist, E.R. Distribution, and Supply, Inc Inc. Inc. Location Santa Ana, CA Rancho Cordova, CA Corona, CA Item 1 Microflex Synetron, Latex Powder Free, Ambidextrous Poly Coated, Extended Cuff Glove - Mfr #SY 911 100 /Box 10 /Bx/Cs *$91.08/Cs $104.10/Cs $132.71/Cs Item 2 Microflex NeoPro, Chloroprene Wet Application, Powder Free, Ambidextrous Glove - Mfr #NPG -888 100 /Box 10 /Bx/Cs *$94.05/Cs $105.00 /Cs $119.531Cs Item 3 Best N -Dex, Nitrile, Powder Free Disposable, Exam Glove - Mfr #7005PF 200 /Box 20 /Bx/Cs *$183.15/Cs No Bid $205.54/Cs *Local vendor preference applied Exhibit 1 22AA -3 22AA -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: CONTRACT AWARD TO PRESIDIO FOR CISCO SMARTNET MAINTENANCE RENEWAL (SPEC. NO. 14 -054) {STRATEGIC PLAN NO. 6, 1) CITY MANAG - RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Presidio for Cisco SMARTNET Maintenance Renewal in an amount not to exceed $49,500, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Information Services Division employs 275 separate pieces of network equipment manufactured by Cisco Systems, Inc. The support and maintenance of this equipment is essential to ensure the availability and security of the City's network infrastructure. These services are provided directly by Cisco and sold through its network of certified resellers. The City's current annual term for SMARTNET 24x7 support and maintenance services is ending and needs to be renewed. Continuation of Cisco's SMARTNET support and maintenance is critical to preserving the integrity of the City's computer network. 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 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. Presidio is an authorized Cisco reseller offering WSCA pricing. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 6 Community Facilities & Infrastructure, Objective #, 1 establish and maintain a Community Investment Plan for all City assets, Strategy F, perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair, and /or replacement costs in future budgets. 22BB -1 Contract Award for Cisco SMARTNET Maintenance Renewal October 21, 2014 Page 2 FISCAL IMPACT Funds are available in the Finance Information Systems Strategic Plan Maintenance and Support account (no. 10910147- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez rJ� Executive Director Finance and Management Services Agency EG 22BB -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: CONTRACT AWARD TO USA FLEET SOLUTIONS FOR GPS FLEET TRACKING AND ENGINE DIAGNOSTIC UNITS AND MONITORING SERVICES (SPEC. NO. 14 -059) (STRATEGIC PLAN NO. 6,2) �V l� FAT RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1�'Reading ❑ Ordinance on 2 "dReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to USA Fleet Solutions for the purchase of 50 GPS fleet tracking and engine diagnostic units and monthly monitoring services for 111 units in an amount not to exceed $53,480, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency Facilities, Fleet Maintenance, and Central Stores Division (FFCS) provides maintenance and repair services for approximately 500 City vehicles. To assist in the overall fleet maintenance and performance, FFCS purchased 61 engine monitoring and diagnostic vehicle units in May 2013. Monitoring services provide valuable diagnostic and tracking data to help service the fleet utilizing a proactive methodology. Examples of this data include odometer tracking, check engine light diagnosis, vehicle location and route tracking. This information helps FFCS staff to quickly identify engine repair needs and poor driving habits, which when identified early can reduce fuel consumption and reduce emission of dangerous greenhouse gases. Additionally, the GPS units will assist in tracking and measuring the success of recent driving policies such as idling time and hard braking. Since implementing the initial GPS program in 2013, idling time has been reduced by 34.4% in those vehicles with GPS units. This reduction decreases both fuel consumption and engine wear which results in decreased maintenance costs. The 50 additional units will be installed in the remaining vehicles belonging to the Public Works Agency. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The National Joint Powers Alliance contract with USA Fleet Solutions was awarded as a result of open competitive bidding and meets the City's requirements. 22CC -1 Contract Award for Fleet Tracking Devices October 7, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #2, Address deferred maintenance on City buildings and equipment. FISCAL IMPACT Funds are available in the Fleet Maintenance Equipment Maintenance- Garage Operation account (no. 07510100 - 62300) for $37,230 and the Fleet Services Air Quality Improvement account (no.03110101-66400) for $16,250. APPROVED AS TO FUNDS AND ACCOUNTS: e Francisco Gutierrez 5� Executive Director Finance and Management Services Agency CL /DS /sp 22CC-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: CONTRACTS AWARD FOR REPLACEMENT VEHICLES SPEC NO. (14 -063) {STRATEGIC PLAN NO. 6,2) r CITY M AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2ntlReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to National Auto Fleet Group for the purchase of a maintenance stake bed truck in an amount not to exceed $70,485, and to Coastline Equipment for the purchase of a backhoe loader in an amount not to exceed $91,154, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency Facilities, Fleet Maintenance, and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. Replacement of City vehicles is based on mileage and performance. Due to budget constraints in past years, the City focused primarily on replacing Police Department patrol units. Consequently, other vehicles have exceeded their useful lifecycle resulting in increased maintenance and repairs costs and lowered vehicle performance. Based on the City's lifecycle replacement criteria, two vehicles have been identified for replacement with the following equipment: one John Deere 310K backhoe loader and one E450 Ford Super Duty truck. The backhoe being replaced is 28 years old and is therefore non- compliant with existing AQMD diesel standards. The E450 truck will be used by the Parks, Recreation and Community Services Agency Park Maintenance Division and will be outfitted with an electric drive system through a partnership with the California Energy Commission (CEC). All costs associated with the electric drive system conversion will be funded by the CEC. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The National Joint Powers Alliance contract with National Auto Fleet Group for fleet vehicles and the statewide contract awarded to Coastline 22DD -1 Contracts Award for Replacement Vehicles October 21, 2014 Page 2 Equipment for ground maintenance equipment were awarded as a result of open competitive bidding and meet the City's requirements STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #2, Address deferred maintenance on City buildings and equipment. FISCAL IMPACT Funds are available in the Fleet Maintenance Equipment Replacement account (07510101- 66400). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 0-p— Finance and Management Services Agency CURS /sp 22DD -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: PAYMENT AUTHORIZATION TO PROCESS SOLUTIONS, INC. FOR EMERGENCY REPAIRS AT WELL #28 (SPEC. NO. 14 -068) �.STIC PLAN N 1c} CITY M AGER 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 payment to Process Solutions, Inc. to replace the chlorine - generating unit at Well # 28, located at 730 E. Memory Lane, in an amount not to exceed $72,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Water Resources Division is responsible for the daily operations of the City's water system. The City's water production system is comprised of reservoirs, wells, pump stations, pressure reducing stations and a network of underground pipes. There are 14 chlorine - generating units throughout the water system to maintain an effective water treatment process. On September 26, 2014 an electrolytic cell in the chlorine - generating unit at Well #28 shorted and caused a fire destroying the unit. In addition to the normal water demands of City residents, the Water Resources Division is currently operating under a request to pump additional groundwater per a City agreement with the Metropolitan Water District. The damaged chlorine - generating unit caused a 12 percent reduction in water production resulting in the water system to be operating without a safety factor. Any further water system failures could significantly affect the City's water production capabilities. Replacing the chlorine - generating unit at Well #28 allows the City to meet residents' water service demands and contract obligations. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #1, establish and maintain a Community Investment Plan for all City assets, Strategy C, invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard. 22EE -1 Payment Authorization for Emergency Repairs at Well #28 October 21, 2014 Page 2 FISCAL IMPACT Funds are available in the Public Works Water Utility Water Production & Supply account (no. 06017640- 66400) APPROVED AS TO FUNDS AND ACCOUNTS: 4dousa4vipur Francisco Gutierrez �' Executive Director Executive Director Public Works Agency Finance and Management Services Agency JA /sp 22EE -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AGREEMENT AMENDMENT FOR SCULPTURE DESIGN AND INSTALLATION — FLOWER STREET BIKE TRAIL GAP CLOSURE PROJECT (NO. 122620) (STRATEGIC PLAN NO. 5, 5, C) 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 Approve an addendum to the contract agreement with Green Giant Landscape, Inc., for the Flower Street Bike Trail Gap Closure Project, to subcontract for the design, fabrication, and installation of a sculpture for the bike trail Trailhead Plaza at an estimated cost of $87,153. DISCUSSION The Flower Street Bike Trail is part of the Golden Loop Recreational Trail, a 24 -mile regional trail that meanders through the City and provides facilities for biking, jogging, and walking, and is part of the Orange County Transportation Authority (OCTA) Commuter Bikeways Strategic Plan. It is also adjacent to local elementary, intermediate, and high schools; South Coast Metro Arts and Entertainment District; South Coast Plaza; and Metro Pointe Shopping Center (Exhibit 1). On August 5, 2013, the City Council awarded a $968,500 contract to the lowest responsible bidder, Green Giant Landscape, Inc., to construct the Flower Street Bike Trail Gap Closure. That action also approved a contingency of $145,275 to cover any unforeseen construction costs. At the time, neither the artist nor the sculpture had been selected. However, to avoid the loss of grant funds, staff recommended moving forward with the construction prior to completing the selection process. The approved contract included an allowance to pay for an unnamed artist to be contracted by the City, and for construction of the sculpture foundation structure. However, the contract also included a bid item to design, fabricate, and install the unknown art sculpture. Now that the sculpture and the artist have been determined, the contractor is able to hire the artist directly and has negotiated the actual cost of the work. Consequently, a separate agreement is required to handle this unique subcontracting arrangement. 23AA -1 Agreement Amendment for Sculpture Design and Installation — Flower Street Bike Trail Gap Closure October 21, 2014 Page 2 Authorized vs. Actual Expenditures With the exception of the art sculpture work, this project is fully completed. The construction expenditures for the entire project to date, including contract work and executed change orders, are $911,574. Staff is recommending a construction contract change order with Green Giant Landscape, Inc., in the estimated amount of $87,153, to cover contractor and artist costs to design, fabricate, and install the sculpture (Exhibit 2). The change order cost, which includes the proposed artwork and all related expenditures, is completely within the framework of the existing contract and contingency. No additional expenditure authorizations are being sought and no additional funds are being requested. The project funding is summarized as follows: EXPENDITURES Construction Contract Contingency Contract Cost Credits Cost Extras SUBTOTAL RECOMMENDED ADDENDUM Art Sculpture Change Order TOTALS Artwork Selection and Concept AUTHORIZED $ 968,500.00 $ 145,275.00 $1,113,775.00 ACTUAL Recommended $ 968,500.00 <$102,734.00> $ 45,807.98 $ 911,573.98 $ 87,153.00 $ 998,726.98 The City received a grant to help build a half -mile of bike trail on the flood control channel property that runs along Flower Street from MacArthur to Sunflower. The grant includes $80,000 for the installation of a public art project on the northeast corner of Flower Street and Sunflower Avenue. Since the property in this area was once owned and farmed by a Japanese- American farmer who greatly contributed to the growth and prosperity of this region, the artwork will commemorate the important role of the Japanese- American immigrant agricultural community in Santa Ana. Last spring, the City partnered with Arts OC and issued a call for artist proposals for this public art project. Forty -six applications were received. A panel of three art experts working with Arts OC selected five finalists and asked them to submit renderings and proposals. The five artists presented their concepts and the committee judged the proposals based on experience, presentation, concept, and resistance to vandalism. After this process was completed, the selection committee recommended an untitled piece by artist Richard Turner. 23AA -2 Agreement Amendment for Sculpture Design and Installation — Flower Street Bike Trail Gap Closure October 21, 2014 Page 3 The selection committee was comprised of Grace Kook - Anderson, Curator, Laguna Art Museum; Joseph S. Lewis III, Dean and Professor of Art, Claire Trevor School of the Arts, University of California, Irvine; and Mike McGee, Gallery Director of the Begovich Gallery, Director of the Exhibition Design /Museum Studies Program, Associate Professor of Art, California State University, Fullerton, and a new member of the City's Arts and Culture Commission. City Manager David Cavazos and Council Member Vince Sarmiento, who represents Ward 1 where the sculpture will be placed, have also reviewed the committee's recommendation. On August 21, 2014, the proposed sculpture was presented to the City's Arts and Culture Commission and they concurred with the selected public art project. The artist, Mr. Richard Turner, is very well -known and a highly- regarded veteran in the field of public art. The selection committee was extremely confident in the artist's ability to produce a quality monument that will stand the test of time. The design pays tribute to the contributions of the Japanese- American farmers while referencing their Japanese heritage. The work consists of a 7 -foot bronze sculpture of a bunch of celery, treated with a dark patina with green overtones, and an antique millstone atop a concrete plinth paved with handpicked stones. The idea of an oversize bunch of celery (one of the primary mainstays of the Orange County Japanese- American farmers) alludes to the exuberant American tradition of proclaiming our agricultural abundance. The paved stones evoke the paving of a pathway in a traditional Japanese garden, while recalling familiar southern California landscaping styles. The millstone, often used in Japanese gardens, represents the history of food production in both the East and the West. Together, the piece is minimal in style and straightforward in its symbolism. Exhibit 3 shows a picture of the small 3 -D model created for the selection process. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5, Promote a strong arts and culture infrastructure, Strategy C, Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemptions Environmental Review No. 2006 -197 was filed for this project. In addition, a Certification of Categorical Exemption and a Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. 23AA -3 Agreement Amendment for Sculpture Design and Installation — Flower Street Bike Trail Gap Closure October 21, 2014 Page 4 FISCAL IMPACT , The estimated total amount needed to deliver the art sculpture is $87,153. Funding to cover all project costs was approved in the original contract awarded on August 5, 2013, and is available in the Parks Acquisition and Development Fund (Account No. 31313260 - 66220), Transportation Enhancement Fund (Account No. 05917660 - 66220), and the Recreational Trail Program Fund (Account No. 17213240- 66220). Fred Mousavipour Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency FM /EW G /TC Exhibits: 1. Project Location Map 2. Change Order 3. "Untitled" by Richard Turner APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23AA -4 Description: Flower Street Bike Trail Gap Closure scope of work included the construction of a 10 -foot wide by one -half mile long asphalt bicycle trail, landscaping, irrigation, security lighting, wrought iron fencing and a trailhead plaza, with an art sculpture located at Flower Street and Sunflower Street, J =I _ MACARTHUR laza SUNFLOWER EXHIBIT 1 ST saNrn ANA '9 I PROJECT RPSTPLE 5063 (143) 12 -2620 CITY COUNCIL ?.• NI A : AGENDA DATe FLOWER STREET BIKE TRAIL GAP CLOSURE JUNE 3, 2013 SUNFLOWER TO MACARTHUR " " °"` °." l M1UKI PAGE 1 OF 1 23AA -5 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12 -2620: Flower Street Bike Trail Gap Closure from Change order Number 3 MacArthur to Sunflower [RPSTPLE 5063 (143)] To Green Giant Landscape, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the folloWng described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BYTHE CITY COUNCILOR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORKAT AGREED AND UNIT PRICES Design and construct the foundation for the art sculpture at the Flower Street Bike Trail Plaza, as directed per PCO No. 13. AGREE PRICE $22,325 * The actual costs are based on the actual quantities provided per PCO No. 13. AGREE UNIT PRICE $4,350 EXTRA WORK AT AGREED NOT TO EXCEED PRICES 5. Design and fabricate an art sculpture at the Flower Street Bike Trail Plaza, per the attached agreement. AGREED NOT TO EXCEED PRICE $60,478 f Page 1 of 2 1 *:4:11 -31111 �a 23AA -6 Description Oty Unit Price Total 2. Foundation Mock Up* 1 $ 550.00 $ 550.00 3. Color Option in Foundation * 30 $ 100.00 $ 3,000.00 4. Grout Bronze Art Sculpture * 8 $ 100.00 $ 800.00 * The actual costs are based on the actual quantities provided per PCO No. 13. AGREE UNIT PRICE $4,350 EXTRA WORK AT AGREED NOT TO EXCEED PRICES 5. Design and fabricate an art sculpture at the Flower Street Bike Trail Plaza, per the attached agreement. AGREED NOT TO EXCEED PRICE $60,478 f Page 1 of 2 1 *:4:11 -31111 �a 23AA -6 CITY OF SANTA ANA r. PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12 -2620: Flower Street Bike Trail Gap Closure from Change Order Number 3 MacArthur to Sunflower [RPSTPLE 5063 (143)] To Green Giant Landscape, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BYTHE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: $ _ _ - _ - ESTIMATED $ 87,1 53.00 DECREASE INCREASE By reason of this order the CONTRACT TIME completion will be adjusted as follows: 224 working days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date By Approval recommended by Approved by Contractor Green Giant Landscape, Inc. Title CITYMANAGER Date DIRECTOR Date Page 2 of 2 23AA -7 ADDENDUM TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GREEN GIANT LANDSCAPE INC. THIS ADDENDUM TO AGREEMENT is entered into on October 21, 2014, by and between Green Giant Landscaping, Inc. a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City ") (collectively "Parties "). RECITALS: A. The Parties entered into that certain Agreement 4 12 -2620, dated August 5, 2013, (hereinafter "said Agreement ") by which Contractor has constructed a portion of the Flower Street Bike Trail ( "Trail ") between Sunflower Avenue and MacArthur Boulevard. B. Section 2.19 of said Agreement provided the outline for the erection of a sculpture at the trailhead plaza area of the Trail. Pursuant to that section the Contractor was to construct the base upon which the sculpture is to be set and to pick -up, deliver and install the sculpture. Further, the Contractor was to pay to the artist who constructs the sculpture a sum not to exceed $60,000.00 for the sculpture and associated works of improvement to the trailhead plaza. C. In order to complete the requirements under the Agreement, certain specifications, time -lines and pay schedules need to be amended and added to the Agreement. The Parties hereto desire to enter into this Addendum to set forth the additional specifications and to provide Contractor with the means by which to fulfill its obligations under the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those as set forth in this Addendum to Agreement, the Parties agree as follows: 1. Section 1.03 Time of Completion is amended as follows: The Contractor shall complete all work as amended by this agreement by June 30, 2015. 2. Section 2.19 Trailboa.d Plaza is amended to add the following provisions: Contractor shall pay to the Artist (Richard Turner) the dollar amounts and at the times as set forth in the "ARTIST SCOPE OF WORK/FEE SCHEDULE" attached as Exhibit 1 hereto and incorporated herein. Contractor shall be responsible for obtaining from the Artist and any and all subcontractors and material suppliers all appropriate lien releases upon payment for said work/materials. City shall release to Contractor from the funds allowed in the Agreement the sum of $60,478.00 upon execution of this Addendum. Contractor agrees that said $60,478.00 is to be used by Contractor for the sole purpose of paying the Artist the amounts and upon the time lines as set forth in Exhibit I hereto. Concurrently therewith, City shall reduce the amount of the performance bond of Contractor on the project to the sum as established in Change Order No. 3. The $60,478.00 is a `Not to Exceed' and the Contractor shal l provide invoices for all work provided by the Artist and all funds not used shall be returned to the City. 23AA -8 The costs to remobilize, design, and constrict the foundation support and install the art sculpture shall be amended as per Change Order No. 3. The bid items I 1 and 46 shall be voided and compensation shall be as outlined herein and in Change Order No. 3. Further, the City shall take beneficial occupancy all work completed as of August 6, 2014 and shall pay to Contractor all amounts owed as of August 6, 2014 and shall execute a retention release for all funds except for 5% of the remaining amounts owed as established in Change Order No, 3. 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 Addendum 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 At ney By: ,z 2s fJ h S aka sistant City Attorney RECOMMENDED FOR APPROVAL Fred Mousavipour `l V Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager Green Giant Landscape, Inc. Donald L is Henderson President Green Giant Landscape, Inc. EXHIBIT 2 2 23AA -9 Project 12 -2620 Flower Street Bike Trail Plaza Art Sculpture Artist Scope of Work /Fee Schedule Foam positive of celery sculpture Bill Daniels Engraving Finish on Foam (Estimate) $2,000.00 Due at completion Deposit to begin work $3,725.00 Due at start Completion of work $3,725.00 $9,450.00 Due at completion Bronze celery sculpture and two bronze plaques MC3inc Mounting Pipe and Fill Void (Estimate) $2,000.00 Due at completion Deposit to begin mold work $3,870.00 Due at start Begin casting $9,335.00 Due at casting Complete casting and patina $9,335.00 $24,540,00 Due at completion Anti - skateboard hardware Skatestoppers Begin design development $950.00 Due at start Begin fabrication $510.00 Due at fabrication Complete fabrication $510.00 $1,970.00 Due at completion Millstone Mil /stones.com Purchase including shipping $5,700.00 $5,700.00 Due at order Stone paving Thompson Building Supplies Purchase including delivery $1,200.00 Due at order Installation vendor TBD (Estimate) $3,000.00 $4,200.00 Due at completion Transportation Vendors TED (Estimate) Deliver foam positive to foundry $500.00 Due at delivery Deliver bronze to site $500.00 Due at delivery Deliver stone to site $500.00 $1,600.00 Due at delivery Artist Oversight Design Development Construction Oversight Completion of Installation Subtotal General Contractor Markup Total Not to Exceed $3,000.00 Due at start $3,500.00 Due at start $3,500.00 $10,000.00 Due at completion $57,360.00 $ 3,118.00 $60,478.00 EXHIBIT 2 23AA -10 Notes on Scope of Work/ Fee Schedule • Foam positive of celery sculpture: Artist will contract to have the foam positive made for the celery sculpture. The type of finish depends on what the foundry needs and what kind of textural detail the Artist wants on the surface; estimate cost for foam positive finish is $2000.00. + Bronze celery sculpture: Artist will contract with foundry to design and fabricate the celery sculpture. The details for the interior of the sculpture to accommodate the mounting pipe and the material to fill the interior void will be addressed during design; the estimated cost is $2,000.00. Artist will contract with foundry to design and fabricate two bronze plaques, one to recognize City Council and one for the description of the art piece. • Millstone: Artist will select and purchase the millstone; cost includes shipping. • Stone paving: Artist will select and purchase the paving stones; cost includes shipping to the Artist studio. Artist will contract to have the paving stones installed; estimated installation cost is $3,000.00. • Transportation: Artist will arrange for the delivery of the foam positive to the foundry, the bronze celery sculpture to the site, and the paving stones to the site; estimated delivery costs are $1,500.00. • Subcontract: Artist to subcontract with Contractor for work and payment identified herein. Rendering of Art Sculpture f WN 0 11 :1 23AA -11 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AWARD CONTRACT FOR MAPLE BIKE TRAIL SAFETY ENHANCEMENTS AT OCCIDENTAL STREET, SAINT ANDREW PLACE, AND SAINT GERTRUDE PLACE (PROJECT 136797) (STRATEGIC PLAN NO. 6, 1,B &G) CITY MANAGER 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 1. Award a contract to Palp, Inc., dba Excel Paving Company, the lowest responsible bidder, in accordance with the base bid, in the amount of $224,887, for the construction of the Maple Bike Trail Safety Enhancements at Occidental Street, Saint Andrew Place, and Saint Gertrude Place. 2. Approve the Cost Analysis for a total estimated project delivery cost of $262,754. DISCUSSION The recommended action will allow the City to enter into a contract with Palp, Inc., dba Excel Paving Company, and proceed with construction of the Maple Bike Trail Safety Enhancements. The project has received budget and funding approval as part of the City's Capital Improvement Program. Project design is complete and bid procedures have been followed as established by the City's Municipal Code, and in adherence to the Public Contracts Code. The Maple Bike Trail Safety Enhancement project at Occidental Street, Saint Andrew Place, and Saint Gertrude Place consists of constructing bulb -outs within the existing public right -of -way at the three bike trail street crossings (Exhibit 1). The existing bike trail serves hundreds of bicyclists and pedestrians every day, in addition to heavy use by students walking or biking to Edison Elementary School. Once completed, these improvements will enhance safety at the bike trail crossings by shortening the crossing distance for all pedestrians and bicyclists. The Notice of Inviting Bids was advertised on August 18 and 19, 2014, and bids were opened on September 9, 2014. The following is a summary of the bid invitations mailed and received, and bid results: 23BB -1 Contract Award For Maple Bike Trail Safety Enhancements at Occidental Street, St. Andrew Place and St. Gertrude Place October 21, 2014 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 16 Contractors requesting bidding documents 19 Bids received 6 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDERS NAME LOCATION BID 1 Palp, Inc., dba Excel Paving Company Long Beach $224,887 2 Naka Engineering Contractors Laguna Hills $225,390 3 CPO Enterprises Inc. Covina $232,460 4 Hillcrest Contracting, Inc. Corona $240,650 5 Beador Construction, Inc. Corona $255,300 6 All American Asphalt Corona $294,900 Six bids were received and considered responsive, with Palp, Inc. dba Excel Paving Company submitting the lowest responsive bid. The bid amount of $224,887 is comparable to the Engineer's Estimate of $203,800. Based on the bids received, staff recommends award of this contract to Palp, Inc., dba Excel Paving Company. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2012 -36 was filed for this project. 23BB -2 Contract Award For Maple Bike Trail Safety Enhancements at Occidental Street, St. Andrew Place and St. Gertrude Place October 21, 2014 Page 3 FISCAL IMPACT The estimated total delivery cost of this project is $262,754, which includes construction, contract administration, inspection, testing, surveying, and contingencies (Exhibit 2). Funding is available in the Select Street Construction Fund (Accounts 05917663 -66220 and 05917660 - 66220, Project 13- 6797). APPROVED AS TO FUNDS AND ACCOUNTS Fr d Mousavipour Francisco Gutierrez Ex cutive Director Executive Director Public Works Agency Finance & Management Services Agency FM /EWG /ET Exhibits: 1. Location Map 2. Cost Analysis 3. Project Bid Package r -- r -- Contract Award For Maple Bike Trail Safety Enhancements at Occidental Street, St. Andrew Place and St. Gertrude Place October 21, 2014 . 'LJ OCCIDENTAL ST t5 L4 ST ANDREW PL ST GERTRI M1DE PL rn i ka' ® PROJECT LOOAMON EXHIBIT 1 0 SANTA ANA PROJECT 13.6797 4 � I CITY=ffi m MAPLE BIKE TnAL SAFETY ENHANCEMENTS v vP W A AOSDA IDA19 AT OCCIDENTAL ST, ST. ANDFIEW PLACE � 2' 2014 AND 'ST. GERTRUDE PL P11 R A �A,4� q� PNi d 1 bT r -- i-- COST ANALYSIS PROJECT 13 -6797 MAPLE BIKE TRAIL SAFETY ENCHANCEMENTS AT OCCIDENTAL STREET, ST. ANDREW PLACE AND ST. GERTRUDE PLACE Construction Contract $224,887 Contract Administration $7,107 Inspection and Testing $9,079 Survey Staking $3,238 Contingencies $22,489 TOTAL ESTIMATED CONSTRUCTION COSTS $266,800 EXHIBIT 2 23BB -7 r -- CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: W. PCOBA a REQUIREMENT: The undersigned declares that he /she has carefiilly examined the location of the proposed work, that he /she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, and hereby proposes to famish all material and do all the work required to complete the said work in accordance with said plans, specifications and special provisions, for the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Quanti Unit Price Amount 1. Unclassified Excavation* CY 610 $ (A _ $ sqoLb— 2. AC Pavement* TN 400 3. PCC Curb and Gutter (Type A -2 -6) LF 800 $_ $ 2.ti000 f 4. PCC Sidewalk (4 ") SF 6,400 $_ $-CAM-- 5. PCC Curb Ramp SF 1,800 6. PCC Curb and Gutter (Type B -1) LF 80 7. Adjust Water Valve Frame and Cover EA 7 to Finished Grade 8. Adjust Sewer and Drainage Manhole EA 5 to Finished Grade 9. Adjust Survey Monument to Finished EA 2 $__qw_ Grade 10. Remove Existing Fire Hydrant EA 1 BP I of 26 r -- • TO BE INCLUDED IN BID PACKAGE 11. Furnish and Install Fire FIydrant EA I $ i 40m-- 12. Signing and Striping LS 1 13. Furnish and Install 3X4' Truncated EA 3 Dome Panel TOTAL The lowest responsible bidder shall be selected based on the low total bid. The City reserves the right to award the Base Bid, and any; all or none of the alternate Bid Items. The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this hem will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. PROJECT 13 -6797 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS AT OCCIDENTAL STREET ST. ANDREW PLACE Firm AND ST. GERTRUDE PLACE; CM- 5063(149) Address Phone Fax Email BIDDER Signature BP 2 of 26 23BB -10 BIDDER U30 LEMON AVENUE LONG BEACH, CA 90806 (562) $99-5041 TO BE INCLUDED IN BID PACKAGE CALIFORNIA ALL-PURPOSE CIE State of California County of Loa. Angeles On 0�n_)��t before me, C.. Phillips, Notary Public (nmo now rwre and ties of ae "meet) personally appeared C.P. Brown, who proved to me on the basis of satisfactory evidence to be the person(s) whose nameW islitte subscribed to the within instrument and acknowledged to me that heMoktwgncexecuted the same in his/haatfixir authorized capacityQas.), and that by his/luiefteie signature(4) on the instrument the person(fi), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OP PERJURY under the laws of the State of California that the foregoing paragraph is we and correct. WITNESS my hand and official seal I" C PHILI HP-9 { COMM 1`1996177 =i 7+�^�- Notary PUbhr California v' LC}r ANCCI P9 COUIN7Y a Sig solNotesyllublic (Notary Seal) My Cnmin. l- xpirea pet.2E),2015 ADDMONAL OPTIONAL INFORMATION DESCRIPTION OF TIC ATTACHED DOCUMENT (Title or description of attached docarm nt) (Title or description of attededdootuneot continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer .(Title) ❑ Parmer(s) ❑ Attorney-in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING, THIS FORM My aaknowledgmem completed in California must conmfn verbiage eruct, as appears above It, the rotary section or a separar" acAnawledgmem /arm must be properly completed and attached to that dacomem, The only uceplion is #"a dro verem is to be recorded mnside ojCaljfornra In sack batons", am, afternmive aelnoWWAlmOm verbige ns may. be prboed on such a doarmem 1a long as the verbiage does not mildre the rotary to do something that it lll"gal for a notary to CalijorMa (i.e. cer'sWetg the adhorired eopadty of the signed. Please checklhe dacemew eargUtyfor proper notarial wording and attach thisfo,, brrellubed • State and County Wormation must be the State and County wham the document siguer(s) personally appeared (afore the notary publicror acknowiedgmmt • Date of notariradell must be the date that the signers) personally appeared which most also belle same date dto acknovvtedgmwt is compiled, • The notary public most print his or her name as g appeals within his at Itpr wtnmisslon followed by o comma and then your title (notary public). • Print the names)oT document signers) who personally appear at the time of nolariratlon. • Indicate the oorcem singular or plural forms by crossing off inwmect roams (1,0. Wshchboyy is tam) or cirolfne ate corrections, Psifi re to comity indicate this information nary lead to rejection ofdapument recording,• • The notary real impression must he clear and photogmphionlly reproducible. Impression most not cover text or lines. if sesl from sion smudges, rescol if a sufadent area permits, odiersise oamplete a different acknowledgment form. • Signahue of the notary public must match the signature on file with the Offico of ate county clock. Addilbued brfouNtlon is not requited but could help to "mute this achitlwlaig,nent Is nut tnisawd or attached to a different document. G radigate title or type ofnttadled dwmneul, numbor of pages and dale. vv Indicate are capacity claimed by the signor, if are Violated cajucity b a corporate officer, hndlcafe ale Sae (Le. cEo,.CFO, Secretary). • Securolyuaacbt (dsdmumeuttothesktkeddooumaut 2008,Yersiop CAPA v12,10.e;/. 80Q,873.9g65, _W—my Vota yClasses,coto 23BB -11 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT LIST OF SUB- CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: Streets, highways including bridge projects; Y2% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: %s% of the bid BIDDER proposes to subcontract certain portions of the work to the fn-Lins listed below: NAME t 1a LOCATIPHONE TYPE OF WOM LICENSE NAME PHONE TYPE OF 4n LICENSE # LOCATION" PHONE 6gs TYPE OF wor& (ua R $ U'Sw LICENSE # 0 NAME LOCATION PHONE TYPE OF WORK $ p�, L �jd ,1§ICEN5E # W EI Pry "W631,T,,xP!k�Ii Name of Firm Submi 3n B' Signature of BIDDER , {, l i4lJtd i'i3Ft7Fli7' NAME (';TLIIi- Li I%I/C✓�n1 �i�— LOCATION ? 1 ( 1`` t ItiVaM UY)1- PHONE 2L6 &249 TYPE OF WORJCMAf tr �j_ $ LICENSE #� NAME LOCATION 0 S ({tlYeinih PHONE 01 TYPE OF WORK'6fVi LICENSE # LOCATION PHONE TYPE OF WORK $ LICENSE # LOCATION PHONE TYPE OF WORK $ LICENSE # TO BE INCLUDED IN BID PACKAGE BP 3 of 26 23BB -12 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT LIST OF SUB - CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: -Streets, highways including bridge projects; '' /z% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: ' /2% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME LOCATION PHONE TYPE OF WORK $ LICENSE # NAME LOCATION PHONE TYPE OF WORK $ LICENSE # 11J \%ly LOCATION PHONE TYPE OF WORK $ LICENSE # NAME LOCATION PHONE TYPE OF WORK $ PAgpLvP,, P, LDWCENSE # Name of Finn Subm' i g id M1 Signature of BIDDER t7.€?, SF90VCt? l'f3{ S1G11 NAME LOCATION PHONE TYPE OF WORK LICENSE # NAME LOCATION _ PHONE TYPE OF WORK LICENSE # I LOCATION PHONE _ TYPE OF WORK g LICENSE # NAME LOCATION _ PHONE TYPE OF WORK LICENSE # BP 3 of 26 23BB -13 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5463(149) PROPOSAL & CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) shall constitute the entire agreement between BIDDER and the AGENCY 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 Public Works Agency 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 BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days, or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, 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 Non - Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm ME PNxs"'2N (°V AP', ��`c Signature of / BIDDER 1 •_0 kA.v.• Title C.P. SRC}}A (if an individual, so state) BP 4 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -14 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM -S @63(149) PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (If a firm or co- partnership, state the firm name and give the naives of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) E""AVV, J ?'a Qv4',9M y.CIE_- PAVE MiC9PARAMY Curtis P. Brown President and Chief Exacutiva Qificer Curtis V. Brown 11 vice rowan an a rreratingoffai sr OPATION Bruce E. Flatt Vice Presldset and Chief Finaactel Gesov Marcia 6, Miller Seer.5 ry Michale E, Drakullch Assistant Secretary ATTEST: CLERK OF THE COUNCIL ACTION OF COUNCIL: Date 20 ACCEPTED FOR THE CITY OF SANTA ANA: EXECUTIVE DIRECTOR PUBLIC WORKS AGENCY BP 5 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -15 CITY OF SANTA, ANA Project 13 -6797 Maple Dike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) (THE BIDDERt4 EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICHARF, A PART OF THIS PROPOSAL) F, UAL EMPLOYMENT OPPORTUNITY CERTIFICATION , r" , F LEA HAVflkM POWWOW The BIDDER proposed subcon actor hereby certifies that he has , has not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CPR 60- 1.7(b) (1)), and must be submitted by BIDDERS and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CPR 60 -1.5. (Generally only contracts or subcontracts of $1.0,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. BP 6 of 26 TO BE INCLUDFD IN BID PACKAGE 23BB -16 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: I. 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 all 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 /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the 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 Order 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 non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Govermnent contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. BP 7 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -17 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued 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 of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed �, -, J, , YA Title W. DBOINK FFiF."rADE %T Fum1-' °'rttt P i's3?ib' Date SEP ° S 2014 TO BE INCLUDED IN BID PACKAGE BP 8 of 26 23BB -18 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before conunencing the performance of the work of this contract. If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unless the hired employees) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. Signed Title C, P, DOWN, PRES4 DEN Finn9ttA,Ia14 II toF Date UP - A ?n14 BP 9 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -19 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety E, uhancements At Occidental Street, St, Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. 1. M n L-", Y 2. and Address of Owner. Name and Telephone Number 1 Contract Arnount Name and Telephone Nwr 'CAI ors Contract Amount vw Type of Work Date Completed r- Au- __.,. J 2Ajq of Work Date Completed 3. a1Q �li.V} 6AAV'lGi me�iGr U�iSLYtl� Name and Address of owner. —' Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds, oo alt? (0110 BP 10 of 26 23BB -20 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project 13 -6797 Maple Bilce Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed I Title 0,P. 519010,1'f cEUVI„NT Fh7n C'Monr9 W Date _ BP ll of 26 TO BE INCLUDED IN HID PACKAGE 23BB -21 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that tine BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sharp bid. Note: The above Non - collusion Affidavit is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of LOS ANGEL S Subscribed and sworn to (or affirmed) before me on this __ day ass, -- 8 2612p by C.P. SHOWN proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Q AH(LL,IpS �'Ml , ir199G177 n gllc- Callfornlr� F'L.ES COUNTY ires Cct.29, 2016 Notary Publi ignature Notary Public Seal C, Phillips, Notary Public BP 12 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -22 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI- KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti- Kickback" Act (I& USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he /she is otherwise entitled. Signed Title G, P` BRAWN, PR's:WENT NUR NJC,1'98A Firm ,iG.,p F sPp!? AEhll' Date SEP 8 2014 BP 13 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -23 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjwy that the following is true and correct. Contractor's Name: 1AQ PC, DBA EXCEL PAVNG COMPArqy Business Address: LOVE BEAM, CA 0.0606 Telephone: d562j 5OR -6841 State Contractor's License No. and STATE UG. 608659 „A„ Class: Expiration Date: Signed: Title: g; P. FROWN, PRESWENT TO BE INCLUDED IN BID PACKAGE BP 14 of 26 23BB -24 Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertl ode Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT FEDERAL REQUIREMENTS FOR FEDER.AI., -AID CONSTRUCTION PROJECTS GENERAL —'The wodclteteinproyosarlwillbe ficanced in whole ampatt aih Federal (bads, mid traefore all of the slafuta, mks and reg nicra pt xr *a1cd by the Federal Govetumit and applicable to wale financed in whole cc in put with Federal funds will apply to such work 1he'Requited ConhactProv onsa FeclaalAidCoshmAiahCathads '•FamFHWA1273, are indudol in this Section 14. Whsrxm in said requited colractproviso s w2imces are made to `SI-IA Cattrxtingo$ica;>"SHA. tesUca t atginea;,,a "aulbaiz!d represent rve of the SHA," such refaaxes shall be conshtred to trrean `FY>�n�t "as delined nl Section 1 -1.18 ofdte StandardSpocificsdos, RMANCE OF PREVIOUS CONTRACT - In addition to the ptisions Lt Section iS "Naxlisain�' and Section VII,'Subletting or Assigtiugdte CorttW' cfthertxlaired mntactpruvhias, the Cathu4aslhall conply with the folly nvutg The BIDDER shall exaate the CEl2'll, CAMON WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONRRACIS SUBIECrTO TIE EQUAL OPPORTUNIIY CLAUSE AND THE HUNG OF REQUIRED REPORTS located in dre proposal. No request for wicktri g or assigning arty periat of de contract in excess of $10,000 wffi be carsidued order the proems of Swim VH of the tegcmart contract Provisions tutess such nrlrxst is aavngsnied by dre CERTIFICATION raZin d to above, executed by thepacpasodsubxufrado. NON-COLLUSION PROVISIONS - The provisions in this sat ea ate gTkableto all canhacls excgxmnkacisforFedaalAid SxamcbrypicimR Tile 23, Uni ed Stales Code, Section 112, requires as acondition print to approvalbytbcFakrull yAdmmisnutaoft heoxthactfa,(hswodcthat each BIDDERfle a swan statanmt e cent d by, or an behalfo$ the person, f urb association, or capaahm to whon such contract is to be awaaied, artifying4vatstn9tpa< a5fet }asrocialia }acaPrsaiiahkmsnot eithod¢aAly a in- diratly, entered into any ag orrr)rt, patdctpaW in any collusion, a odxmm talm any action in restra nt of free con4ratve biddrug in coal with the, whytihal bid A form to make tre nai- collar n alfilviL slaierneot reqaiiedbySation 112asacu f xadattmTrperrttyofp #Ur&Krffianasa swomsWmixrgmpmitiodby2 $USC,Sw.1746,isiridu edinthepropcsat PARIICTPAHON BY DISADVANTAGED BUS1N M ENYERPRISEs IN SUBCONTRACTING - Put 26, Title 49, Cade of FakaiRegul omsiA)IicstodvsFedaalaidpmject Pert¢nartsxtcnsofsaid Caleeremoorpaabdinputainitsentirelywithinothersediasofdwwsp` h ptov"ora Scl dLicB- Irdmnati(xtforD &mmhingdointVattteE7igdihty. Aaadunart ExltibRA -1111 &M--97 (this fonnneeduotbe filled ny if all jointventure fools are minority owned) I. Name ofjointventum 2. Address ofjonhventure 3. Phonenunhberofjointventare 4. Identify the fimts which comprise thejointvenlure. (The DBE partner must complete Schedule A) a. Describe dhcmle ofthe DBE flan in thisjointventure. b. Describe very briefly the experience andbusiness qualifications of each non- MBEjoint 5. Nature of ttejointventore'sbusiness 6. Provide a copy ofdhejointvent.,V-eement 7. What is the c launedpetcentageofDBEownaship'7 8. Ownership ofiointventure: (This need notbe filled in if described in dicioint venture agreement,providedby question (6), a. Profit and loss sharing b. Capital contributions, including equipment. e. Other applicable ownpsbip interests BP 15 of 26 23BB -25 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT 9. Conaal of and participation in this coma: IdanAfy by name, lace, W� and "Any, those individuals (and their titles) tvino am irstnumble far day-to -day nranagunvnf ad policy decision malting including but not ]united to, these with prime respons bifityfx. aFiammatdoisions NaireofPimn NmcofFimi Signal= Siguaaue BP 16 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -26 Nanne Nana U. Maruagargntdsisions, strchas: Title --- Tilde 1.Hsin fing - -- Date Date — 2.Madota3gandsales Date _ Slateof 3. Hoeing and fmng ofnuauagenxant Countyof _ _ 4.Rudnasingoftugoritanso utaplics On flds _ day of 20 befog nes awed (lane) to ne pasonally laa� who, being duly swop, did meaae (be — faegoing affidavit and did slate that he or sbe was p gxdy aiattedwd by (Name of fian) a Slatiffmionoffneldcimlions meinuteffieaflidavitatxididsoashisorh crfrwactm)ddecd Ne(myPublic- Note: manta Ring M SelixUo B and befae dh wipMon of Canmw onexpues drjointvauane's wodcan die cerinact covaod by this mgulation, ilnee is awry signuflcmat cbaoge in the mfomuaion subnva ed, the [Sew] Joint ventweinginlibmn the Wake, eltherditediyor thmughdie Date pine caiaadorif4ue jourt ver aue is a suboiaift-auax S4tieof_ A,*knvt Coolly of "Ile mndasigned swear dint the fn ageing sfaaiinas are On this — day of 2o_, bdae nx a,-Pental camel and include all material inl4am ion neeessay to identify (Nau�) fo a>uepasonallyl eml, whobeing swcmy didexaxrte ale and ee#h the tmns and opeatio, of aarjoint vedw and the intended patticipation by meh joint vananer in ilne undertaldng. f n affidavit and did slate that Fee or $ne was anll�izecl b �° pq)ctiY y (Name of flan) Fenulff, ilaetmdasigred rovauant and agree to provide to gruilce to exmft the affidavitanddidso asHsaherfieead and deed am nt, ompldte and aaxunte iofoanahm repnd'aag actual joint venaaewakandthepa} nienthewfoe and anylxq>oscrichanges Noti¢yPublic manyofihejo" vetmeauaogenents and topeanitihe audit and cmintlamaspims examination of the books, woords, and files oftiejomtve tam, by - "xrimd rgxesen4tives of the grandee or the Fedaal feuding Pal] ag y, Any nrkrial nusgxtsmbain will be gonads for tea mnainganymnaactAichmaybea enloil and for initialing actionwnderFedaalaSlafe IawscoamaningfalsesldemeNS" Allaehmett Ea`KhMA -FIC W-97 BP 16 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -26 CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The BIDDER under penalty of perjury, certifies that except as noted below, he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determ red ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to 0* Exceptions imcrt the exceptions in the following space. 1 V` Exceptions will not necessarily result in denial of award, but will be considered in determining BIDDERS responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. RALP s ., _ COM PAs�P Name of BIDDER Signature of BIDDER G.P. 1ow k Date FED.8 -22 -88 S PREsWENT BP 17 of 26 TO BE INCLUDED IN BID PACKAGE 23BB -27 Exhibit 15 -G2 Local Agency Bidder DBE Information (Construction Contracts) (Inclusive of all DBEs at bid proposal) NOTE: PLEASE REFER TO INSTRUCTIONS ON APPENDIX F AGENCY: LOCATION: PROJECT DESCRIPTION: PROJECTNO. )3 -6797 Meole IIike Tra'I SafetvE l - -n 1 0 'd• t lSheaC St And e •P14 leoe. St. Gertrude Place CM- 5063(149) TOTAL FEDERAL CONUA T@ AMOUNT: $ 26 BID DATE: J�p q'Zp _ t BIDDER'S NAME: ri Y'�: Fitt R CONTRACT ITEM OF WORK AND DESCRIPTION CorLNo.ofDBE NAME OF DBEs DOLLAR AMOUNT ITEM NO, Olt SERVICES TO BE AND EXPIRATION (Must be certified on the date bids DBE SUBCONTRACTED OR MATERIALS DATE are opened - include DBE address O BE PROVIDED mid hone number —1 — AJOI 64 6 L T t i _ iRJn 1 213 / road W ) 613 6 7011 - -- _. Mb IYUMALA For Local Agency to Complete:l� Total Claimed 1 i !_fifl = Local Agency Contract Number: Participation 1$ W� Federal Aid Project Number: Federal Share: t'i , 1+ % Contract Award Date: Local Agency certifies that all information is complete and accurate. ®ry p C "P° WN' PFIES ENE Print Name Signature Date Signature of Bidder Local Agency Representative Area Code) Telephone Number: — Date (Area Code) Tel. No, For Caltrans Review: Print Name Signature Date Caltrans District Local Assistance Engineer Local Agency Bidder- DBE Information (Rev 3/09) Distribution: (I) Copy — Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of award, Failure to send a copy to the BLAB within 15 days of award may result in de- obligation of funds for this project. (2) Copy -- Include in award package to Caltrans District Local Assistance (3) Original — Local agency files Bla 18 of 26 23BB -28 CITY OF SANTA ANA PROJECT TITLE & NO. # PROPOSAL AND CONTRACT AGREEMENT NONLOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be pc the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction unposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub- recipients shall certify and disclose accordingly. C-T, ✓ 11 , K 33rHOWP4,MESIDENT BIDDER'S Signature y r�L? s�FES,i�2.^ 0103 L NMsR, 1 CO'i,2 °,% ?tiN,i'f Firm ate . Slundard Form LLL may be obtained £rotn Caltrans and Fn WA offices. BP 19 of 26 23BB -29 PALP, 2> LUG CITY OF SANTA ANA PROTECT TITLE & NO. # PROPOSAL AND CONTRACT AGREEMENT DISCLOSURE, OF LOBBYING ACTIYPI'IES Comolete this form to disclose lobbvina antivitiee nursuanrm 41 it e r, r aco 1. Type of Federal Action 2. Status ofPedeml Action 3. Report Type: Al a. Contract ,�] a. Bid/offer /application KI a, initial b. Grant b, initial award b, material change c. Corporate Agreement c, post -award d. Ban Por Material Change only: e. Loan Guaantee Year_ qumfer f. Loan Insurance, dale of Irstre oat 4. Nano and Address ofReponing Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter -Name and of Prime: .EMM AWNUE HEA gaWistrirt i latmvn Con essionalDistrict, i knoimn 6. Federal Department/Agency: 7. Federal Program Name/Description 07DANwnber Ifapplicable 8. Federal Action Number, ifknowm 9. Award Amount; ifknom 10. a, Name and Address of Lobbying Entity b. Individual Performing Services (#vhd#rg ak6zasJ/ V,,,ef,,uNa (tzd'rttaf..a(&d»vr'efas4 ILtr) (lanrem�,�oS1 trmrG M� attach Continuation Sheets ifnecess 11. Amount of Payment (check all that apply): 11 Type of Payment (ebeck all that apply) $ ❑ Actual ❑ Planned ❑ a. retainer ❑ b. one -tune fee ❑ c. commission 12. Fonn ofPaymant (check all that apply): ❑ a. cash ❑ d. contingent fee ❑ b. in -ldnd; specify: nature ❑ e. deferr value f, other, s ecify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), enployee(s), or member(s) contacted, for Payment indicated in item 11: attach Continuation Sheet s i cessa 15. Continuation Shee s attached: Yes o 16.hamnEicnral mbdfm 4hibisfwnis"mwdbyTide31USCSa4m 1352 Thisds lmmof obbymgadivifiesisannk ialmpes�offadupon Signature whichidaarcewaspl,mibyfttaabomwhenftft 3adiortwasmadeaenbcreil C. P, BROWN, PREME W he. Tlnsdiscicstwis tiedpa&=b3l U.S.C135Z Thisudmmlimwillbe PrintNarne aepxle bt rCagteasmlik%mLdR andwi7lbem ,i&bleforpubliciispcion 4nypr�` onwfiofaiLstoSfe�raTuit eddi�lcaueshallbesubjectfoaciv7paraltyof Title notless6=$ 10, 000andnatnraedm $100,000faaachsudifailura (562) 599 -5041 SEP °� � 2014 Tel hone No. Date FedsalUs;Grry Aubodwd for I ocal RepvducGon Smidmd Foma —LLL BP 20 of 26 23BB -30 TO BE USLD ROR TTDI9LALLY FUNDED PROJECTS ONLY CITY OF SANTA ANA PROJECT TITLE & NO. # PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (Form FHWA -1273) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the required Federal Contract Provision (Form FHWA -1273) as shown in the appendix of the special provisions of this project. Signed Title �"..XGVL IWINII€ j CIOMi,PA!". I Film Date BP 21 of 26 23BB -31 Cede MUM, PRESMENT CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(119) PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief; that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the snaking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an Federal contract, grant, loan, or cooperative agreement, (2) If any funds other Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLU, "Disclosure of Lobbying Activities" in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more dial, $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub - recipients shall certify and disclose accordin 1 . BIDDEit„S, RN , w >AJO t EXCEL 3V0 V N8 SEP - 9 2014 Date BP 22 of 26 23BB -32 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING `BUY AMERICA" REQUIREMENTS FOR STEEL OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the "Buy America" requirements of Section 165 of the Surface Transportation Assistance Act of 1982 and as shown in the special provisions of this project. Signed Title onvem,PRESIMN1 Firm ,, vat �aRN3 Date SFP m 9 11314 CITY OF SANTA ANA BP 23 of 26 23BB -33 Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10285,1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the BIDDER hereby declares t npr penalty of perjury under the laws of the State of California that the BIDDER has _ , has not f been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term 'BIDDER" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The BIDDER roust place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed C, P. BROWN, PRESIDENT Title RALA WC ARM Firm. z PEL WANG) (,SIP r#r' i "N Date BP 24 of 26 23BB -34 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place; CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10162 OUESTIONAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. BP 25 of 26 23BB -35 CITY OF SANTA ANA Project 13 -6797 Maple Bike Trail Safety Enhancements At Occidental Street, St. Andrew Place, and St. Gertrude Place, CM- 5063(149) PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Title C. P. MRA, PRES4DEtii p,3J,i.: ii.CCMi . Firm FX F3 PA k° €, fa1,r?$,1 f Date ['p - 9 2014 BP 26 of 26 23BB -36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: CIVIC CENTER — JOINT POWERS AGREEMENT AMENDMENT AND RESTATEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE {STRATEGIC PLAN NO. 6, 1B} t CITY MANAG . RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: i* 1 ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10/21/2014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances Authorize the City Manager and Clerk of the Council to execute an amendment and restatement of the Civic Center Joint Powers Agreement between the City of Santa Ana and the County of Orange, for a period of ten years with ten year extensions upon mutual agreement from the effective date of the amendment and restatement, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION On January 17, 1966, the County of Orange and the City of Santa Ana entered into a Joint Exercise of Powers Agreement forming an Orange County Civic Center Authority for the purpose to plan, construct and maintain a comprehensive Civic Center in Santa Ana. Under the initial terms of this agreement, the County and City deeded land to the Authority to develop the Civic Center. The Joint Powers Agreement has served both agencies successfully to develop and maintain the Civic Center. The original Joint Powers Agreement is for a 50 -year term and will expire on January 2016. Through the years, the Joint Powers agreement has been amended six times: 1) in June 1970, to address conveyance of property to develop City Hall; 2) in December 1970 to make available steam and chilled water to the City; 3) in December 1984, to quitclaim the Orange County Men's Jail and the Intake /Release Center to the County; 4) in November 1991, to grant deed the Men's Jail and the Intake /Release Center to the County; 5) in February 1994, to quitclaim back to the City and the County all the remaining parcels owned by the Authority; and 6) on July 20, 1999 to modify the minimum of meetings held annually. The proposed amendment and restatement of the Joint Powers Agreement will extend the term for ten years, with ten -year extensions upon mutual agreement, thereafter. Either party may terminate the agreement at any time with a 180 -day written notice. The amendment will also simplify and update the purpose, powers and governance of the Authority. The prior amendments to the Joint Powers agreement will be simplified and prior land grants, which are now irrelevant, will be omitted. 25A -1 Civic Center Joint Powers Agreement Amendment and Restatement October 7, 2014 Page 2 The original structure of the Authority, with a governing board of private citizens and quarterly meetings was designed to ensure proper guidance on the development of the Civic Center. The Civic Center is now largely built -out and focus is mainly on operational and maintenance issues. The proposed Restated Joint Powers Agreement replaces the prior governance structure with an agency staff - oriented governing body appointed by the County Chief Executive Officer and the City Manager. The proposed Restated Agreement will allow the Authority to expand the County's ability to make improvements to facilities necessary to also provide electrical power to the Civic Center Facilities, The County currently provides steam and chill water to City Hall, the Federal Building, the State Building and the Superior Courts. The prior Joint Powers Agreement also gives the Authority powers common to the County and City for acquiring, constructing, maintaining, operating, leasing, public improvements and providing steam and chilled water; for the maintenance and operation of buildings and facilities; and all acts necessary to exercise the common powers in a manner consistent with the County's ability to exercise similar powers. The Restated Agreement modifies this provision to state that the powers must be exercised consistent with the City's exercise of similar powers and within County limits. This change will allow projects undertaken by the Authority to benefit from the City's expanded authority for alternative delivery methods for public works projects. The Orange County Board of Supervisors approved the amendment and restatement of the Joint Powers Agreement at their September 30, 2014 meeting. In addition, the City and County will propose, at a later date, several implementing agreements concerning Civic Center issues such as parking, security and maintenance. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #1, Establish and maintain a Community Investment Plan for all City assets, Strategy b, Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users. FISCAL IMPACT There is no fiscal impact associated with this action. GerarA Mouet, Executi e Director Parks, Recreation and Community Services Agency 25A -2 AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA AND THE COUNTY OF ORANGE REGARDING THE ORANGE COUNTY CIVIC CENTER AUTHORITY THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA AND THE COUNTY OF ORANGE REGARDING THE ORANGE COUNTY CIVIC CENTER AUTHORITY ( "Restated Agreement ") is dated as of , 2014 ( "Effective Date "), and is by and between the COUNTY OF ORANGE, a political subdivision of the State of California ( "County ") and the CITY OF SANTA ANA, a municipal corporation ( "City "). County and City may sometimes hereinafter individually be referred to as a "Party" or jointly as the "Parties." WHEREAS, the City and the County previously created the Orange County Civic Center Authority ( "Authority ") pursuant to California Government Code Section 6500 et. seq., by agreement dated January 17, 1966 ( "Prior Agreement "); and WHEREAS, the City and the County are each empowered by law to acquire, construct, maintain, operate, lease and sell public facilities and accessory structures; and WHEREAS, the City and County are each empowered to provide electric utility service, steam and chilled water to themselves and others to the extent permitted by law; and WHEREAS, the City and County desire to restate and amend the ,Prior Agreement and amend the nature and scope of the Authority's powers and governance, as more fully set forth herein; and WHEREAS, the Second Amendment to the Prior Agreement, dated December 22, 1970 and the Sixth Amendment to the Prior Agreement, dated June 1, 1999 are the only amendments relevant to the continuing operations of the Authority; and WHEREAS, the City and County wish to restate and amend the Prior Agreement and the relevant previous and new amendments for ease and clarity and to supersede and supplant the Prior Agreement and all amendments thereto. 25A -3 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. Purpose. This Restated Agreement is made pursuant to provisions of Article 7 Chapter 5, Division7, Title 1 of the Government Code of the State of California (commencing with Section 6500, hereinafter called "Act ") relating to the joint exercise of powers common to the City and the County. The City and County each possess the powers referred to in the recitals hereof. The purpose of this Restated Agreement is to exercise such powers by acquiring, constructing, maintaining, operating and leasing public improvements with facilities and appurtenances necessary or convenient therefor, with the further purpose to provide electric utility service, steam and chilled water as permitted by law within the Campus, as defined in Section 16. Such purpose will be accomplished, and said common powers exercised, in the manner hereinafter set forth. SECTION 2. Term. This Restated Agreement shall become effective as of the date hereof and shall continue in full force and effect for a period of ten (10) years from the date hereof and shall automatically renew for ten (1.0) year increments thereafter until terminated by either Party as set forth herein. This Restated Agreement shall not be terminated until such time as all revenue bonds herein provided for, and issued pursuant hereto or pursuant to the Prior Agreement, and the interest thereon shall have been paid in full or adequate provision for such payment shall have been made as set forth in the proceedings for the issuance thereof. After such time, this Restated Agreement may be terminated by either Party upon 180 day written notice. SECTION 3. Authority. A_ Creation of the Authority. Pursuant to Section 6506 of the Act, there is hereby created a public entity separate from the Parties hereto, to be known as the "Orange County Civic Center Authority" ( "Authority ") and said Authority shall be a public entity separate and apart from the City and the County. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Party to this Restated Agreement. B. Governing Board. The Authority shall be administered by a governing board of five members, each serving in their individual capacities as members of the governing board. Two members, who shall be County employees, are to be appointed by the County Executive Officer. Two members, who shall be City 25A -4 employees, are to be appointed by the City Manager. The fifth member shall be selected by the County and City members, and will preferably be an employee of a government agency located within the Civic Center Campus. Each member shall serve a four year term at the pleasure of the appointing entity. Such governing board shall be called the "Governing Board ". The Governing Board, which was known as the Civic Center Commission in the Prior Agreement shall have the same rights, powers, authority or obligations as granted to the Civic Center Commission in other documents in which the Civic Center Commission was a party thereto. C. Meeting of the Governing Board. (1) Regular Meetings. The Governing Board shall provide for its regular, adjourned regular and special meetings; provided, however, it shall hold at least one meeting each year. The Governing Board shall hold other such meetings during the year as shall be determined by the Governing Board Chairperson or any other member of the Governing Board. The dates upon which, and the hour and place at which, any such meeting shall be held shall be fixed by resolution, minute order or any other method permitted by the Ralph M. Brown Act. (2) Ralph M. Brown Act. All meetings of the Governing Board, including, without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code). (3) Minutes. The Secretary of the Governing Board shall cause to be kept minutes of the meetings, both regular, adjourned regular and special, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Governing Board and to the City and to the County. (4) Quorum. A majority of the Governing Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. (5) Tie Vote. In the event of a tie vote by the Governing Board, no action will be taken on the subject matter of the vote. D. Officers. The Chairperson of the Governing Board shall be a County appointee in fiscal years that begin with 25A -5 an odd numbered year (e.g. 2015) and shall be a City appointee in fiscal years that begin with an even numbered year. Vice Chair of the Governing Board shall be a City appointee in fiscal years that begin with an odd numbered year and shall be a County appointee in fiscal years that begin with an even numbered year. The Chairperson shall appoint a Secretary who may, but need not be, a member of the Governing Board. The Treasurer of the Authority shall be the duly - elected, qualified and acting County Treasurer serving ex- officio as Treasurer of the Authority. The Auditor of the Authority shall be the duly elected, qualified and acting County Auditor serving ex- officio as Auditor of the Authority. The Attorney for the Authority shall be the duly- appointed and acting County Counsel of the County or his duly- authorized deputy serving ex- officio as Attorney for the Authority; provided, however, that; (i) when requested by the Attorney for the Authority or on majority action of the Authority the duly - authorized deputy shall assist the attorney for the Authority, and (ii) in the event of any conflict between the County and the Authority, the Authority may, with the prior consent of County, appoint other counsel to represent the Authority in such matter. SECTION 4. Powers. The Authority shall have the powers common to City and County set forth in Section 1 of this Restated Agreement, to wit; acquiring, constructing and leasing public improvements with facilities and appurtenances necessary or convenient therefor, with the further power of providing electric utility service, steam and chilled water as permitted by law within the Campus (as defined in Section 16, below). The Authority shall further have the power to maintain and operate any buildings which have been acquired or constructed by the Authority and the facilities and appurtenances necessary thereto. The Authority is hereby authorized to do all acts necessary for the exercise of said common powers for said purposes, including, but not limited to, any or all of the following: to make and enter into contracts and cooperative agreements with other local agencies, to acquire, construct, manage, maintain or operate any buildings, works or improvements and to acquire, hold or dispose of property within the County, pursuant to this Restated Agreement and the contracts or agreements between the Authority and the Parties hereto and any other public agencies; to incur debts, liabilities or obligations required by the exercise of these powers which do not constitute a debt, liability or obligation of the City of the County, and to sue and be sued in its own name. Said powers shall be exercised in the manner provided in the Act and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed on the City in the exercise of similar powers. The Authority may also issue revenue bonds, pursuant to Article 2, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6540, hereinafter called the "Bond Act") and any other applicable laws of the State of California. 25A -6 SECTION 5. Fiscal Year. For the purposes of this Restated Agreement, the term "fiscal year" shall mean the fiscal year as established from time to time by the County, being at the date of this Restated Agreement the period from July I to and including the following June 30. SECTION 6. Disposition of Assets. At the end of the term hereof, or upon earlier termination of this Restated Agreement as set forth in Section 2 hereof, all real property of the Authority shall automatically vest in the Party thereto, which has heretofore conveyed said property to the Authority and shall thereafter remain the sole property of said Party. All other property of Authority shall be returned to the Parties in proportion to the contributions made. SECTION 7. personnel. The Authority shall request from the County and /or the City the services of such personnel to serve the Authority ex- officio as may be necessary to carry out this Restated Agreement and shall have power to employ temporary professional and technical assistance for the performance of this Restated Agreement; provided that adequate sources of funds are assured for the payment of such temporary professional and technical services, which are not provided by a Party hereto. SECTION 8. Accounts and Reports. To the extent not covered by the duties assigned to any trustee, the Auditor of the Authority shall establish and maintain such funds and accounts as may be required by good accounting practice by any provision of any resolution of the Authority securing its revenue bonds. The books and records of the Authority in the hands of the trustee or the Auditor shall be open to inspection at all reasonable times by representatives of the City and the County. The Auditor of the Authority, within 120 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the City and to the Comity to the extent such activities are not covered by the report of the trustee. The trustee appointed under any resolution of issuance of the bonds of the Authority shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions to said resolution. Said trustee may be given such duties in said resolution as may be desirable to carry out this Restated Agreement. 25A -7 SECTION 9. Funds. Subject to the applicable provisions of any indenture or financing agreement, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds (i) pursuant to the accounting procedures developed under Section 8 hereof, and (ii) as nearly as possible in accordance with normal County procedures, shall make the disbursements required by this Restated Agreement or to carry out any of the provisions or purposes of this Restated Agreement. No gifts, grants, aid or similar payments from any source other than the Parties to this Restated Agreement shall be received and used by the Authority on any land conveyed to the Authority without the consent of the Party which conveyed said property. SECTION 10. Prior Agreement. It is mutually agreed that this Restated Agreement shall terminate, supplant and supersede the Prior Agreement, including any amendments thereto. Notwithstanding the foregoing, the restatement and termination of the Prior Agreement shall not relieve the Parties from any uncured obligations under the Prior Agreement. SECTION 11. Notices. All notices, documents, correspondence and communications concerning this Restated Agreement shall be addressed as set forth in this Section 10, or as the Parties may hereafter designate by written notice, and shall be sent through the United States mail, return receipt requested or with other proof of delivery, with postage prepaid, by personal delivery, Federal Express or similar courier service, or by facsimile. Notices so given shall be deemed to have been given upon receipt with the exception of transmittals via facsimile which shall be deemed delivered on the day transmitted provided transmitted by 4:30 P.M. (PT) on the receiving Party's regular business day, otherwise delivery shall be deemed to have been given on the next business day. Either Party may change the address for notices by giving the other Party at least ten (10) calendar days' prior written notice of the new address. 25A -8 To County: To City: County of Orange xx c/o xx ATTN: xx 333 W. Santa Ana Blvd, 3rd Floor xx Santa Ana, CA 92703 Phone: Facsimile: Authority - Secretary: At such address as Governing Board shall designate for such purpose. SECTION 12. Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. SECTION 13. Cooperation. Whenever in this Restated Agreement any consent or approval is required the same shall not be unreasonably withheld. SECTION 14. Venue. The Parties hereto agree that this Restated Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Restated Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county. SECTION 15. Interpretation. To preserve a reasonable degree of flexibility, many parts of this Restated Agreement are stated in general terms. It is understood that there will be operating memoranda executed and amended from time to time which will further define the rights and obligations of the Parties. 25A -9 SECTION 16. Civic Center Campus. The Civic Center Campus ( "Campus ") is generally defined as those governmental buildings within the area shown on Exhibit A, and any future governmental buildings located adjacent to this area. SECTION 17. Severability. If any term, covenant, condition, or provision of this Restated Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. SECTION 18. Successors. The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the Parties hereto. SECTION 19. Authority The Parties to this Restated Agreement represent and warrant that it has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms 25A -10 IN WITNESS WHEREOF, the Parties have executed this Restated Agreement as of the day and year first hereinabove written. THE CITY OF SANTA ANA to Attest: Clerk of the Council (Seal) Mayor Approved as to Form -X1av-C. C y Sonia R. Carvalho City Attorney COUNTY OF ORANGE 0 Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. See. 25103, Reso. 79 -1535 ATTEST: Susan Novak Clerk of the Board of Supervisors Orange County, California Approved as to Form Office of the County Counsel Orange County, California Chair of the Board of Supervisors By: Deputy County Counsel 25A -11 25A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENTS FOR LAW ENFORCEMENT PSYCHOLOGICAL SERVICES {STRATEGIC PLAN NO. 1, 3A} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _0.106 D ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10/21/2014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances 1. Authorize the City Manager and Clerk of the Council to execute an agreement with The Counseling Team International for law enforcement psychological services, for a three -year period, commencing October 1, 2014, in an amount not to exceed $65,000, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Eric Gruver, Ph.D. for law enforcement psychological services, for a three -year period, commencing July 1, 2014, in an amount not to exceed $15,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department utilizes contract psychologists to provide pre - employment screenings, employee support and counseling, critical interview counseling, training and SWAT consultation. On May 8, 2014, a Request for Proposal was issued through the City's Purchasing Division and four vendors were notified. On May 27, 2014, the City received one proposal from The Counseling Team International. The Counseling Team International (TCTI) has been providing psychological services for police departments throughout Southern California for many years. TCTI will provide pre - employment screenings, employee support and counseling, critical interview counseling, training and SWAT consultation to the Santa Ana Police Department. The three -year agreement will cover the period of October 1, 2014 through September 30, 2017. The total actual payments to TCTI will be based on actual usage of the services and will not exceed $65,000 for the three -year agreement term. TCTI does not provide court testimony or fitness for duty evaluations. Dr. Gruver will provide court testimony and fitness for duty evaluations. Dr. Gruver has provided psychological services to the Santa Ana Police Department for several years. The three -year agreement with Dr. Gruver will cover the period of July 1, 2014 through June 30, 2017. The total actual payments to Dr. Gruver will be based on actual usage of the services and will not exceed $15,000 for the three -year agreement term. 25B -1 Agreements for Law Enforcement Psychological Services October 7, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively). FISCAL IMPACT Funds are available in the Police Department's Human Resources contract services account (no. 01114402 - 62300). W4 �k Nzia, APPROVED AS TO FUNDS AND ACCOUNTS: Y� a � l Carlos Ro Francisco Gutierrez Chief of Police Executive Director Santa Ana Police Department Finance & Mgt. Services Agencik 25B -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of October, 2014 by and between The Counseling Team International, (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 providing psychological evaluations. 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 perform those psychological evaluation services as set forth in Exhibit A to this Agreement including pre - employment screening. 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 sun to be expended under this Agreement shall not exceed $65,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2017, unless terminated earlier in accordance with Section 12, below. 25B -3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Based on the nature of services provided commercial general liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25B -4 e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 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. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written infonmation, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. Consultant agrees to comply with all applicable laws regarding the confidentiality of medical and psychological records including but not limited to HIPPA. 25B -5 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.Q. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: and City of Santa Ana Police Department Attention: Chief of Police 60 Civic Center Plaza (M -97) P.O. Box 1981 Santa Ana, California 92702 Facsimile (714) 245 -8090 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: Nancy K, Bohl Incorporated dba The Counseling Team International 1881 Business Center Drive, Suite I 1 San Bernardino, CA 92408 Facsimile (909) 384 -0734 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 r prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 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 is 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 with thirty (30) days written notice to consultant. The City will pay all reasonable services incurred pursuant to the Agreement up to the date of termination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. E 25B -7 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, continuing education, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other goverrunental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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 r CITY OF SANTA ANA DAVID CAVAZOS City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOS ROJAS Chief of Police CONSULTANT NANCY K. BOHL- PENROD, Ph.D. Tax ID# 25B -9 EXHIBIT A SCOPE OF SERVICES Complete Pre - employment Psychological Evaluation Consultant agrees to perform a complete pre - employment psychological evaluation for City's Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer's Standards and Training (P.O.S.T.) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by City's Police Department and agreed to by Consultant. a. For the purpose of this Agreement, a complete pre - employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendations for employment. b. Consultant agrees to provide City's Police Department with verbal recommendation of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview. c. Consultant agrees to provide City's Police Department with a written report of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate's clinical interview. d. Consultant agrees to complete required continuing professional education (CPE) requirement of six (6) hours by August 30, 2014 and complete twelve (12) hours of POST approved CPE every two years beginning September 1, 2014 based on TCTI's biennial license renewal cycle. Complete Post - Traumatic Psychological Incident Evaluation Consultant agrees to give City's Police Department Employees involved in violent incidents, such as a life- threatening situation and /or serious injury or death to any person, complete post - traumatic psychological evaluation. a. A complete post- traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post - traumatic counseling. b. Initial psychological service contact with involved officer(s) shall be made immediately if possible, but no later than forty -eight (48) hours following the incident. C. A minimum of three (3) follow -up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow -up sessions shall, whenever possible 25B -10 and practical, be scheduled by Consultant at Consultant's Orange County office locations, unless otherwise agreed by involved officer(s). d, If Consultant deems immediate follow -up counseling sessions are not indicated, Consultant shall schedule one (1) follow -up session within a period of not less that fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Such sessions shall, whenever possible and practical, be scheduled at Consultant's Orange County office locations unless otherwise agreed by involved officer(s). Following such sessions Consultant shall provide City's Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty -eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City's Police Department upon completion of such follow -up counseling session(s). e. Consultant shall provide City's Police Department with a verbal recommendation for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty -eight (48) hours following the incident. f Consultant shall provide City's Police Department with a written psychological assessment of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow -up treatment within five (5) days following the post- traumatic counseling session. g. At the direction and with the consent of City's Police Department, Consultant shall provide similar post traumatic incident counseling services to immediate family members of involved officer(s) adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City's Police Department is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes in doubt. Crisis Interview Counseling Consultant agrees to conduct crisis intervention counseling with authorization and approval of City's Police Department when a Department employee(s) is believed to be gravely disabled as a result of psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of an employee's classification. a. Consultant agrees to obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling of City's Police Department employee(s). Should intervention be requested by employee and not Department, Vol 25B -11 Consultant agrees to obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling. SWAT Consultation Consultant agrees to be on -call and to respond to SWAT call -outs as requested. a. Consultant will provide consulting with the SWAT commander regarding psychological profiles and recommended approach to specific suspects. b. Consultant will assist in interpreting intelligence data in reference to SWAT call -out and /or suspect. COMPENSATION In consideration for Consultant services, City shall pay Consultant an hourly rate as follows: I. For complete pre - employment psychological evaluation, City agrees to pay Consultant three hundred dollars ($300.00) per applicant. 2. For complete post - traumatic psychological incident review, and crisis intervention, City agrees to pay Consultant the hourly rate of one hundred seventy -five dollars ($175.00). 3. Initial consultation for post- trauma incidents will be billed at a rate of ninety -five dollars ($95.00) per hour. 4. For SWAT consultation and training, City agrees to pay Consultant the hourly rate of one hundred seventy -fifty dollars ($175.00). The total sum to be expended pursuant to this Agreement shall not exceed sixty -five thousand dollars ($65,000.00) during the term of this Agreement. 10 25B -12 25B -13 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of October, 2014 by and between Eric Gruver, Ph.D., (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 providing psychological evaluations. 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 psychologist. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform psychological fit for duty analysis, court testimony, and limited pre- employment screening as those services are set forth in Exhibit A to this Agreement. 2. COMPENSATION a, City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $15,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence July 1, 2014 and terminate on September 30, 2017, unless terminated earlier in accordance with Section 12, below. . 25B -14 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 mamrer 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. S. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Based on the nature of services provided commercial general liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25B -15 e, If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability 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. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. Consultant agrees to comply with all applicable laws regarding the confidentiality of medical and psychological records including but not limited to HIPPA. 25B -16 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the mammer 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 Facsimile (714) 647 -6956 With courtesy copies to: and City of Santa Ana Police Department Attention: Chief of Police 60 Civic Center Plaza (M -97) P.Q. Box 1981 Santa Ana, California 92702 Facsimile (714) 245 -8090 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: Eric Gruver, Ph. D. 2021 E. 4"' Street, Suite 116 Santa Ana, CA 92705 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be 25B -17 effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachraents 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 is 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. City shall pay all reasonable expenses provided for under the contract incurred up to the date of termination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 5 25B -18 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, continuing education, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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 CITY OF SANTA ANA DAVID CAVAZOS City Manager 25B -19 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney n By: *"'VIu Laura Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT CARLOSROJAS Chief of Police ERIC GRUVER, Ph.D. Tax ID# 25B -20 EXHIBIT A SCOPE OF SERVICES Review of Fitness for Duty Consultant agrees to review background investigations, clinical interviews, administrative reports and /or other relevant documents to determine an employee's psychological fitness for duty, when so directed by City. a. For the purpose of this Agreement, a fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests and preparation of verbal and written recommendation for employment. b. Consultant agrees to outline all psychological concerns resulting from that review and submit to City's Police Department a recommendation concerning further testing and /or evaluation which may be deemed appropriate. C. Consultant agrees to provide City's Police Department with verbal notification as to the above within forty -eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question. Court Testimony Consultant agrees to provide testimony in court when so directed by the City. Consultant is to exercise his own independent judgment, professional training and expertise in evaluating matters and in testifying in Court. City does not direct the content of Consultant's expert medical opinions. Complete Pre - employment Psychological Evaluation Consultant agrees to perform a complete pre - employment psychological evaluation for City's Police Department applicants for the period July 1, 2014 through December 31, 2014. Said psychological evaluation shall comply with the California Peace Officer's Standards and Training (P.O.S.T.) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by City's Police Department and agreed to by Consultant. 25B -21 a. For the purpose of this Agreement, a complete pre - employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendations for employment. b. Consultant agrees to provide City's Police Department with verbal recommendation of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview. c. Consultant agrees to provide City's Police Department with a written report of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate's clinical interview. COMPENSATION In consideration for Consultant services, City shall pay Consultant an hourly rate as follows, For complete fitness for duty review City agrees to pay Consultant the hourly rate of one hundred seventy -five dollars ($175.00). 2. For testimony in court and court preparation, City agrees to pay Consultant the hourly rate of two hundred dollars ($200.00). For complete pre- employment psychological evaluation, City agrees to pay Consultant four hundred twenty -five dollars ($425.00). The total sum to be expended pursuant to this Agreement shall not exceed Fifteen Thousand Dollars ($15,000.00) during the term of this Agreement. 25B -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENT WITH LINEAR SYSTEMS FOR ANNUAL MAINTENANCE AND SUPPORT OF POLICE DIGITAL IMAGING SYSTEM {STRATEGIC PLAN NO. 1, 3A} CITY MANA R 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 10/21/2014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Linear Systems for maintenance and support of the Digital Imaging Management System (DIMS), in an amount not to exceed $90,000, terminating June 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department's Digital Imaging Management System (DIMS) was purchased in 2004 using Urban Area Security Initiative (UASI) funds and allows crime scene images to be captured and stored digitally. It currently houses nearly six - hundred thousand crime scene photographs and countless hours of crime scene video and audio footage. This system is a compulsory investigative tool that assists in the successful documentation of extensive crime scenes. The DIMS system used by the Police Department was developed by Linear, thereby making Linear a proprietary source for system maintenance and updates. The DIMS system is of paramount importance to criminal investigations and its maintenance, continued security, and storage redundancy is essential for the Forensic Services section. The current vendor, Linear Systems, has been accommodating, professional and consistent in it's servicing of the system and staff recommends renewal of their agreement. The base agreement will be for a three -year term in the amount of $80,000. An additional $10,000 contingency has been added for unanticipated system modifications, for a total not to exceed amount of $90,000. The three -year term will cover the period of July 1, 2014 through June 30, 2017. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, Promote fiscal accountability to ensure financial responsibility at all levels of the organization, Strategy 3a, Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively. 25C -1 Agreement with Linear Systems October 7, 2014 Page 2 FISCAL IMPACT Funds are available in the Police Department's Forensic Services contract services account (no. 01114455 62300). APPROVED AS TO FUNDS AND ACCOUNTS: �Az R ile a Carlos Rojas Francisco Gutierrez Chief of Police Executive Director Santa Ana Police Department Finance & Mgt. Services Agency 25C -2 MAINTENANCE AND SUPPORT AGREEMENT THIS MAINTENANCE AND SUPPORT AGREEMENT, made and entered into this 7th day of October, 2014 by and between Linear Systems (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of providing maintenance to and support as necessary for the Police Department's digital imaging management system (DIMS) which maintains all photograph, video and audio evidence for the Police Department. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor has provided maintenance and support for the DIMS system since it was originally purchased in 2004, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide maintenance and support as needed to the DIMS system as outlined in the attached Exhibit "A ". This shall include a one year warranty for enhanced digital acquisition station, image server, forensic services field personnel kits, and two forensic services lab kits. It shall also include on -site maintenance and support for the data base case management rack server, PDD library and digital output devices. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $40,000.00 over the term of this Agreement. This includes a $10,000 contingency for unanticipated system modifications. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 25C -3 TERM This tern of this Agreement shall be for a three year (3) year period commencing on July 1, 2014 and terminating on June 30, 2017, unless terminated earlier in accordance with Section 12 of this Agreement. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25C -4 c. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement, (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 25C -5 CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not acquire any interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. No persons having such interest shall be employed by or associated with Contractor. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax (714) 647 -6956 With courtesy copies to: Chief of Police, Santa Ana Police Department City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 245 -8007 25C -6 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: Linear Systems 8403 Maple Place Rancho Cucamonga, California 91730 Fax (909) 899 -4346 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, any communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 25C -7 12. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Police Chief 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 Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 25C -8 indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b, All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR LINEAR SYSTEMS WE 25C -9 Tax. ID # (Title) EXHIBIT A 25C -10 LINEAR SYSTEMS 8403 Maple Place Rancho Cucamonga CA. 91730 90M99 -4343 909. 899.4348 FAX BILL TO City of Santa Ana Purchasing Division M. 16 20 Civic Center Plaza Rm 429 Santa Ana, CA 92701 Sharon Licit (714)6475467 SHIP TO Santa Ann PD Photo Lab 60 Civic Center Plaza Santa Ana, CA. 92702 Min: Heather Heider Account # SAN8471 INVOICE DATE INVOICE # 6/1/2014 20149914 P.O. # TERMS REP SHIP VIA FOB SHIP DA... DUE DATE INVOICED ANNUAL Net 30 JH N/A Source 7/1/2014 7/112014 0610112014 ITEM DESCRIPTION QTY. B/0 LIST $ I UNIT $ TOTAL LSHG0DSD Linear I Year Depot Warranty for Enhanced Digital Acquisition Station 3 2,750,00 8,250,00 LSI1001SO Linear I Year On -Site Warranty for ImageServer 3 8,750,00 26250.00 LSH000SIT Linear I year on -sito maintenance & support COT Database Case Management 3 3,500.00 10,500.00 Rack Server 1,9II000SIT Linear I year software maintenance & support 3 8,750.00 26,250.00 LS[IOOOSWAE Linear ]year additional warranty Forensic Services Field Personnel Kits 3 2,985.75 8,957.25 1,811000SWAE Linear I year additional warranty Forensic Services Lab Kit Canon 3 975,00 2,925.00 LSIl000SWAE Linear I year additional warranty Forensic Services Lab Kit XL -2 3 215.00 645.00 LSII00OSWAE Linear l year on -site maintenance & support for Digital Output Devices 3 5,400.00 16,200.00 DISCOUNT Preferred Customer +Multi -Year Discount - 19,977.25 - 19,977.25 * *Warranty to Cover Period From: 7/1/2014 through 6130/2017 ** Thank you for your business. Sales Tax (8.0 %) Total $80,000000 00 Balance Due $80,000.0. 0' 20°/ restocking fee on all returned merchandise. 50% restocking fee on special orders or on product returned without all original packing materials. No returns on soRwure. All products will be considered shipped complete and undamaged unless Linear is notified otherwise within 48 hours. No returns without a RMA k issued by Linear. All products Carry manufacturers warranty only unless specified in writing. All additional service contracts (Preferred Customer Program) must be listed on invoice. Signature an invoice or acceptance of shipment acknowledges receipt of order. Customers with past due invoices will not be shipped any new orders or RNIAS, Past due invoices from the date of invoice will be charged 25% interest per day as per Department of General Services Prompt Payment Act. Linear Systems is a CERTIFIED SMALL BUSINESS with the Department of0eneml Services REF 90020657. This requires all customers and agencies to be in compliance with prompt payment terms. 25C -11 25C -12 CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT WITH ESRI TO ❑ As Recommended PROVIDE MAPPING SERVICES TO 1771 Amended El O Or rdinance on 1s' Reading THE POLICE DEPARTMENT ❑ Ordinance on 2nd Reading {STRATEGIC PLAN NO. 1, 3A} ❑ implementing Resolution ❑ Set Public Hearing For CITY MA A'ER IN CONTINUED TO 10121/2014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances Authorize the City Manager and Clerk of the Council to execute an agreement with Environmental Systems Research Institute, Inc. (ESRI) for a one-year period, commencing April 1, 2014, in an amount not to exceed $7,844, to provide mapping services for the Police Department, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department entered into an agreement with Environmental Systems Research Institute, Inc. (ESRI) in 2009. ESRI is the industry leader in providing geographic information systems (GIS). GIS allows Police Department staff to visualize, analyze, and interpret data to understand relationships, patterns, and trends. It helps staff to be more efficient, make better decisions, and keep better records by tying our information to a geographic base. The Santa Ana Police Department uses ESRI's software for dispatching field units, analyzing crime patterns, preparing statistical reports, and sharing crime information with the community. ESRI has been professional and consistent in its servicing of the system and staff recommends renewal of their agreement. The agreement will be for a one -year term not to exceed an amount of $7,844. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, Promote fiscal accountability to ensure financial responsibility at all levels of the organization, Strategy 3a, Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively. 25D -1 Agreement with ESRI October 7, 2014 Page 2 FISCAL IMPACT Funds for this agreement are available in Police Department's Information Services Division - contract services account (no. 01114425 62300). Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Mgt. Svcs. Agency 25D -2 FOURTH AMENDMENT TO CONSULTANT AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT is entered into on July _, 2014, by and between Environmental Systems Research Institute, Inc. ( "ESRI "), a California corporation, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City" or "Licensee "). RECITALS: A. City and Consultant entered into Master License Agreement #N- 2009 -127 (also known as ESRI Contract # 2009MLA4911), dated July 24, 2009, (hereinafter "Agreement ") by which Consultant provided software licenses and maintenance for geographic information system applications called ArcView, which is now known as ArcGIS. This was a sole source contract because ESRI is the company with proprietary control of ArcGIS software licenses and the ability to maintain the software, B. City and Consultant entered into First Amendment to Agreement #N- 2009 -127 -001, dated June 1, 2011, to extend the term of said Agreement and increase compensation to pay for services provided during the extended term. C. City and Consultant entered into Second Amendment to Agreement 4N -2009- 127 -002, dated April 1, 2012, to extend the term of said Agreement and increase compensation to pay for services provided during the extended term. D. City and Consultant entered into Third Amendment to Agreement #N- 2009 - 127 -003, dated May of 2013, to extend the term of said Agreement and increase compensation to pay for services provided during the extended term E. In accordance with the terns and conditions of said Agreement, the parties desire to extend maintenance for ArcGIS for an additional one -year period and increase compensation to pay for services provided during the extended term. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. TERM. This Fourth Amendment extends the term of maintenance for an additional one -year period from April 1, 2014, through March 31, 2015, as set forth in Exhibit A (Consultant's Maintenance Quotation #25613038), attached hereto and incorporated by reference. 2. COMPENSATION. Compensation shall be amended to increase compensation by an amount not to exceed $7,844.00, plus any applicable tax, to pay for the maintenance as set forth in Exhibit A to this Fourth Amendment and shall include for continuity of service, all services provided since April 1, 2014. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. ur //I 25D -3 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST: MARIA D. ITWZAR Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO CITY OF SANTA ANA DAVID CAVAZOS City Manager ENVIRONMENTAL SYSTEMS RESEARCH INS IFUT, INC. (ESRI) i By: L Name: Chris John_o_,.,,_._,,,,__� Title: jvna nomP4etc once 25D -4 r 9 25D -5 ��v r Earl Inc 389 Now York Street Redlands CA 92373 SUBJECT: MAINTENANCE QUOTE DATE: 12/31/2013 TO: Pete Semelsberger ORGANIZATION: City of Santa Ana Police Dept FAX #: 714- 245 -8090 PHONE #: 714- 245 -6051 FROM: Michelle Burkholder FAX #: 909 - 7934801 PHONE #: 909- 793 -2853 Ext. 2816 EMAIL: mburkholder @esri.com Number of pages transmitted (including this cover sheet): 3 QUOTATION #25613038 DOCUMENT DATE: 12/31/2013 Please find the attached quotation for your forthcoming software maintenance term. Keeping your maintenance current entitles you to exclusive benefits, and if you choose to discontinue your coverage, you will become ineligible for these valuable benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date. For details regarding the maintenance program benefits for your licensing, please visit http:// www .esri.com /maintenancebenefits. Customers who have multiple copies of some Esri products may have the option of supporting some of their licenses with secondary maintenance. Please contact Customer Service to find out more about the availability of secondary maintenance. For information about Esri Desktop, Developer software, or Web services terms of use, as well as purchase order terms and conditions, please visit http : / /www.esd.com /legal/licensing /software- iicense.html. Do you need training? You can get affordable Esri software training for your entire organization with a subscription to Esri Virtual Campus. To find out how, visit the campus: http: // training .esri.com /gateway /index.cfm For details about ECP discounts and waivers for non -profit users please visit http: / /www.conservationgis.org /grant If you have any questions or need additional information, please contact Customer Service at 888 - 377 -4575 Option 5. 2501-6 Y Redlands, esi■ � ® New York Street Redlende, CA 92373 Quotation Phone: 909.793- 28532818 Fax #:909- 793 -4801 Date: 12/3112013 Quotation Number: 25613038 Send Purchase Orders To: Earl, Inc. 380 New York Street Redlands, CA 92373 -8100 Attn: Michelle Burkholder City of Santa Ana Please Include the following remittance address Police Dept on your Purchase Order: Planning & Research Div Esri, Inc. 60 Civic Center Plz File #54630 Santa Ana CA 92 702 Los Angeles, CA 90074 -4630 Attn: Pete Semelsberger Customer Number: 156392 For questions regarding this document, please contact Customer Service at 888377.4575. Item Qty Material# Unit Price Extended Price 10 1 93094 1,000.00 1,000.00 ArcGIS for Desktop Basic (formerly AreMew) with Extensions Single Use Primary Maintenance Start Date: 04/01/2014 End Date: 03/3112015 1010 3 87193 300.00 900.00 ArcGIS for Desktop Basic (formerly ArCVIew) Single Use Secondary Maintenance Start Date: 04/01/2014 End Date: 03/31/2015 2010 6 93095 900.00 5,400.00 ArcGIS for Desktop Basic (formerly ArcView) with Extensions Single Use Secondary Maintenance Start Date: 04/01/2014 End Date: 03/3112015 Subtotal 7,300.00 Estimated Taxes 544.00 Total $ 7,844.00 DUNSICEC: 06. 313.4175 CAGE: DAMS3 This quotation Is valid for 90 days and Is subject to your Esri License Agreement, The quotation Information is proprietary and may not be copled or released other than for the express purpose of system selection and pumhasedicense. This Information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and /or use tax has been calculated as of the data or this quotation and Is merely provided as a convenience for your organlza8on's budgetary purposes. Earl reserves the right to adjust and rollout sales and /or use tax at the actual date of invoicing. If your organization Is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esd may charge a toe to cover expenses related to any customer requirement to use a third party vendor management, procurement, or invoice program. Issued By: Michelle Burkholder Ext: 2816 IMATCHOOMI To expedite your order, please reference your customer number and this quotation number on your purchase order. 25D -7 380 New Yorl<Street /� ® Redlands, CA 92373 Quotation 0 si n Phone: 909 -793- 28532818 Page 2 Fax #: 909. 793 -4801 Date: 12/31/2013 Quotation No: 25613038 Customer No: 156392 Item Qty Material# Unit Price Extended Price IF YOU WOULD LIXE TO RECEIVE AN INVOICE FOR THIS NAINTZNANCE QUOTE YOU MAY DO ONE OF Tax FOLLOWING, • RESPOND TO THIS EMAIL WITH YOUR AUTHORIZATION TO INVOICE • SIGN BELOW AND FAX TO 909- 307 -3083 • FAX YOUR PURCHASE ORDER TO 909 -307 -3003 REQUESTS VIA EMAIL OR SIGNED QUOTZ INDICATE THAT YOU ARE AUTHORIZED TO 08LICATS FUNDS FOR YOUR ORGANIZATION AND THAT YOUR ORGANIZATION DOES NOT REQUIRE A PURCHASE ORDER, If there are any ohanges required to your quotation, pleasa respond to this email and indicate any changes in your invoice authorisation. If you choose to discontinue your support, you Will become ineligible for support benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date. This transaction is governed exclusively by the terms Of the above - referenced contract, if any, or Hari•s standard terms and conditions at www.cari.com /legal. In order to expedite processing, please reference the quotation number and any /all applicable sari contract number(a) (e.g. NPA, ELA, SmartBuy, GSA, BPA) on your ordering document. By signing below, you are authorizing Esri to issue a software support iavoine in the smaunt of $ plus sales tax, if applicable. Please check one of the following: _ I agree to pay any applicable sales tax. _ I am tax exempt. Please contact me if Bari does not have my current exempt information on file. Please indicate on your purchase order if this purchase is funded through the American Recovery and Reinvestment Act, and whether sari is a Prime Recipient, Sub - recipient, or Vendor for reporting purposes. Signature of Authorized Representative Date Name (Please Print) Title (CSSAiCHOOMI 25D -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENT WITH ENVIRONMENTAL ENGINEERING & CONTRACTING, INC., FOR FATS, OILS, AND GREASE CONTROL MANAGEMENT PROGRAM (Strategic Plan No, 6, 1, C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10/21/2014 Meeting not convened on 10/712014 FILE NUMBER due to unforeseen circumstances Authorize the City Manager and Clerk of the Council to execute an agreement Engineering & Contracting Inc., subject to nonsubstantive changes approved b y and City Attorney to provide fats, oils, and grease control program management year period expiring October 31, 2015, in an amount not to exceed $300,000. DISCUSSION with Environmental the City Manager services for a one- In October 2004, the City adopted an ordinance amending Chapter 39 of the Santa Ana Municipal Code to control the discharge of fats, oils, and grease (FOG) from food service establishments (FSE's) into the City's sewer collection system. In January 2005, the City began a comprehensive FOG Control Management Program that includes regular inspection of all FSE's to ensure compliance with the City's ordinance. The FOG ordinance and program are required by the California State Water Quality Control Board. Although staff performs project management oversight and compliance enforcement, the majority of the work involved in the FOG control program, including field work and inspections, has been performed under contract by consultants. The proposed agreement provides for continued inspection of all FSE's on a regular basis, as well as planning, review, and evaluation of the FOG Control Management Program, as needed. The agreement also provides for staff training, data gathering, database management, mapping, technical support, coordination with other agencies, and serving as the City's liaison for FOG - related issues. On July 11, 2014, the City issued a request for proposals (RFP) for FOG control program management services (Exhibit 1). The City received two proposals, which were evaluated by a selection committee for content and responsiveness to the RFP. The final scoring for the firms is as follows: 25E -1 Agreement with Environmental Engineering & Contracting, Inc. for FOG Control Management Program October 7, 2014 Page 2 Company Name Rating Environmental Engineering & Contracting Inc. 94.7 Orange County Pumping Inc. Non- Responsive /Disqualified Staff recommends awarding a contract to Environmental Engineering & Contracting, Inc. The contractor has a proven track record with other municipalities, and has the resources and technical experience to provide FOG Control Management Program services. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Sanitary Sewer Service account (No. 05617640 62300). l7N011,`i:UZKK0111103 FYe Mousavi our, P.E. Francisco Gutierrez nQ Exe utive Director Executive Director 1'9 Public Works Agency Finance & Management Services Agency EG /NS /AF Exhibits: 1. Request for Proposal 2. Agreement 25E -2 AGREEMENT FOR FATS, OILS, AND GREASE (FOG) CONTROL MANAGEMENT PROGRAM THIS AGREEMENT, made and entered into this — day of October, 2014 by and between Environmental Engineering & Contracting Incorporated, a California corporation, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter <,City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Fats, Oils and Grease (FOG) Program Management. EEC is prepared to assist the City with the multifaceted tasks and services associated with its existing FOG control program, These services include, but are not limited to, providing oversight and administration of a comprehensive FOG program, which includes food service establishment (FSE) inspections, assisting with enforcement of the City's FOG control ordinance (NS- 26 -70), public education and outreach, geographic information systems (GIS) support, computer maintenance management systems (CMMS) support, and training. B. Consultant represents that it 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 firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Consultant's Proposal, attached hereto as Exhibit A. Specifically those services as identified at pages 8-15 of said Proposal which is incorporated herein by reference. 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 B. The annual not -to- exceed cost estimate for the requested services is $300.000.00, during the tern of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not EXHIBIT 2 25E -3 be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 31, 2015, or until funds are exhausted or unless earlier terminated as provided herein. A. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors; if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising fi-om bodily and personal injury, including death resulting therefrom. and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage; in the total amount of $I,000,000 per occurrence and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured provisions. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 25E -4 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. b. 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 death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided pursuant to this Agreement. Consultant's liability for claims arising in relation to monitoring services provided pursuant to this Agreement, whether in contract, tort or otherwise, shall not exceed the amount of fees paid by City to Consultant under this Agreement during the twelve months preceding the claim. In no event shall Consultant be liable for any loss of business profits, consequential or indirect damages arising from the negligence of Consultant in providing monitoring services pursuant to this Agreement. This limitation does not apply to liability arising from the installation or maintenance of the equipment provided pursuant to this Agreement. 25E -5 CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement, S. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Public Works Agency— Water Resources City of Santa Ana 220 South Daisy (M -85) Santa Ana, California 92703 Fax 714- 647 -3345 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 Consultant: Environmental Engineering & Contracting, Inc. Mr. Jim Kolk 501 Parlccenter Drive Santa Ana, California 92705 Fax (714) 667 -2310 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 4 25E -6 of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 4. 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 is not embodied herein. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 11. TERMINATION This Agreement may be terminated by City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination. However, payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement 25E -7 shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 14. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 15. MISCELLANEOUS PROVISIONS 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 inderrmify 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. 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 R. CARVALHO C4hiessistant e B J val C City Attorney v 25E -8 RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency ENVIRONMENTAL ENGINEERING & CONTRACTING, INC. JOHN SHAFFER President 25E -9 EXHIBIT A SCOPE OF SERVICES 25E -10 25E -12 s,. q4 Y July 31, 2014 lENA"l1TC>1YMlEN1r^L ENGINEERING & CONTRACTING, INC, 501 Parkcantar Drive, Santa Ana, OA 92705 Phone (714) 667 -2300 . Fax (714) 667 -2310 www.eecworld.com Mr. Armando Fernandez City of Santa Ana Public Works Agency 220 S. Daisy Avenue, Building A Santa Ana, California 92703 Subject: Proposal to Provide FOG Control Program Management (Bid #14 -045) Dear Mr. Fernandez: Environmental Engineering & Contracting, Inc (EEC) is pleased to present this proposal to provide assistance to the City of Santa Ana (City) in managing its Fats, Oils, and Grease (FOG) Control Program. EEC understands that the City is looking for a program management contractor with the necessary FOG expertise and experience to properly represent the City while implementing this important task. As described in the enclosed proposal, EEC is uniquely qualified due to its successful management of the City's FOG Control Program on a contract basis for the past 10 years, and its experience in the design, implementation, and /or management of FOG control programs for 14 other agencies in California. EEC has thoroughly reviewed the request for proposal and scope of work. EEC's previous and unique experience with FOG control programs throughout the U.S. and specifically with the City of Santa Ana will ensure that there will be no learning curve associated with this project. EEC's expertise and reputation is perfectly suited to help the City continue its successful FOG Control Program. Thank you for the opportunity to respond to the City's request for proposal. I look forward to an opportunity to discuss EEC's proposal. Respectfully, Environmental Engineering & Contracting, Inc. [Wet Signature Here] John Shaffer President Enclosure: EEC Proposal to Provide FOG Control Program Management Mid - Atlantic Once: 200 Harry S. Truman Parkway, Suite 330 • Annapolis, MD 21401 • Phone (410) 263 -2234 * Fax (410) 266 -8660 Northern California Office: 2100 Embarcadero, Suite 25S913 A 94606 • Phone (510) 225 -9262 • Fax (510) 867 -2053 25E -14 Table of Contents 1.0 FIRM EXPERIENCE .............................................................................................. ..............................1 1.1 Introduction ......................................................................................... ............................... 1 1.1.1 Company Details ...................................................................... ..............................1 1.1.2 Background .............................................................................. ..............................1 1.2 Related Experience ............................................................................... ..............................3 1.2.1 City of Santa Ana: FOG Program Management and Inspection Services .............. 3 1.2.2 Costa Mesa Sanitary District: FOG Program Management and Inspection Services................................................................................... ............................... 4 1.23 Irvine Ranch Water District: FOG Program Management and Inspection Services................................................................................... ............................... 4 1.2.4 City of Anaheim: FOG Program Management and Inspection Services ................ 5 1.2.5 Orange County Sanitation District: FOG Program Inspection Services ..................5 2.0 PERSONNEL EXPERIENCE ................................................................................... ..............................6 2.1 Project Staffing ...................................................................................... ..............................6 2.2 Subconsultants ...................................................................................... ..............................8 2.3 Project Management ............................................................................ ..............................8 3.0 SCOPE ................................................................................................................. ..............................8 A. Project Management ............................................................................ ..............................8 A.1 Value -Added Program Management Services ......................... ..............................9 B. FSE Inspections and Enforcement ......................................................... ..............................9 B.1 Value -Added FSE Inspection Services ................................... ............................... 11 C. Mapping ............................................................................................... .............................11 A.1 Value -Added Mapping Services .............................................. .............................12 D. Computerized Maintenance Management System Support ............. ............................... 12 D.1 Value -Added CMMS Services ................................................ ............................... 13 E. Waste Discharge Requirement and Sewer System Management Plan ............................13 E.1 Value -Added WDR /SSMP Services .......................................... .............................13 F. Presentation (Sample Inspection) ...................................................... ............................... 14 G. Training and Support ........................................................................... .............................14 H. Summary of Deliverables ................................................................... ............................... 14 I. Estimated Hours / Project Schedule .................................................... .............................15 Tables Table 1 Summary of Key Staff Qualifications .................................................... ..............................7 Appendices Appendix Resumes Appendix B Exhibits *Note: Fee proposal is provided in a separate, sealed envelope with this package. EEC Proposal to Provide FOG Program Services 25E -15 July 31, 2014 Section 1.0 - Firm Experience 1111FINUIT Environmental Engineering & Contracting, Inc. (EEC) is pleased to submit this proposal to provide continued fats, oils, and grease (FOG) program management services to the City of Santa Ana (City). Based on our extensive experience and successes in the development, implementation, and management of FOG programs throughout the country, including the City, EEC is poised and prepared to assist the City with the multifaceted tasks and services associated with its existing FOG control program. These services include, but are not limited to, providing oversight and administration of a comprehensive FOG program, which includes food service establishment (FSE) inspections, assisting with enforcement of the City's FOG control ordinance (NS- 26 -70), public education and outreach, geographic information systems (GIS) support, computer maintenance management systems (CMMS) support, and training. This proposal was prepared in accordance with the requirements outlined in Bid #14 -045. 1.1.1 CompanyDetafls Number of Employees: 40 Years in Business: 19 Corporate headquarters: 501 Parkcenter Drive Santa Ana, California 92705 Phone Number: (714) 667 -2300 Fax Number: (714) 667 -2310 W e bs ite: www.eecworld.com Certifications /Licenses: Class A General Engineering Contractor License Hazardous Substances Removal Certification Small Business Enterprise (California Department of General Services) Small business as prescribed by the Federal Acquisition Regulations Tax Identification Number: 33- 0665828 City Business License #: 189071 Primary Project Contact: Mr. Jim Kolk Project Manager/ FOG Program Manager Phone: (714) 667 -2300 Fax: (714) 667-2310 E -Mail: jkolk @eecworld.com Secondary Project Contact: Mr. Ramon Gallegos GIS Supervisor Phone: (714) 667 -2300 Fax: (714) 667-2310 E -Mail: rgallegos @eecworld.com 1.1.2 Background EEC is a full- service environmental consulting firm that provides high - quality, cost - effective environmental, engineering, technology, and consulting services to public and private entities throughout the United States. EEC was founded in 1995 to fulfill a need for technical excellence and personal service in environmental consulting. EEC comprises a team of experts in engineering, EEC Proposal to Provide FOG Program Services 1 July 31, 2014 25E -16 environmental compliance, environmental science technology and data management systems, chemistry, toxicology, hydrogeology, geology, and industrial hygiene. The environmental division routinely performs Phase 1 /11 Environmental Site Assessments, soil and groundwater investigations, air monitoring, and asbestos and lead testing. The division also prepares and implements site assessment work plans, preliminary endangerment assessments, remedial action plans, and closure reports for regulatory acceptance and approval. Finally, the division undertakes coordination and negotiation with regulatory agencies on behalf of clients throughout a project's duration. The construction division supports projects originating from the engineering and environmental departments, but also undertakes projects independently. This division removes underground and aboveground storage tanks; installs, operates, and maintains remediation systems; designs and builds electrical panels /control systems, and performs general construction services, including operation of heavy equipment. EEC Proposal to Provide FOG Program Services 2 July 31, 2014 25E -17 EEC's divisions are supported by a technology services division that facilitates efficient collection, storage, and review of large data inventories. This department uses computer -aided drafting and design (AutoCAD), GIS, and database technologies to support and manage projects across the firm's divisions. The department identifies the right technologies for the client's most critical needs and ensures that the chosen technologies will stay relevant and effective long after project completion. In addition, EEC employs an in -house editor to ensure the consistency, accuracy, and readability of the firm's documents. Finally, the administrative team supports the entire firm with project - related activities, such as accounting and invoicing. 1.2 Related Experience EEC has extensive experience in providing FOG control program services and has expertise with a broad range of complementary services that have gained EEC an excellent reputation and working relationship with federal, state, and local agencies. EEC has provided extensive FOG control and NPDES services to more than 30 cities and sewer districts in Southern California, including the following: City of Anaheim City of Santa Ana Garden Grove Sanitary District City of Fullerton City of Stanton Irvine Ranch Water District City of La Habra County of Orange Midway City Sanitary District City of Orange Costa Mesa Sanitary District Orange County Sanitation District Furthermore, EEC has developed a detailed understanding of the City of Santa Ana's FOG control program database and comprehensive FSE inspection program. Through experience gained from previous work for the City and the EEC team's unique knowledge of the City's FOG control program, EEC will continue to provide a flexible and cost - effective approach to meeting the City's project goals and needs. Following is a selection of short project descriptions that are representative of EEC's FOG inspection experience. 11A City of Santa Ana: FOG Program Management and Inspection Services EEC developed, implemented, and supported management of the City's FOG program and conducted on -site FSE inspections. EEC compiled and maintained an exhaustive list of FSEs within the City's boundaries and inspected each FSE to inventory cooking equipment, fixtures, floor sinks and drains, and grease- removal equipment (GRE), as well as evaluate compliance with FOG program regulations. EEC developed a FOG program database that stores the kitchen equipment inventory and s a created inspection frequencies based, in part, on an FSE's�� potential to release FOG Into the sewer system. EEC used the City's GIS to determine an FSE's potential to impact sewer line elevated maintenance locations (EMLs). EEC has been inspecting FSEs in Santa Ana for the past decade. Project highlights include: r • FOG program development and management support J inspector Using Mobile • Permitting inspections Device to Gather FSE Data wyacyosv ave F c • FSE kitchen BMP inspections • GRE inspections EEC Proposal to Provide FOG Program Services 3 July 31, 2014 25E -18 • FSE noncompliance notifications • Compliance inspection and follow -up efforts • Sanitary sewer overflow (SSO) response and support • Mobile FOG inspection deployment 1.2.2 Costa Mesa Sanitary District: 170G Program Management and Inspection Services EEC currently provides many of the same services the City is requesting —FOG program management and inspections, GIS support, CMMS support, and modeling services —to the Costa Mesa Sanitary District (CMSD). Some project specifics are provided below: • Enforcement project development and management • Cityworks implementation and support services • FOG program development and management • FSE database creation and management • Infiltration and inflow analysis support • GIS development and management • FSE FOG inspections and follow -up • CCTV source identification inspections • Training services • Hot -spot analysis • Hydraulic modeling 1.2.3 Irvine Ranch Water District: FOG Program Management and Inspection Services EEC conducted a FOG characterization study that included over 800 initial inspections within the Irvine Ranch Water District's (IRWD's) service area and continues to support FOG program efforts, including FSE inspection services. GRES are inspected to evaluate their size, operational status, and structural condition. FOG program information and education is also provided to FSEs in IRWD. To enhance analysis of the data collected, EEC developed a geodatabase. FSE and GRE data was further analyzed with SSOs and sewer hotspots. Inspection data was instrumental in developing IRWD's FOG program; analysis of the data provided a basis for prioritizing FSE permitting and inspections as well as optimizing IRWD resources. The project scope included the following elements: • Program creation and management • Permitting inspections • BMP and GRE inspections • Compliance inspections • Nonroutine customer support • H2S testing and monitoring • FSE plan submittal program development and management "We have been etteeJnely pCeeceed with I lC "s ezperuse, pr ofessionalr'sm, crud attention to detail concerning data management. " Soha Vuairnia, FOG Progr°cnn Manager Irvine Ranch Ualer Dis /riot EEC Proposal to Provide FOG Program Services 4 July 31, 2014 25E -19 1.24 City ofAnaheim: FOG Program Management and Inspection Services • Compliance /enforcement inspections • New FSE permitting inspections • New FSE plan review • SSO response support • FSE NPDES inspections • FSE BMP inspections • GRE inspections • GIS development SSO response support 1.2.5 Orange County Sanitation District: FOG Program Inspection Services In 2003 EEC assisted the Orange County Sanitation District (OCSD) with the development and implementation of its FOG Program. Currently EEC provides OCSD with inspection services similar to what the City's scope of work for this proposal. The project scope included the following elements: • Health and safety plan development • BMP Inspections • BMP /GRE Inspections • Inspection routing • Inspection QA /QC • Inspection management "EGG hrings unique technical expertise to our -pro,jects and provides practical solutions for our agency, our satellite agencies, and our industries. " Mahin Mlebi, Source Control Manager, Orange County Sanitation District EEC Proposal to Provide FOG Program Services 5 July 31, 2014 25E -20 Section 2.0 - Personnel Experience EEC has assembled a team of highly qualified personnel to assist the City in achieving the goals of the FOG Control Program and completing the requested scope of work. All key personnel have the necessary availability, credentials, licenses, and relevant experience required to successfully complete the proposed scope of work on schedule and within budget in accordance with the City's requirements. A summary of EEC key personnel, regulatory experience, registrations, and credentials is included in Table 1, Summary of Key Staff Qualifications. Key personnel resumes can be found in Appendix A, Resumes. 2.1 Project Staffing The proposed team brings a wealth of FOG management, development, and implementation experience that revolves around similar FOG control programs designed and implemented for OCSD, IRWD, CMSD, the Cities of Orange, Fullerton, Buena Park, Stanton, and La Habra. EEC has lValved a signif cant role in helping our ChY protect the environment and onr citizens. " .lake Wager; ChY Manager City ol'Stanton EEC Proposal to Provide FOG Program Services 6 July 31, 2014 25E -21 Table 1, Summary of Key Staff Qualifications e , e B.S. Industrial Engineering Jim Kolk PACP /NASCCO Certification, CWEA SSO:Reporting Certified, Co- Author 15 % -50% Project Manager 22 and Researcher for the Orange County FOG Control Study — Phase II, (as needed) Performed /Managed over 5,000 FOG inspections General Engineering Contractor John Shaffer Co- Author and lead researcherfor the Orange County FOG Control 5 % -10% Principal -in- Charge 27 Study— Phase I and Phase 11, WEF /EPA FOG Control Workshop (as needed) contributor & speaker, IAPMO FOG Task Group member CWEA FOG inspector trainer M.S. Civil Engineering Greg Arthur 3 0 30 years at EPA. Region 9, Clean Water Act inspector and compliance 5 % -10% Regulatory Advisor expert, NDPES compliance auditor, training and lectures for multiple (as needed): municipal and collegiate organizations Stan Steinbach, P.E. M.S. Chemical Engineering Senior Project Professional Civil Engineer 5 % -10% Manager/ FOG 29 NPDES regulatory expert, co- author and researcher for the Orange (as needed) Control Enforcement County FOG Control Study— Phase I and Phase 11, CWEA FOG inspector Support trainer Ramon Gallegos M.A., Geography: Data Management/ Environmental analysis emphasis, ESRI ArcEditor and spatial analyst, 25 % -60 ° %. GIS /.Database 13 GIS Graphical User Interface design, Access database integration, file (as needed) Design / FOG Geodatabase, AutoCAD, performed and managed over 15,000 FOG Inspector inspections B.S. Mathematics ArcGIS, AutoCAD, ESRI Geodatabase Design and Administration Steve Shaffer (ArcSDE, File, Personal) 10 % -30% Software Systems 12 SQL Server & Microsoft Access Database Design, Administration, and (as needed) Architect Automation Visual Basic Programming and Automation, Windows Administration and Automation Joseph Jenkins B.A. Business Administration Compliance OSHA 40 Hour HAZPWOPER Certification, Pipeline Assessment And 20 %50% Inspector / FOG' 8 Certification Program - (as needed) FSE inspections management and training EEC inspectors and QA /QC Inspection Supervisor :inspection procedures M.S., Geographic Information Systems, In Progress ArcGIS Extensions and Server, AutoCAD, Oracle, SQL Ariana Wilfley 6 Trimble GPS, Magellan Mobilemapper, Garmin Python, Flex, HTML, 10 % -30% Senior GIS Analyst XML (as needed) CMMS: Cityworks Server AMS Administration Training, InfraMap, Mapplet B.S. Geography Abraham Navarro Trimble GPS, Remote Sensory Training, Imagery, Photogrammetry 25 % -60% Information Systems 5 Oracle, SQL, Autodesk AutoCad, (water InfraMap,. CSAR Database (as needed) Analyst - .Management FOG Data Management Angel Bambrick Compliance inspector 40 ° % -80 °% FOG Inspector 3 Conducted over 2,000 inspections (as needed) SSO investigation and response development EEC Proposal to Provide FOG Program Services 25E -22 July 31, 2014 2.2 Subconsultants Based on current staffing capabilities, EEC does not anticipate the need to hire subconsultants or subcontractors for this project. 2.3 Project Management Jim Kolk has served as the primary project manager for the City's FOG Control Program projects for the past 7 years and will continue to serve in this role (for a minimum of 1 year). Mr. Kolk will provide overall management and leadership that will include maintaining an effective team, ensuring availability of technical staff, maintaining quality of work, and resolving project issues. While many tasks can and should be handled directly by technical staff, all project communication will be routed through Mr. Kolk to ensure continuity of project tasks and control of project resources. In the event that Mr. Kolk is unavailable, Mr. Ramon Gallegos will serve as the secondary project manager. A quality assurance / quality control (QA /QC) process will continue to be implemented throughout the project and will include periodic reviews during the planning and execution phases. The project manager will ensure that all the required elements are effectively incorporated into the project and the principal - in- charge will ensure that the project manager is routinely performing this verification. All reports and presentations are reviewed by the project manager and, where appropriate, the principal -in- charge for content and format. In addition, draft and final reports as well as presentations are edited by an in -house technical editor. For technical tasks, including intermediate calculations and determinations of key parameters, verification by technically qualified team members with no prior involvement in the particular task is conducted for accuracy and completeness. Section 3.0 - Scope A. Project Management EEC currently manages FOG programs for four Southern California agencies, utilizing complex databases and GIS tools to collect, organize, analyze, and manage FOG data. Having been closely involved in the development and implementation of key FOG program tools and processes, EEC's technical and field staff is thoroughly knowledgeable with the field data acquisition systems and work flows currently employed by the City. EEC will provide the following services under this task: • Manage the FOG geodatabase and GIS files such as map documents • Collect, organize, and manage the City's FOG Control Program data • Use InfraMap software and GIS to record inspection results and manage inspections • Review FSE inspections results for quality assurance and quality control • Develop reports to summarize inspection results and compliance efforts • Establish inspection schedules, and coordinate and assign inspection tasks to the City's code enforcement inspectors and EEC's compliance inspectors using InfraMap software • Conduct regular meetings with City staff to evaluate the FOG Control Program, provide recommendations, and prioritize project efforts EEC Proposal to Provide FOG Program Services S July 31, 2014 25E -23 • Provide monthly reports summarizing activities conducted and recommendations to the City's FOG Control Program Manager • Provide follow -up documentation assistance and expertise to the FOG Program Manager • Develop residential FOG educational /guidance materials and plan to address residential grease discharge and disposal practices • As needed, develop and coordinate evaluation of the new and emerging grease control technologies. including GRE and chemical /biological additives • Coordinate, establish work schedules, and provide educational and training information to City personnel as needed or as requested by the City • Monitor the Orange County Health Care Agency's (OCHCA's) inventory of restaurants and append any updates, changes, or additions to the City's FSE inventory • Provide the City with background and updates regarding current and emerging MS -4 requirements • Obtain data and information to keep the FSE inventory up to date • Provide the City with experienced and knowledgeable professional staff • Provide the City with inspectors equipped with proper identification including contractor badges and vehicle signage (magnets) A.1 Value -Added Program Management Services Based on its recognized FOG expertise, EEC is afforded the opportunity to work with agencies across the country, exposing the team to a variety of innovative ideas and concepts that can be shared with the City. EEC also works with some of the City's neighboring agencies and can share field intelligence regarding sewer investigations and FSE issues that might impact the City's programs. B. FSE Inspections and Enforcement EEC inspectors are fully trained on procedures for conducting FOG inspections and regulations specific to the City. EEC will monitor inspection progress using the City's InfraMap and GIS tools to ensure the FOG control program tasks are on track to meet inspection and follow -up targets. EEC routinely performs QA /QC, from the work order initiation phase to project completion, of FOG inspectors as well as the data entered into databases and submitted to the City. EEC will also work with the City's FOG Program Manager to evaluate continued implementation of FOG- risk —based inspection prioritization processed to further optimize the City's inspection resources. EEC will provide the following services under this task: • Conduct on -site physical inspections of FSEs as determined by the FOG Program Manager • Provide bilingual outreach and educational materials to FSEs • Provide the City, as needed, with educational and best management practice (BMP) information • Promote the importance of kitchen BMPs • Require inspectors to clearly identify themselves both verbally and with proper identification badges as contract inspectors of the City • Require inspectors to identify their vehicles with magnetic decals as contract vehicles of the City • Coordinate and establish work schedules EEC Proposal to Provide FOG Program services 25E -24 July 31, 2014 Specific FSE inspection categories include: 1. Permitting Inspections. EEC will conduct initial permitting inspections for new, change -of- ownership, and remodeled FSES. Through initial inspections, also referred to as FSE characterization, EEC will identify the type of food, cooking equipment, and kitchen practices that risk contributing FOG to the sewer system. Each FSE will be provided with bilingual educational materials that will help the FSE reduce the amount of FOG released into the City's sewer system. 2. Grease Removal Equipment Inspections. EEC will conduct GRE inspections for FSEs with a grease interceptor or grease trap to ensure each device is in good operating condition and confirm that appropriate maintenance practices are implemented. The inspections are comprehensive and thorough to supportt potential enforcement efforts in the future. Specifically, EEC inspectors will conduct the following: • Measure the layer of floating FOG and settable solids • Determine conformance with compliance criteria • Inspect the mechanical condition of the GRE • Review the maintenance logs and record the last pump - out date • Review GRE pumping record - keeping • Document and capture photographic evidence of all violations 3. Best Management Practice Inspections. Having conducted over 20,000 kitchen BMP inspections, EEC understands the importance of educating FSEs on proper BMPs. EEC will conduct BMP inspections to evaluate compliance with all required Kitchen BMPs, including employee education and training practices. These inspections also provide an opportunity to provide new program educational materials. Specifically, EEC inspectors will assess the following: • Removal of food grinder • Drain screens installed /maintained • Kitchen signage (BMP poster) posted • Scraping practices • Food waste disposal practices • Emergency spill response materials • Utilization of drainage additives • Segregation and proper storage of waste cooking oil • Grease collection log maintained • Employee training log maintained • Lateral cleaning and spill log maintained EEC Proposal to Provide FOG Program Services 10 July 31, 2014 25E -25 4. Compliance Inspections. ECC will conduct follow -up inspections for non - compliance issues as required by the City's FOG Control Manager. This may include issuance of notices of violation (NOVs) to FSEs that are found to be in non - compliance of the FOG control regulations. EEC will assist the City in managing enforcement actions for violations of the City's ordinance. For any FSE or critical source facility identified with deficiencies, EEC will meet with FSE managers /owners or property owners to discuss violations and enforcement and to help develop an appropriate corrective action plan to achieve and maintain compliance. Based on the results of follow -up inspections and issued notices of non - compliance, EEC will review, provide recommendations, and assist the City with any enforcement actions required as a result of violations of ordinance NS 26 -70. S. National Pollutant Discharge Elimination System. EEC will conduct inspections to follow up on NPDES violations identified by the OCHCA. OCHCA inspectors evaluate the following during inspections: • FC60 -NPDES - Improper oil/ Grease Disposal • FC61 -NPDES - Refuse Containers /Trash Bin Enclosure • FC62 -NPDES - Washing Mat /Filter /Trash Bin Parking /Street • FC63 -NPDES - Improper Methods Spill Cleanup /Hosing Area • FC64 -NPDES - Maintenance Records: Lack of/ Not Current • FC65 -NPDES - No Observations Recorded EEC recognizes the follow -up actions necessary for each observation and will confirm if an FSE has conducted /implemented the corrective actions requested by the OCHCA. II.1 Value-Added FSE Inspection Services EEC understands the City's FSE inventory database and key FSE details necessary to determine each FSE's potential to discharge FOG into the sewer system (e.g., cooking equipment). Additionally, EEC inspectors are proficient users of the City's inspection software and will not require any additional training. Inspection results collected in the field are recorded in the geodatabase and used to determine the FSE's compliance status and history. The geodatabase is managed and maintained by two applications: Esri's ArcGIS and iWater's InfraMap. Finally, EEC inspectors are extensively trained in inspection safety and have an impeccable safety track record. EEC inspectors also receive training in SSO response procedures and are readily familiar with the SSO emergency response procedures implemented by the City. EEC fully understands the City's use of GIS and other systems to manage the FOG program data and inspection tasks. EEC understands that the City is requesting mapping and GIS support services to continue extensive use of these systems. Since 2004, EEC has provided GIS support services to the City, including determining the most effective way to manage the City's FOG control program using GIS. EEC has supported the City's implementation of Esri's ArcGIS software and iWater's InfraMap to manage inspections of the more than 800 FSEs and more than 200 GREs. EEC Proposal to Provide FOG Program Services 11 July 31, 2014 25E -26 . ,. «... t .-a 4. ... ,..�.,. ... x, ........ r. ..off ..�.. _� ..a -'a -.z... ...N.x.,.......� �> ... ..: �.... >...... EEC will provide the following services under this task as needed: • Manage and maintain FSE /GRE geodatabase • Review FOG inspection results • Generate reports • Maintain FSE and GRE feature classes • Maintain map documents for InfraMap software • Provide GIS support as specified by the City • Provide as- needed on -site GIS support, including staffing • Identify and address problems or errors in the GIS The FOG program geodatabase is also used to manage issuance of NOVs and subsequent compliance inspections. Using these GIS and database resources developed in- house, EEC will continue to provide effective and efficient inspection management services for the City. EEC will also provide on -site GIS support, including geodatabase editing, feature class development, and map document development. EEC has also developed customized tools to query and review copious amounts of FSE data for analysis and reporting. For example, an inspector or manager can find an SSO or EML in the GIS and readily identify the associated FSEs. Hyperlink tools in the GIS are provided to quickly query the FSE database to return pertinent information related to FSE inspection histories, site pictures, and inspection reports. While the focus of this scope of work will be on FOG program management, EEC understands that FOG is not the only cause of SSOs and that a thorough understanding of the sewer system is critical to preventing SSOs. EEC's experience in sewer line characterization activities has provided a keen understanding of how hydraulic defects in the sewer, such as offset joints, roots, and sags, can impact the ability of a sewer to transport grease within the sewer system. Through utilization of GIS and FSE databases, EEC will provide simple and efficient solutions for organizing, managing, and coordinating all sewer line EMLs related to FSE enforcement activities. CA Value -Added Mapping Services EEC's close working relationship with iWater in developing the FOG inspection module ensured that the system upheld the City's high standards for FOG inspections. EEC understands the software and can recode or modify, troubleshoot, and correct functionality issues as needed. EEC also designed and implemented the geodatabase in which all the inspection data is stored, and can modify the geodatabase as the FOG program evolves. EEC has and can continue to provide specialized GIS and CMMS training specific to the City's GIS configuration and process workflows. Additionally, EEC can augment City staff with on -site GIS support staff as- needed. D. Computerized Management Maintenance System Support EEC is a business partner with Cityworks, Esri, and iWater and is thoroughly familiar with each product suite's capabilities, limitations, and applications. Following industry standards and keeping customization to a minimum when implementing software, EEC's approach reduces the likelihood of failure due to software updates, capability, or maintenance. EEC Proposal to Provide FOG Program Services 12 July 31, 2014 25E -27 EEC will provide the following as- needed CMMS services under this task: • Provide extensive Cityworks knowledge and familiarity with InfraMap and ArcGIS to support City needs D.1 Value -Added CMMS Services EEC implemented the Cityworks CMMS system currently in use at the City and is uniquely familiar with the workflows, hardware, software, and data that the system supports. Further, EEC has experience implementing, integrating, and supporting CMMS systems in general and Cityworks systems in particular for other governmental agencies, which currently include the City of Sacramento, CMSD, Yorba Linda Water District, among others. EEC is a Cityworks implementation business partner and has performed multiple implementations and integrations of Cityworks Server, the same software that the City currently uses to manage its workflows. EEC can leverage the experience from these other projects to help the City optimize available resources and avoid costly implementation and integration mistakes. E. Waste Discharge Requirement and Sewer Management Plan EEC staff has comprehensive experience in conducting a wide range of program audits, including sewer system management plan (SSMP) audits. This broad experience has provided EEC with a unique insight to both a regulator's view on conducting audits and a regulated entity's view on being audited. Since the issuance of Order No. 118- 2002 -0014 by the California Regional Water Quality Control Board in 2002, and subsequent issuance of the current Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems (Order No. 2006 - 0003 -DWQ) in 2006, EEC has applied its insight in developing and implementing practical and defensible programs designed to reduce SSOs. EEC will provide the following WDR and SSMP support services under this task: • Conduct 2 -year internal audit due in early 2015 • Provide continued support to the City with WDR and SSMP development and implementation E.1 Value -Added WDR /SSMP Services EEC continues to serve local governments in developing, implementing, and monitoring sensible sewer system management programs tailored to address specific local conditions and ensure compliance with applicable WDRs. EEC has extensive expertise in key SSO of Santa Ana, Stanton, La Habra, Buena Park, El Segundo, and Anaheim, as well as CMSD, with development, implementation, and /or audit of their key SSMP strategies. The EEC team has comprehensive knowledge pf the A evaluation and development of SSO ERPs. In fact, in 2013 t Q EEC assisted the City of Santa Ana with updates to its SSO SSO response training spill simulation ERP and is currently assisting the City of El Segundo with the n same. The updates are based on recent program EEC Proposal to Provide FOG Program Services 13 July 31, 2014 25E -28 enhancements, personnel and equipment changes, and recent changes to the State's WDR requirements for monitoring and reporting SSOs. EEC also provides WDR /SSMP training support, including SSO emergency response training for sewer system maintenance staff. In 2013, EEC conducted SSO emergency response training for the City of San Gabriel, which consisted of an evaluation of current practices and procedures, presentation on the recent updates to the State's monitoring and reporting requirements, and field simulations of SSOs to provide hands -on assessment of SSO volumes and an opportunity to practice SSO containment actions. F. Presentation (Sample Inspection) EEC is capable and fully prepared to perform a sample FSE inspection at the City's direction. Appropriate staff will be made available during the week of August 4 -7 for the sample inspection. During the sampling inspection, EEC will complete the following: • Perform a thorough FSE inspection, including issuance of program outreach and educational materials • Understand and evaluate BMP and GRE compliance issues • Demonstrate proficiency in InfraMAP's FOG inspection module G. Training and Support EEC will continue to provide the City with FSE inspection process training. EEC developed and currently conducts California's only Grease Interceptor Inspector Training Workshop for the California Water Environment Association (formerly conducted for CaIFOG). To date, EEC has conducted seven workshops and trained more than 400 inspectors. EEC most recently provided specialized training for City Redondo Beach and South San Luis Obispo Sanitation District inspectors and has previously provided training for several of the City of Santa Ana Code Enforcement staff. EEC will also continue to provide the City with GIS and CMMS training, which ca occur as needed or on a scheduled frequency. The training will be specific to systems and data used by the City. H. Summary of Deliverables Based on the scope of services, the following deliverables are anticipated for this project: • FOG program protocols assessment reports and recommendations (as needed) • Monthly inspection status reports summarizing inspections conducted, compliance status, and recommendations for follow -up and enforcement actions • Quarterly program review /status meetings with City staff • FOG outreach and educational materials procurement and distribution (as needed) • Updates of FSE inspections database with OCHCA NPDES inspections data (as needed) • Memoranda /reports on emerging MS4 requirements (as needed) • Updates of FSE inspection database with new FSE data from a variety of sources (as needed) • FOG program initiative recommendations /reports (as needed) • Evaluation /assessment reports for emerging GRE devices and additives (as needed) • Mapping document updates and recommendation reports (as needed) • Workflow and CMMS development recommendation reports (as needed) EEC Proposal to Provide FOG Program Services 14 July 31, 2014 25E -29 • Memoranda /reports on emerging WDR /SSMP requirements (as needed) • SSMP internal audit report and recommendations • Classroom and field training on a wide range of FOG /WDR /SSMP /GIS /CMMS topics (as needed) • Monthly Invoices including number of hours by labor category and hourly rates (as included in the fee proposal) • Updated milestone schedule based on assigned as- needed tasks I. Estimated Hours/ Project Schedule Below is a summary of projected labor hours per task based on EEC's understanding of the scope of work, experience with City protocols and information systems, and familiarity with the City's FSE community: Following is a general schedule of tasks and milestones based on the scope of work. During the project kick -off meeting, the schedule will be reviewed with City staff and revised as necessary. Additionally, the schedule will be routinely updated as needed as new tasks are identified and assigned to EEC. "EEC's expertise and responsiveness was instrumental in helping our city meet new stringent seiner regulations. " Ray Hurk. Principal Civil Engineer City of Sania Ana EEC Proposal to Provide FOG Program services 15 July 31, 2014 25E -30 �I i s � o 0 0 i a a i a �ia a I i � � a e v " m ' E t m I a n a a e (n r �5 SIB' u I. vv d8 25E -31 / .11uuaL113 9.11 RESUMES 25E -32 Jim Kolk is an industrial engineer with more than 20 years of project management experience. Jim has extensive expertise in wastewater /sewer system program support, including fats, oils, and grease (FOG) program development, industrial wastewater pretreatment program development, sanitary sewer overflow (SSO) response and data management, storm water compliance, collection system characterization, and geographic information system (GIS) / database integration. Jim routinely manages projects with complex regulatory compliance issues related to State enforcement, consent decrees, and compliance audits. He has managed multiple projects involving development and management of hundreds of permits, including thousands of facility inspections and enforcement actions. Jim has a Bachelor of Science in Industrial Engineering from San Jose State University. Experience Project Manager / Technical Lead, FOG Control Consulting, Various Municipalities I Nationwide Routinely hired by municipalities to provide expert FOG control consulting services ranging from ordinance and permit development, grease interceptor sizing and installation, sewer line characterization, inspection and enforcement procedures, and database and GIS management. Clients include Boston Water and Sewer, Seattle Public Utilities Commission, Orange County Sanitation District, Irvine Ranch Water District, and City of Santa Ana. Project Manager, Food Service Establishment Inspection Management Services, Various Municipalities Southern CA Manages food service establishment inspection programs for five cities and sewer districts in support of FOG - control programs. s Under his direction, 20,000+ inspections have been performed to date and 7,500+ notices of noncompliance or notices of violation have been issued. T Managed issuance of compliance enforcement measures and tracking of implemented corrective actions. Project Manager / Subject Matter Expert, Sanitary Sewer Overflow (SSO) Consent Decree Support, Confidential Client I CA • Managed all technical support activities related to an SSO consent decree response for a California sewering agency. • Work involved detailed assessment of SSO- related programs, recommendation of program enhancements, development and negotiation with the environmentalist group on behalf of the client for reasonable performance measures, and development and implementation of critical program upgrades. Project Manager, Pretreatment Program Development and Implementation for Various Municipalities Nationwide Pretreatment program assessment, development, and implementation of key program elements, including legal authority review /development, industrial waste survey screening and local limits development /implementation. Preparation of program manuals and procedures /guidelines for industrial user inspection, sampling, and enforcement activities. Technical Lead, Industrial Wastewater Pretreatment Audits, Multiple Clients I Nationwide Conducted multiple industrial wastewater pretreatment audits for industries involving categorical industrial user permit compliance, slug discharge control plans, discharge monitoring, enforcement response, and program reporting. Project Manager Various Commercial and Industrial Wastewater Treatment Projects, I Statewide, CA Routinely hired by commercial and industrial clients to assess, design, and develop effective, economical solutions for wastewater treatment systems. Projects include enhancements to aeration system to increase efficiency, digester systems to reduce sludge disposal costs, and lift stations and interceptors to address odors. 25E -33 John is the founder and president of EEC. John has more than 25 years' experience managing water resource projects and more than 17 years' experience representing municipalities and private industries, including forming stakeholder groups and business coalitions. John leads the EEC FOG team that is nationally recognized as a leading FOG control expert and has developed, implemented, and assessed more than 14 FOG control programs. Under his direction, the EEC FOG team has conducted FOG characterization studies for 15 cities and wastewater districts. When FOG was identified as a leading cause of sanitary sewer overflows and consequential beach closures in California, John was at the forefront of efforts to curb FOG discharges to the sewer system, serving as the program manager in the largest FOG control study in the country conducted on behalf of Orange County Sanitation District and its 26 member agencies. John holds a General Engineering Contractors License and is a member of the Water Environment Federation, California Water Environment Association, and California Association of Sewer Agencies. Experience Program Manager, Sanitary Sewer Overflow Study I National Oversaw a $250,000 national research study for Orange County Sanitation District and County of Orange on the causes and solutions to sewer system overflows (SSOs), in response to the growing problem of beach closures in Orange County, California. Evaluated the causes of grease blockages due to wastewater discharge from restaurants and residences, which create sewer line blockages resulting in SSOs, and sewage flowing to storm drains, creeks, and eventually beaches. Project Manager, 30 Industrial Storm Water Compliance Programs I Statewide Managed 30 separate industrial storm water compliance programs throughout California and oversaw the following: stormwater sampling, containment system design and installation, stormwater pollution prevention plans, stormwater monitoring and reporting program preparation, and permitting with the California Regional Water Quality Control Board. Project Manager, Sewer System Characterization I Orange County, CA Managed over $1 million of sewer system characterization projects for cities and wastewater agencies in Orange County and oversaw CCTV inspections, sewer mapping using GIS, and structural and sewer blockage source identification. Project Manager, Storm Drain Sampling & Characterization, City of Aliso Viejo I Aliso Viejo, CA Managed the sampling and characterization of storm drains in the City of Aliso Viejo. Oversaw sampling for total coliform, fecal coliform, fecal streptococcus, and E. coli bacteria. Determined sources of coliform and coliform total maximum daily load for Aliso Creek. Project Manager, California Fats, Oils and Grease (CaIFOG) WorkgroupI CA Represented CaIFOG in negotiations with the International Association of Plumbing and Mechanical Officials concerning critical Uniform Plumbing Code revisions that would affect every sewering agency in California. CalFOG is a special workgroup within Tri -TAC that focuses on the development of FOG control tools that may be used throughout the State. Tri -TAC is a statewide technical advisory committee composed of members from public agencies and other professionals responsible for wastewater treatment; Tri -TAC is jointly sponsored by the California Association of Sanitation Agencies, the California Water Environment Association, and the League of California Cities. The constituency base for Tri -TAC collects, treats, and reclaims more than 2 billion gallons of wastewater each day and serves most of the sewered population of California. Project Manager, Various Municipal Ordinance Negotiations with Stakeholders I National Retained by numerous municipalities as a negotiator with multiple stakeholder groups to propose and finalize municipal ordinances that directly affect businesses, environmental groups, and homeowners. Negotiated issues, including wastewater discharge rates, sewer use ordinances, and environmental impacts. 25E -34 Ramon Gallegos is a GIS supervisor with 15 years of experience, including 8 years in FOG database management and FSE inspection coordination for FOG programs. Ramon has led multiple FOG control projects in which he was responsible for managing over 10,000 FOG program inspections, using spatial analysis to develop efficient inspection routes, and developing inspection frequencies based on such variables as an FSE's proximity to a hotspot, cooking equipment, and inspection compliance history. Ramon has learned approaches that work for FOG programs. He has been an asset to cities facing complex FOG- related challenges, such as pinpointing sources. He has also supported agencies with sewer system management plan audits and reviews, and has managed GIS research, fieldwork, data collection, data processing, data management, and asset management. Ramon has a B.A. and M.A. in Geography from California State University Fullerton and teaches higher education courses in GIS. Experience Program Manager, FOG Inspections Program, Various Cities and Water Districts I Orange County, CA Managed 10,000+ FOG inspections of 5,000+ FSEs for various cities and water districts in Orange County. Developed concise, efficient process for reporting of inspection results to agencies. GIS Specialist, FSE Mapping, Various Cities and Water Districts I Orange County, CA Mapped FSEs, public sewer systems, sanitary sewer overflows, and sewer hotspots in Orange County. Linked maps to Microsoft Access databases containing characterization data for each FSE in service area(s). Developed exhaustive list of FSEs in Orange County using data sets from multiple sources. Used GIS to efficiently manage inspections, process data, and coordinate compliance inspections for 5,000+ FSEs. G1S Specialist, System -Wide Sewer Atlas, Various Cities and Agencies I Statewide, CA Designed and implemented system -wide sewer atlases for public agencies throughout California. Atlases included manholes, sewer pipe segments, sewer hotspots, aerial photographs, parcel data, and landmark features, such as rivers, lakes, learning institutions, parks, and railroads. Atlases displayed all sewer data necessary to allow maintenance personnel to complete work orders efficiently. GIS Specialist, Workflow Process for FSE Monitoring, Various Cities and Water Districts I Orange County, CA Designed /implemented a workflow process to track and monitor FSE inspections and a methodology to capture all necessary inspections of FSEs regardless of inspection frequencies. Developed risk -based management protocol. Staff Scientist, Sewer System Management Plan (SSMP) Development, City of El Segundo I El Segundo, CA Managed documents necessary for SSMP development. Reviewed City's municipal code, standards, and other sanitary sewer requirements, and reported inefficiencies for legal authority. Reviewed and recommended improvements to the City's preventive maintenance / work order program, Overflow Emergency Response Plan, FOG Control Program, and legal authority to comply with WDR, SSMP, and MS4 program requirements and goals. Staff Scientist, Proposal for FOG Control Program Assessment, Boston Water and Sewer Commission I Boston, MA Reviewed and recommended improvements to client's FSE database and data management plans, FSE inspection approach and procedures, and FOG - related sewer hot -spot management, including cleaning practices, CCTV assessment, and maintenance management. Evaluated other mature and successful FOG control programs that had similar needs and goals as BWSC. Staff Scientist, FOG Program Development, Seattle Public Utilities Commission I Seattle, WA Reviewed and recommended improvements to public outreach efforts and residential and commercial website portals. Worked with SPUC and King County to review and improve their Public Health Department websites. 25E -35 Joseph has performed more than 4,000 inspections of food service establishment (FSEs) for compliance with fats, oils, and grease (FOG) control programs, including those of Costa Mesa Sanitary District, City of Santa Ana, City of La Habra, City of Anaheim, and Irvine Ranch Water District. Joseph has also conducted thousands of NPDES storm water inspection for industrial and commercial stormwater NPDES compliance. Joseph manages and schedules FSE inspections and provides training and quality control / quality assurance for EEC's FOG inspectors. Joseph is also the lead auditor for sewer system management plan (SSMP) audits. To date, Joseph has conducted internal SSMP audits for the Costa Mesa Sanitary District, City of La Habra, City of Buena Park, City of Santa Ana, and City of Anaheim. Joseph has a B.S. in Business Administration from York College and an Environmental Management Certificate from the University of California, Irvine, Extension. Experience FOG Inspector, FOG Inspections for Multiple Cities and Sewer Agencies I Statewide, CA Lead FOG inspector for multiple cities and sewer districts. To date, has completed thousands of FSE inspections in support of agencies' FOG control programs and has achieved a high rate of compliance for those FSEs. Senior Staff, FOG Control Consulting for Various Municipalities I Statewide, CA Supports EEC's project managers in providing FOG- control consulting services ranging from ordinance and permit development, grease interceptor sizing and installation, sewer line characterization, inspection and enforcement procedures, sanitary sewer overflow (SSO) response and procedures, and database and GIS management. Lead Auditor, SSMP Internal Audits, Various municipalities I Statewide, CA Assists EEC's project managers to provide support for internal audits of SSMPs for various agencies. Reviews SSMP related documentation and conducted interviews of municipality staff members. Completes technical reports documenting findings and recommended corrective actions. Lead Inspection Trainer, FOG Inspector Training, City of Redondo Beach I Redondo Beach, CA Developed and conducted FOG inspection training for City of Redondo Beach staff. Training included a comprehensive classroom session and multiple days of inspection training in the field. Lead Trainer, SSO Prevention and Response, City of San Gabriel I San Gabriel, CA Trained City of San Gabriel staff on prevention of and response to SSOs. Training consisted of a classroom session that reviewed State and City monitoring and reporting requirements, proper response procedures, and proper volume calculation methods. Training also consisted of a field session where different volumes of water were spilled and staff members practiced containing the spill, estimating the volume of spilled water, and completing the field reporting forms. Senior Staff, FOG Control Program Manual Development, Baltimore County I Baltimore, MD Developed the FOG Control Program Manual for the Baltimore County FOG control program. Manual included procedures for inspecting FSEs, requirements for installation of grease control devices, and FSE educational materials, including best management practices, that were created by EEC. Compliance inspector, NPDES Inspections and Program Management, Cities of Santa Ana and Anaheim I Orange County, CA Performed hundreds of NPDES inspections for the City of Anaheim and the City of Santa Ana. Manage the monthly NPDES inspection program and train inspectors on the proper inspection procedures. 25E -36 Steve Shaffer is a software systems architect who has been studying and applying concepts of database design and its geospatial applications. Steve has applied this knowledge on a number of projects utilizing database design, coordination of data digitization and data entry quality control, and data analysis and reporting. All of these tasks have been performed with a strong emphasis on geospatial integration and interpretation. Steve has a B.S. in Mathematics from the University of California, Los Angeles, and has taught GIS for Civil Engineering at Loyola Marymount University in Los Angeles. Experience Application Architect, CMMS Upgrade, City of Sacramento j Sacramento, CA Lead technical consultant for Department of Utilities' Cityworks CMMS; developed upgrade and test plans and lead system upgrade team. Technical consultant on workflow streamlining and reconfiguration initiatives to support the CMMS upgrade; analyzed existing workflows for efficiency improvements and reconfigured CMMS to support revised workflows. Software developer for custom extensions to Cityworks Server web application, and lead trainer for CMMS rollout. System Architect, GIS/CMMS Implementation and Support, City of Santa Ana I Santa Ana, CA Lead architect and implementer of Resources Division's Cityworks Asset Management System. Led needs assessment for implementation of modern GIS -based asset and maintenance management system; analyzed maintenance activities, workflow, current technology infrastructure, available software, and deployment options; designed roadmap for City's successful implementation of Cityworks. System consists of Cityworks database with web -based and tablet -based interfaces for stationary and mobile use. Technical expert in system migration to cloud -based infrastructure to give field crews live, direct connection to the Cityworks database from anywhere. System Architect, GIS/CMMS Implementation and Support, Costa Mesa Sanitary District I Costa Mesa, CA Lead architect and implementer of a modern GIS -based asset and maintenance management system for the Costa Mesa Sanitary District. System enables internal staff to track the condition of assets, work orders, maintenance history, and inspection results, and access engineering -grade locational information and aerial imagery contained in the district's GIS. Currently supporting expansion of the system by integrating it with sewer - capacity modeling software and deploying it to tablet computers for field crew use. GIS Analyst, GIS Needs Assessment and Strategic plan, City of Pomona I Pomona, CA Assisted in assessment of client's growing need for modern GIS technology, and helped develop strategy to upgrade the City's technology infrastructure within stringent budget. GIS Analyst, GIS Databases, Various Cities and Water Districts I Orange County, CA Assisted in development, design, implementation, and maintenance of GIS databases, applications, and workflows for mapping and management of water utility network assets. Built GIS data repositories using industry- standard data models and tools to ensure maximum compatibility, portability, and efficiency when working with data and tools from other agencies and entities. Assisted in development, design, and implementation of multiple inspection management databases and applications for cities and water districts; systems store inspection data for 10,000+ facilities and increase the efficiency and accuracy of compliance inspections. Developed user - friendly interface for data entry, quality control, reporting, and automatic generation of permits, inspection forms, and historical reports. 25E -37 APPENDIX B EXHIBITS 25E -38 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT "D" REFERENCES 31 25E -39 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: City of Santa Ana Address: 220 S. Daisy Avenue Santa Ana, CA 92703 Contract Amount: $300,000 Description of supplies, equipment, or services provided: FOG program support Reference Customer Name: Costa Mesa Sanitary District Address: 628 W. 19th Street Costa Mesa, CA 92627 Contract Amount: $190,000 Mr. Rudy Rosas, Water Contact Individual: Resource Manager Phone Number: (714) 647 -3387 Facsimile Number: (714) 647 -3345 Year: 2004 - Present Mr. Robin Hamers, Contact Individual: Manager / District Engineer Phone Number: (949) 631 -1731 Facsimile Number: (949) 548 -6516 Year: 2004-Present Description of supplies, equipment, or services provided: FOG program management and inspections, GIS, and CMMS support Reference Customer Name: Orange County Sanitation District Address: 10844 Ellis Avenue Fountain Valley, CA 92708 Contract Amount: $20,000 Description of supplies, equipment, or services provided: FOG program inspections EEC REFERENCES, PAGE 1 OF 2 Mr. Merrill Seiler, Principal Contact Individual: Environmental Specialist Phone Number: (714) 593 -7436 Facsimile Number: (714) 962 -6957 Year: 2011- Present THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE 32 25E -40 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program Reference Customer Name: City of Anaheim Address: 200 S. Anaheim Boulevard, Suite 276 _ Anaheim, CA 92805 Contract Amount: $200,000 Description of supplies, equipment, or services provided: FOG program Reference Customer Name: Irvine Ranch Water District Address: P.O. Box 5700 _ Irvine, CA 92619 Contract Amount: $180,000 Description of supplies, equipment, or services provided: FOG program support Mr. Jonathan Heffernan, Contact Individual: Operations Supervisor Phone Number: (714) 765 -6860 Facsimile Number: (714) 765 -5225 Year: 2008 - Present Mr. Soha Vazirnia, Contact Individual: FOG Program Manager Phone Number: (949) 453 -5852 Facsimile Number: N/A Year: 2004 - Present Reference Ms. Christiana Daisy, Customer Name: West Basin Municipal Water District Contact Individual: Operations Project Manager Address: 17140 Avalon Boulevard Carson, CA 90746 Contract Amount: $180,000 Description of supplies. equipment, or services provided: GIS support EEC REFERENCES, PAGE 2 OF 2 Phone Number: (310) 660 -6233 Facsimile Number: (310) 516 -1576 Year: 2013 - Present THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE 32 25E -41 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT "E" STATEMENT OF UNDERSTANDING 33 25E -42 City of Santa Ana, PWA RFP - Fats, Oils, and Grease (FOG) Control Management Program 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 property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the 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, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Environmental Engineering & Contracting, Inc. Signed and Printed Name: Title president Date 07/31/2014 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. KIM 25E -43 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT "F" CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 01 25E -44 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program 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. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 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. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The 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. 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 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 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 of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the 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. 36 25E -45 City of Santa Ana, PWA RFP - Fats, Oils, and Grease (FOG) Control Management Program 2. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, 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 provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Environmental Engineering & Contracting, Inc. Signed and Printed Name: Title President Date 07/31/2014 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 37 25E -46 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT "G" NON - COLLUSION AFFIDAVIT m 25E -47 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program 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 no collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this no collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Sig State of California, County of Ora Subscribed and sworn to (or affirmed) before me on this day of 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. a] 25E -48 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT "H" SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY INSURANCE ,M 25E -49 A� V CERTIFICATE OF LIABILITY INSURANCE DATE 7/30/2014W) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). PRODUCER Garrett/Mosier /Griffith /Sistrunk Risk Management & Insurance Services 12 Truman Irvine, CA 92620 CONTACT NAME PHONE gqg 559 -6700 qIC No l: (949)559-6703 AID No Exit E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC N INSURER A: Great Divide Insurance Company 25224 www.gmgs.com OB84519 INSURED Environmental Engineering & Contracting, Inc. 501 Parkcenter Drive INSURER B; Peerless Insurance Company 24198 INSURER C: CLAIMS -MADE ❑✓ OCCUR INSURER D: Nautilus Insurance Company 17370 Santa Ana CA 92705 INSURER E: INSURER F: $ 100,000 COVERAGES CERTIFICATE NUMBER: 21049180 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A = SU D POLICY NUMBER POLICY MMIDIYYYY MMIDDM' YY LIMITS Grill Griffith COMMERCIAL GENERAL LIABILITY GLP2006942 -11 10/31/2013 10/31/2014 EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE ❑✓ OCCUR AAGE RENTED PREM SES TO occur ante $ 100,000 MED EXP (Any one parson) $ 5,000 PERSONAL &ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 5:000,000 POLICY ✓� PRO- JECT [:] LOU PRODUCTS - COMPIOP AGG $ 5,000,000 $ OTHER: B AUTOMOBILE LIABILITY CBP9589097 4/30/2014 10/31/2014 COMB dEDISINGLE LIMIT IS 1000,000 BODILY INJURY (Par person) $ ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIREDAUTOS AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRO PRI ETORIPARTNERIEXEC UTIVE YIN WCA2008815 -11 5/24/2014 5/24/2015 ,/ STATUTE 0RH E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA E. L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Pollution Liability CCP2006941 -11 10/31/2013 10131/2014 Each Poll Occurrence $5,000,000 Professional Liability Each Prof Liab Claim $5,000,000 General Aggregate: $5,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached name space Is required) All operations of the named insured subject to the terms and conditions of the policies. As respects General Liability coverage, City of Santa Ana, its officers, agents & employees are added as Additional Insureds and this insurance is primary per ENV2154AO906 attached. As respects General Liability coverage, a Waiver of Subrogation is hereby included per CG24040509 attached. CERTIFICATE HOLDER CANCELLATION All operations City Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE t Grill Griffith ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CERT NO.: 21049190 Nasisea Rom 7/30/2014 9:25:52 AM (PET) rage 1 2SE -50 GLP2006942 -11 Environmental Engineering & Contracting, Inc. ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED- BLANKET- OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Who is An Insured (Section II) is amended to include as an insured any persons) or organizations, for whom you are performing operations under a written contract or agreement, which is in effect prior to the performance of your work which is the subject of such written contract or agreement, that such person(s) or organization(s) be added as an additional insured on your policy, but Only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured; or 2. Your work performed for such person(s) or organizations(s) and included in the products - completed operations hazard, only when required by the written contract or written agreement. With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above, but only when required by written contract or agreement. © 2006 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. © 1985 -2006 by Insurance Services Office, Inc., material used by permission. ENV 2154 A 09 06 Page 1 01 1 CERT NO.: 21049180 Maii66a Rome ] AM /30/2019 9:25:52 (PDT) Page 2 .25E-51 Environmental Engineering & Contracting, Inc. 7/30/2014 POLICY NUMBER: GLP2006942 -11 COMMERCIAL GENERAL LIABILITY CO 24 04 05 09 Igo) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Oroanization: Blanket where required by written contract or agreement, Such written contract or agreement must be in affect prior to the performance of your work which is the subject of such written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included In the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 06 09 0 Insurance Services Office, Inc., 2008 CEH'P NO.: 21049160 Marissa Romo 7/30/2014 9:25:52 A (PITT) Page 325E-52 Page / of t EXHIBIT B FEESCHEDULE 25E -53 Fee Proposal - FOG Control Management Program (Bid #14 -045) Environmental Engineering & Contracting, Inc. (EEC) is pleased to submit this fee proposal to provide continued Fats, Oils, and Grease (FOG) Program Management services to the City of Santa Ana (City). Based on EEC's experience with similar scopes of work and familiarity with the systems and operations at the City, the annual not -to- exceed cost estimate for the requested services is $296,725. This fee is inclusive of the projected food service establishment (FSE) inspections identified in Exhibit C of the RFP, as well as the level of as- needed support services anticipated for the year. A breakdown of labor costs per task for this scope is provided in the table below. Unit costs for the various FSE Inspection types (Exhibit C) and EEC's 2014 Fee Schedule (hourly rate schedule) are provided in the following pages for your reference. Tasks Project Management GIs/CMMSI , 120 GIs �0 `. Labor Hours Principal In Regulatory 8. 10 Projection Sr. PM 40 Sr. Compliance ;',10 30 Total '.218 Projection $ Cost ',33,400 FSE Inspections FSE Inspection Quantity and Unit Costs per Exhibit C $ 198,800 - Mapping >50 '50 0 0 : 0 -. 0 o 100 $. 42,500 CMMS Support 60 80 0 0 10 0 0 150 $ 19,100 WDR and SSMP 20 " 0 8 10 - 20 75 -;0 -133 $t. 19,875 Training and Support 20 1 30 0 0 10 20 0 80 $ 10,550 Misc. Direct Expenses $ 2,500 - Sub -Total 270 1 160 1 16 20 80 1 105 1 30 681 $ 296,725 EEC Fee Proposal - FOG Control Management Program FP -1 July 31, 2014 25E -54 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT " C" C94ci11yW -A11 M II_1W17 NZ1111112 E` 25E -55 City of Santa Ana, PWA RFP - Fats, Oils, and Grease (FOG) Control Management Program Certification - I certify that I have read, understand and agree to the 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 familiar 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 based on an (hourly cost, time and materials basis - see narrative) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials and or software will be purchased by the contractor only after discussed and authorized by the City's project manager or designee in writing. Fats, Oils, and Grease (FOG) Management Program FEE SCHEDULE TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Environmental Engineering & Contracting, Inc. REQUIREMENT: The undersigned declares that he /she has carefully examined the request for proposal, that he /she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed Scope of Services, for the unit price(s) set forth in the following schedule: Item # Proposal Item Unit Quantity Unit Price Amount 1. Permitting Inspections EA 350 $ 120 $_42,000 2. Grease Removable Equipment EA 350 $_80 _ $_28,000 (GRE) Inspections 3. Best Management Practices (BMP) EA 500 $_ 74 _ $ 37,000 Inspections 4. Compliance Inspections EA 750 $_120 $90,000 5. NPDES- Inspections EA 120 $ 15 $ 1,800 29 25E -56 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program Proposer shall attach a separate hourly rate schedule with hourly rates for staff per job classification and equipment. The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. Environmental Engineering & Contracting, Inc. Ph: (714) 667 -2300 Fax: (714) 667 -2310 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 501 Parkcenter Drive, Santa Ana, CA 92705 BUSINESS ADDRESS John Shaffer President PRINTED NAME OF AUTHORIZED AGENT TITLE jshaffer @eecworld.com SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS 33- 0665828 743267 A, HAZ, C10 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 30 25E -57 ENGINEERING & CONTRACTING, INC. 541 Porkosnter Drive, Santa Arta, CA 02705 Phone (714) 567.2900 Fax (714) 567.2310 2014 Fee Schedule PERSONNELCHARGES The charge for all time required for the performance of the Scope of Work, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Staff Engineer /Geologist /Scientist $115 Sr Staff Engineer /Geologist/Scientist $125 Project Engineer /Geologist /Scientist - 1 $150 Project Engineer /Geologist/Scientist- 11 $160 Sr Project Engineer /Geologist /Scientist - 1 $180 Sr Project Engineer /Geologist/Scientist - 11 $200 Principal Geologist $225 Principal $225 Project Assistant $90 Technician $90 Drafter $110 Sr Technician $105 Compliance Inspector $105 Analyst GIS /Technology $95 Sr Analyst GIS /Technology $105 Specialist GIS /Technology $115 Sr Specialist GIS /Technology $125 Supervisor GIS /Technology $145 Director /GIS Technology $160 Construction Technician $75 Construction Field Supervisor $95 Construction Manager $100 Sr Construction Manager $125 Technical Editor $95 Emergency response and client requested work during non - standard business hours will be charged at a rate of 1.25 times the standard hourly rate. When EEC Staff appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, their time will be charged at 2.0 times the standard rate. All time spent preparing for such trials, hearings, and depositions, will be charged at the standard hourly rate. Travel Vehicles used on project assignments will be charged at $50 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a unit cost of $50 per day. Airfare, lodging, rental cars and associated expenses are billed at cost plus mark up. Field Equipment Field Equipment is billed at standard unit costs. Rate schedules are available upon request. Subcontractors and Reimbursables The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15 %. Other Proiect Charges The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied. Shipping and Postage Shipping charges include couriers and the postage necessary will be charged at cost plus markup. Interest Charges Interest on late payments will be charged at the rate of 1.5% per month. Payment Terms Net 30 days apply to all work performed and invoiced unless superseded by a specific executed contract. This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing and new assignments. $an + Gram Wr + Air + W9Bta Lrr + Skumwater + 00 + beirroodid + RomeMon + Cwutruntinn 25E -58 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25E -59 25E -60 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENT WITH TETRA TECH, INC., FOR COMPLETION OF THE SAN LORENZO SEWER LIFT STATION PROJECT PLANS AND CONSTRUCTION SUPPORT SERVICES {Strategic Plan No. 6. 1. C1 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I1" C • r, ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10/21/2014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances Authorize the City Manager and Clerk of the Council to execute an agreement with Tetra Tech, Inc., subject to non - substantive changes approved by the City Manager and City Attorney; to provide engineering design, bid support, and construction support services for the completion of the San Lorenzo Sewer Lift Station project; for a three -year period expiring October 6, 2017, in an amount not to exceed $365,000. DISCUSSION The existing sewer lift station located near the intersection of Bristol Street and Segerstrom Street is a critical asset to the City's sewer collection system and allows the City to provide sewer service to over 1,600 homes and businesses. Since its construction in the 1960s, the sewer lift station has been a robust asset, but is nearing the end of its useful life and is in need of major capital investment to improve the facility and leverage modern technologies. Engineering plans and supporting documentation for the construction of a new sewer lift station have been developed. However, due to environmental issues and legal challenges the project has been significantly delayed. The City has completed an environmental impact review (EIR) to mitigate all environmental issues and has resolved all legal challenges, enabling the project to move forward. On June 20, 2005, having completed a Request for Proposals (RFP) process, Council awarded a contract to Tetra Tech, Inc., to prepare plans, specifications, and estimates for the construction of the new sewer lift station. Although the consultant completed a significant portion of the project design, due to the previously mentioned delays, the contract expired. Therefore a new contract is necessary to finish the sewer lift station improvement plans and specifications, updated with the latest building codes and the requirements from the EIR; and to provide on -going technical support necessary for the duration of the construction period. The savings from the design and technical support services that were not completed under the expired contract are being carried over onto the new contract. 25F -1 Agreement with Tetra Tech, Inc., for Completion of San Lorenzo Sewer Lift Station Project Plans and Construction Support Services October 7, 2014 Page 2 Staff recommends entering into this agreement with Tetra Tech, Inc., to complete work on this important water resources project. The firm has an excellent reputation of providing professional engineering and construction support services to other municipalities, and has similarly provided excellent service to the City. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (Invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action FISCAL IMPACT Funds are available in the Sewer Connection Projects Account (No. 05517660 66220) Public Works Agency EG /NS /RR APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: 1. Agreement & Fee Schedule with Tetra Tech, Inc. 25F -2 CONSULTANT AGREEMENT FOR ENGINEERING SERVICES WITH TETRA TECH, INC. THIS CONSULTANT AGREEMENT is made and entered into this 7th day of October, 2014 by and between Tetra Tech, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The Parties previously entered into agreement #A- 2005 -142 dated June 20, 2005, under which Consultant contracted to prepare plans and specifications for the construction of the San Lorenzo Sewer Lift Station project. Consultant successfully completed a substantial portion of the project within their scope and budget but the contract terms expired due to delays encountered from externalities outside consultant's control. B. City desires to award this contract so as to allow Consultant, as the original design firm to update and complete the plans in accordance with the latest building codes and requirements of the EIR process as well as provide bid and construction support services for this highly complex project. 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 complete final design services and deliver plans, specifications and estimates for San Lorenzo Sewer Lift Station Improvements to City, provide bidding phase support services and construction phase support services, per the Scope of Work dated August 25, 2014, attached hereto as Exhibit A and incorporated herein by reference. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which result from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's Project Manager and Consultant. In regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a Exhibit 1 25F -3 condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Table 1 to Exhibit A. The total sum to be expended for these services shall not exceed $365,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on October 7, 2014 and terminate on October 6, 2017, unless terminated earlier in accordance with Section 13, below. The City Manager shall have the option to extend the Term of this Agreement for up to one -year, on the same terms and conditions set forth herein. At the end of the full Term hereof, the Agreement may be extended to expend any remaining funds to complete ongoing projects, by a writing executed by the City Manager and the City Attorney 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) 25F -4 be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") 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 Agreement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or 25F -5 for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. 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 Consultant. 8. CONFIDENTL4,LITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile: 714- 647 -6956 Copies to: Public Works Agency — Construction Engineering City of Santa Ana 20 Civic Center Plaza (M -22) Santa Ana, California 92702 Facsimile: 714 - 647 -5058 25F -6 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714 - 647 -6515 To Consultant: Tetra Tech, Inc. Attn: Tom Epperson, P.E. 17885 Von Karman Ave., Ste. 500 Irvine, California 92614 -6213 Facsimile: 949- 809 -5010 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION 25F -7 This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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. 25F -8 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 Clerk of the Council APPROVED AS TO FORM: 1Y 12 610=409AWNWO[@� City Attorney :V'r—� V4Z eph Stt ca ssistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR, P.E. Executive Director - PWA DAVID CAVAZOS City Manager CONSULTANT: Tetra Tech, Inc. Tom Epperson, P.E. Vice President 7 25F -9 03 August 25, 2014 Mr. Rudolfo Rosas, P.E., Senior Civil Engineer City of Santa Ana — Public Works Agency 220 S. Daisy Avenue, #A Santa Ana, CA 92703 Reference: San Lorenzo Sewage Lift Station Proposal to Update Plans, Specifications, and Estimates and Provide Bidding and Construction Support Services Dear Mr. Rosas: Tetra Tech had previously provided professional engineering services for the San Lorenzo Sewer Lift Station as part of Agreement No. A- 2005 -142. The original approved budget in 2005 was $220,000. The budget was increased by the following: $19,250 by Amendment No. 1; $23,000 for Extra Work dated July 17`h, 2007; and $37,000 for Amendment No. 2. The modified approved budget was $299,250. Tema Tech submitted substantially completed final contract documents including plans, specifications and cost estimate in March 2009. From that date, Tetra Tech has exhausted its approved funds in supporting the City of Santa Ana in the EIR process for the project. The following correspondence summarizes our proposal to: update the contract documents (plans, specifications and estimates) based on the City's review comments and revisions required by the EIR process; PLC panel design, and development of control strategies (to be performed by Enterprise Automation); provide bidding support services; and provide construction support services. SCOPE OF WORK Task 1: Update Design Criteria Tetra Tech will evaluate the previous design criteria on the following items and provide an update to the City prior to revising the construction plans and specifications: a. Pumps: confirm demands, pump size, selection and manufacturer. b. Grinders: confirm maintenance issues, clearance, and detail inspection ports and conduits. c. Valves: replace gate valves with plug valves and confirm maintenance on check valves. d. Meter: maintenance issues and update specifications. e. Odor Control: update odor control facilities — improve performance of equipment. L Ventilation: duct material, and confirm adequacy with updated code requirements. g. Radar vs laser: update equipment in wet well and add smart cover. h. Crane: confirm the range and removal limits with available clearance. i. Stair revisions: revise stairway per the City recommendation. j. Meter platform: add platform adjacent to the meter for maintenance. k. Building modifications: modify the mansard above the pump removal access. Tetra Tech, Inc. 17885 Von Kerman Avenue, Suite 500, Irvine, CA 92614 -6213 Tel 949.809.5000 Fax 949.809.5010 www.tetratech.com 25F -10 Mr. Rudolfo Rosas August 25, 2014 Page 2 1. Building location: minor adjustment to building location to provide adequate traffic control during construction. m. Code update - structural: update the structural plans and specifications for 2013 CBC. n. Site modifications: confirm fire truck access, addition of gates, and minor modifications. o. Electrical modifications: perform electrical coordination studies — load flow; short circuit study; coordination study; and arc flash study. p. Control strategy coordination: coordinate work with Enterprise Automation, including attendance at meetings and workshops. q. Generator: confirm sizing of generator for full -start capacity. r. Dual force main: prepare exhibits for a dual force main plan, profile and details. s. Traffic control concepts: review traffic control concepts with the EIR documentation. t. OCSD coordination: update the requirements for connecting to the OCSD trunk sewer and obtain the necessary approval from OCSD. Task 2: Update Plans Tetra Tech will update the construction plans based on the revised design criteria agreed upon with the City. The following is a summary of the plan sheets that will be changed and whether the change is minor, major or basically new. • General Sheets: Update G -1, G -2 and G -3 (minor). • C -1 (Demolition Plan) — add notes on access (minor) • C -2 and C -3 (10" FM & 15" S Plan & Profile) — add driveways, traffic control concepts and access notes (minor). • C -4 (Bristol 15" S) — add driveways, traffic control concepts and access (minor). • C -5 (Site Demo Plan) — add temporary const. easement requirements and restrictions (minor). • C -6 (Site Plan) — modify as required to meet fire access requirements, moving of building, and gates (more than minor but not major). • C -7 (Site Piping Plan) — relocate RPPD for interior piping (minor). • M -1 (Control Room) — add window between MCC and stairwary, duct coating, wet well roof changes (minor). • M -2, M -3 & M -4 (Dry Well) — modify clearances to pick up about one foot, modifications to pump, grinder, meter, add platform, stairway modifications, valves, check valy, etc. (major). • M -5 — Odor control plan, section and details (new) • D -I (Connection Details) — add sequencing and traffic concept/access notes (minor). • D -2 (Trench Details) — modify per EIR (minor). • D -3 (Misc. Details) — modify Detail 2 (radar), Detail 3 (wet well level float), Detail 6 (sump) and Detail 7 (dry well washdown) (major). • D -4 (Misc Details) — Detail 2 (drain valve) (minor). • S -1, and S -2 — update to 2013 CBC (minor). • S -3 (Foundation Plan) — modify stairway, epoxy coating of floor and add platform (major). Mr. Rudolfo Rosas August 25, 2014 Page 3 • S-4 (Ground Floor) — add window and any building size change (minor). • S -6 (Section A) —revise stairway (major). • S -7 (Section B) — call out removable mansard (minor). • S -8 (Exterior Elevations) — add removable mansard and minor changes (minor). • S -11 (Structural Details) — minor changes (minor) • S -12 and S -13 (Mansard Details) — modifications due to removal mansard (minor). • S -14 (Stair) — modifications due to new stairway (major). • S -15 (Removable Mansard Details (new). • S -16 (Mag Meter Platform Framing Plan & Details (new). • E -1 & E -2 (Electrical Site Plan and Diagrams) — minor updates (minor). • E -3 (Power Plan) — add disconnect switches, flood switches, grinder conduits, wet well signal in dry well, etc. (major). • E-4 (Lighting and Grounding) — minor upgrades (minor). • E -5 & E -6 (Schedules and Schematics) — upgrade per comments (minor). • Update the landscaping and irrigation plans (minor) Tetra Tech will coordinate with the City staff all necessary City permits. We have included within this proposal provisions for plan revisions, clarifications, meetings and time constraints necessary to obtain any City Building and Electrical Permits. The City will be responsible for processing the plans with the City departments for all necessary City permits. Task 3: Update Specifications and Estimates Tetra Tech will update the specifications for modifications based on the EIR as well as the City comments to the plans. The Contract Documents will need to be updated due to delay. Section 01010 will need to be revised to be consistent with the EIR and the traffic concepts included in the EIR. The following technical specifications will need to be modified: demolition; dewatering; instrumentation and monitoring; cast -in -place concrete; epoxy coating of the floor; ventilation equipment; odor control facilities; sewage grinders; pumps; check valves; manual valves; meters; VFD; and electrical components. Update the cost estimates based on the updated plans. Task 4: PLC Panel Design and Control Strategies (Enterprise Automation) Enterprise Automation will provide specifications and drawings for the functional automation system to be included within the contract documents for the San Lorenzo Lift Station. In addition to providing a functional automation system, Enterprise Automation will also: continue the process of developing documentation formats and standards that can be re -used on future City projects; ensure that the City's control requirements for the City are documented and implemented; ensure that the facility operates as intended by the City; and ensure that as -built documentation for the control descriptions and PLC panel are provided at the conclusion of the construction. The following scope of work includes design phase activities and construction phase activities "�"_f2iK Mr. Rudolfo Rosas August 25, 2014 Page 4 a. Design Phase Activities PLC Panel Design: Enterprise Automation will develop the basis of a new City standard for a PLC panel design for incorporation into the San Lorenzo Lift Station contract documents for subsequent fabrication by the contractor. The design will be comprised of the general back panel arrangement and enclosure standards. The design will be developed via a four step process: development of design options; conduct a panel design workshop; finalize the panel standard incorporating the City preferences; and provide the design for inclusion within the plans and specifications. The goal is to provide the contractor with sufficient design information to fabricate the panel to the standards required by the City. As an additional quality control measure, Enterprise Automation will develop a panel FAT framework for incorporating into the plans and specifications, with the goal being to provide the contractor with sufficient information on the requirements of the panel FAT that will be witnessed by Enterprise Automation. 2. Control Strategies: Enterprise Automation will guide a six (6) hour workshop at the City's facility to review the lists of equipment and 1/0 and determine how the City wishes to operate the facility from a controls perspective. Following the workshop, Enterprise Automation will develop control descriptions for the operation of the lift station. The control descriptions will describe the following: major controlled equipment; PLC connected instrumentation; automation strategies; SCADA alarms; interface with Dynac SCADA System; and Magelis display layout. Enterprise will develop test documentation for inclusion with the specifications that will be used by the contractor for the following: for internal testing prior to site deployment; during commissioning; and by Enterprise Automation and contractor and the City during site acceptance testing. The test documentation will cover PLC /SCADA related controls only. b. Construction Phase Activities 1. Panel Design: Enterprise Automation will review field instrument cut sheets submitted by the contractor to determine the 110 requirements for the PLC panel, and will develop AutoCAD drawings which include: enclosure design; back panel layout; fabrication dimensions; power distribution; 1/0 termination detail; network layout and termination; wire numbering; symbol legend; construction notes and fabrication standards; panel and terminal labels; bill of materials, with component cross referencing bubbles; and design calculations for heat dissipation and wire duct fill. The completed panel design will be provided to the contractor for fabrication. Enterprise Automation will witness the panel FAT with the contractor. To enhance the probability that the PLC program is prepared properly for commissioning, Enterprise Automation will review the contractor's internal test results prior to the commencement of commissioning. Enterprise Automation will provide SAT documentation and assist the City with the formal SAT. Enterprise Automation will provide the City with the following as -built documentation following the completion of the commissioning: scanned SAT documentation; control descriptions; and panel drawings. Mr. Rudolfo Rosas August 25, 2014 Page 5 Task 5: Bidding Support Services Tetra Tech will provide support services to the City during the bidding phase of the work. These services will include the following: attendance at a pre -bid meeting at the City and at the project site; respond to questions on the contract documents during the bid period; and preparation of two (2) addendums. The City will be responsible to distribute the addendums to all plan holders. Task 6: Construction Support Services Tetra Tech will provide support services to the City during the construction phase of the work. Construction support services depend greatly on the contractor's schedule, the adequacy of his submittals, the amount of issues /conflicts that arise during the construction, and the amount of scope the construction manager will complete instead of the design engineer. Tetra Tech does not control the amount of shop drawing submittals, the quantity of RFIs, the adequacy of the O &M Manuals provided by the contractor, or the issues that arise during the construction of the project. We recommend the City budget for the following construction support services: a. Pre - Construction Meeting: Tetra Tech will attend a pre - construction meeting. b. Shop Drawings: Tetra Tech will review shop drawings, equipment specifications, samples and other submittals for compliance with the plans and specifications. For this proposal, we have assumed a total of eighty (80) shop drawing submittals will require our review and included a budget for a second review of forty (40) of these submittals. A brief summary of these shop drawings that we are anticipating can be provided to the City upon request. c. RFIs: Tetra Tech will respond to Contractor's Requests for Information (RFI) and provide clarifications of the plans and specifications during the construction process. For this proposal, we have assumed a total of thirty (30) RFIs will need to be responded to of which ten (10) will require sketches or exhibits. d. Periodic Site Visits: Tetra Tech will perform periodic site visits during construction to review progress and attend construction meetings. These site visits and attendance at meetings will only be done if requested by the City. For this proposal, we have assumed that a total of ten (10) site visits to resolve issues will be required. In addition, we have assumed that we will be requested to attend a total of ten (10) construction meetings of one hour in length. e. Minor Plan Revisions: Tetra Tech recommends the City include a budget for sixty (60) hours of minor plan revisions that are requested by the City construction manager. f. O & M Manual: Tetra Tech will complete the O &M Manual (three hard copies and one pdf). Tetra Tech will collect and compile all equipment and product information provided by the contractor and will then incorporate it into the O &M Manual. Included within the manual will be the specifications, maintenance recommendations, and warranty information. g. Start -up Assistance: Tetra Tech recommends the City include a budget of forty (40) hours of a civil/mechanical manager /engineer and forty (40) hours of an electrical manager /engineer to provide assistance to the City's construction manager during the start -up of the facilities. 49,' Mr. Rudolfo Rosas August 25, 2014 Page 6 h. Change Orders: Tetra Tech will evaluate and respond to contractor's request for change orders. For this proposal, we have assumed a total of six (6) change orders will need our attention. Tetra Tech will provide a summary of the contractor's request, breakdown of the additional monies requested, and reasonableness of the request. We have assumed the evaluation will include a meeting with the City's on -site inspector to discuss the changed conditions. i. Record Drawings: Tetra Tech will prepare record drawings based on contractor's red -lines and any comments /revisions provided by the City's construction manager. Tetra Tech will provide two copies of the final documents, digital and hard copy. All drawings will be completed and provided in mylar format, in digital drawing format, and in pdf format. j. General Assistance to Construction Manager: Tetra Tech recommends the City include 'a budget for providing office support to the City's Construction Manager during the construction phase. This support will include answering questions over the phone /e -mail, discussing issues, and providing general assistance as requested by the CM. For this proposal; we have assumed a total of two (2) hours per month over the twelve (12) month duration of the project. SCHEDULE Tetra Tech will be able to start work immediately upon receipt of the Notice to Proceed. We envision the design criteria will be able to be resolved, discussed with the City and decisions /directions made with the City within six (6) to eight (8) weeks from the Notice to Proceed. The updates to the plans and specifications, once the design criteria are agreed upon, can be completed within six (6) additional weeks. Therefore, we will be able to have plans and specifications ready for permit submittal to the City within three (3) to four (4) months from the Notice to Proceed. We are hoping that the PLC Panel design and control strategies will be able to be completed concurrently. SUMMARY Tetra Tech will perform these services on a Time and Material basis with the below Not -to- Exceed Fee, based on the hourly rate schedule included within our On -Call Water Resource Engineering Services Consultant Agreement with the City. Our Not -to- Exceed Fee includes all labor, materials, and other direct costs for all of the work anticipated within the above scope of work. 1 I Update Design Criteria 1 $ 42,700 I 2 1 Update Plans 1 $ 45,000 1 3 Update Specifications and Estimates $ 19,900 4 PLC Panel Design and Control Strategies $ 121,200 5 Bidding Support Services $ 5,000 6 Construction Support Services $ 131,200 Mr. Rudolfo Rosas August 25, 2014 Page 7 Attached is our estimated person -hours and corresponding fee breakdown per task based on our On- Call Consultant Agreement. Thank you again for the opportunity of submitting this proposal to continue working with the City on the San Lorenzo Lift Station project. If you have any questions or require additional information, please do not hesitate to give me a call. Sinc ly, s� AA�---- Epperson, . Project Manager Vice President, Engineering & Consulting Services TLE/te MAManagement\Drafts\Eppenon\SA San Lorenzo Extra Attachment ,'. "; CITY OF SANTA ANA Son Lorenzo Sewage Lift Station Proposal to Update Plans, Specification. and Estimates and Provide Bidding and Construction Support Services Fee Summary Task Description S Fees TOTALS SH Hurried P Project E Eng 11 and T EngI C CADD W WP H Total L Labor C Sub. _ E upaau now, alone _ a. P Pumps __ 2 2 S S 4 _ _ 0 0 __ 1_15 $ $2,485 _ $0 $2,435 a am 2 2 4 4 0 0 2 2 0 0 1 1 9 9 $ _ $ $0 $ $1,51] a a 0 0 2 2 0 0 2 2 0 0 0 0 4 4 $ $522 $ $0 $ $522 r 0 0 2 2 0 0 2 2 0 0 0 0 4 4 $ $522 $ $0 $ $522 wmrol 2 2 8 8 1 12 4 4 4 4 0 0 3 30 $ $4,364 $ $0 $ $4,354 lmmn 0 0 4 4 4 4 0 0 0 0 0 0 6 6 $ $1,160 $ $0 $ $1,160 r va. L..ar 0 0 2 2 4 4 2 2 O O 0 0 B B $ $1,022 $ $0 $ $1,022 a - 2 - 4 0 0- 0 0 1 10 $1,214 $ $a $ $1214 m mNacn 0 0 2 2 4 4 4 4 4 4 0 0 1 14 $ $1,]94 $ $0 $ $1,]94 xaao�m 0 0 2 2 4 4 4 4 4 4 0 0 1 14 _ $1,]94 $ $0 $ $1 ]94 ma m<xx<xl<n•__ 0 0 _ 2 4 4 4 4 0 0 0 0 1 10 $ _ $ $0 $ $1 214 1. r ros I-e _ 2 __ _ _ 2 8 4 4 4 0 0 2 22 $ $3,194 $ $0 $ $3194 upepu q q 4 4 4 4 _ 4 0 0 0 0 1 16 _ $2,664 _ $2,884 elm.pesmxlwe 0 0 _ _ 4 0 4 40 _ $ $1,410 $ _$0 _ $ $1,410 Eaxaul rrso s•awa 4 _ _ _2 8 4 4 4 4 0 0 2 23 $ $4,424 $ $0 _ _ $ p. c cpmiol evemsvcwramauon B B 8 8 0 0 0 0 0 0 0 0 1 16 $ $31600 $ $0 $ _$4,424 _ e a aem_or 2 2 4 4 2 2 0 0 0 0 0 0 8 8 $ $1,480 $ $0 $ $1,480 a'sn .mss 2 2 4 4 8 8 0 0 i i2 0 0 2 28 $ $3,9]0 $ $0 $ $3,970 Tnm«_ol wn.PI• _ 2 4 4 8 8 0 0 0 0 0 0 1 14 $ $2,230 s so _ _ _ 2 4 0 0 4 4 0 0 _ _2 1 12 $ $1,804 $ $0 _ $1,804 _aoso w ropme«a--k.a 0 0 0 0 1 1 0-0 0 0 0 0 0 0 $ $0 3 _ $ 306 '32 3 30 1 182 4 44 + +l 36 4 4 2 278 ; ;r$42,394 . .:$306 $ $427W: cmaamces r 1 2 _ 4 0 0_ 1 15 0 0 9 __ _ $3800 $ $0 _ 3 3800 b. e r1saop p 1 2 2 _ 2 D D q q 0 0 9 9 $ $1,445 _ $1,445 ia, s snen u.z, Ma.ne .a 3 3 f fi 1 12 0 0 1 18 0 0 3 39 $ $6866 $ _ $5,955 __ a a. s sn•el MSoeor waeou•vuW 1 1 4 4 8 8 _ _ 0 1 14 0 0 2 27 _ _ $3=975 $ $0 $ $3,9]fi_ eneei as 1 1 4 4 8 8 0 0 B B _ 0 1 19 $ $2,865 - $2,855 •(. s svunureltmlooa le enexx _ 0 0 0 0 4 4 0 0 4 4 0 _ 0 e - --s-112-80 $ $0 1 1,080 Is. s sneer ax. ssasaa 0 0 0 0 6 6 0 0 1 10 0 0 1 16 _ _$2200 _ $ $0_ $ $2,200 sns to =m <vola u,.amrel 1 1 2 2 4 4 0 0 8 8 0 0 1 16 - $0 $ $2,275 _snwi s aei cis (Mote, Paw, 1 1 2 2 4 4 0 0-8-0 1 15 $ $2,275 _ $0 _ $2,275 4 a aeeam (min«t 0 ahem) 2 8 8 1 10 0 0 2 20 0 0 3 38 $ _ $ $0 $ _ $ x. s sneai e�xwo.m vlenj 2 2 4 4 B B 0 0 6 6 0 0 1 18 $ $2,860 $ $0 $ $2850 upan.imus "PImax•ae 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ $0 $ $1,150 $ $1,150 pm=e <amp cny mmxe 4 4 8 8 1 16 0 0 1 1fi 2 2 4 46 $ $6,970 $ $0 $ $6,970 Bepr<eurnrnallmaae 0 0 0 0 0 0 6 6 0 0 0 0 0 0 $ $0 $ $2,460 $ $2,460 eve oa - -�18 x 1 14 0 02, 0 0 < > > 128 1 1 2 , ,274 $ $4113110 ; ;61➢ $ $45,00 " -' ups «a sp..amnon. _ .la mamenu. spenal pmNekna F 4 0 0 0 0 1 1 _ 1 _ _ $0 $ $1,325 n, s ssamanmro lsvava.y o(w «xl e _ 4 0 0 0 0 1 _ 1 _ $ $1,fi56 $ _ $ $1,655 10 0 0 0 0 0 0 4 4 1 18 $ $3,1]0 $ $0 $ $31]0 8 0 0 0 0 0 0 2 2 1 12 2 2,030 _ F-44 _ 8 0 0 0 0 0 0 2 2 1 10 1 1]50 $ $0 $ _ 8 2 6 0 0 0 4 4 1 12 1 11,460 $0 $ $1,460 e ' 'Emniumsoamm(asrenaml 2 2 2 2 0 0 0 0 1 1 6 6 $ $960 $ $0 $ $966 n. v vso aaa MCC 4 4 4 0 0 0 0 1 1 1 11 $i 825 $0 $ $1,025 6 8 8 0 0 0 0 _ $0 $ $2,]65 8 8 4 4 4 4 _ 0 _ _2 _ __1] _ _$2yB5 _ $ $0 $ $2,]]4 0 0 0 0 0 0 __ 0 __9__ 1 0 $ $0 $ $116 1 11fi sam «C ` `20 a a 50 e e 22 4 4 S S 7-1 1 18 - 1 120 : :° 19 ]84 prc pa <a see c <nrroi ay.mx�.• .soya aurae nmlvma• 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ $]5,003 $ $75,003 a. eannrn <n ones. suwmw 0 0 0 0 0 0 0 0 0 0 0 0 _ 0 $0__ $ $48820 _ panrulmage 0 0 0 0 0 0 0 0 0 0 1 _ 0 0 $ $0 $ ___$40620 $1,521 0 Y YO 0 0 0 0 $ $0 $ $121,200 ! !$4211200 ._ s � �eiaams svpp<n sourc=e nuana Amble meamg 2 2 4 4 0 0 0 0 0 0 O O 6 6 $ $1,230 $ $0 1 1,230 o. P Prepare Faaanm(a) 2 2 6 6 B B 0 0 4 4 2 2 2 24 $ $3,660 $ $0 $ $3,660 ewmaeaan,.,suw 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ $0 1 110 $ $110 sunwm 4 4 1 ' ' 12 ' - -9 0 0 - - 4 2 2 a ao L ( ($41890 : :$110 $ $600* coa.r e ea svppva s.aa<.. 2 0 0 0 0 0 0 0 0 0 0 z z $ $570 $ $35 $ $605 I s Drawl a•(av olp 1 12 _ _180 1 120 6 60 0 0 8 8 3 330 $ $54,640 $ $__ $ $54_840 foes (sarol 1 10 4 40 1 18 1 10 1 10 0 0 8 86 1 13,860 $ $0 _ $13,800 a. w weaoal<are maleOaim 1 10 2 20 0 0 0 0 0 0 0 0 3 30 6 6,150 s _ $ $6,150 amo, m.n aernloas (eo ncu,pt _ _ 0 0 0 _ _ a z zs _ 3 30 0 0 _ _so $ $]346 $ $0 $ $7,346 r a aMManv.l 2 22 8 8 2 24 1 15 0 0 4 4 5 54 $ $6,606 $ $0 $ $6,806 _ a a sorrow aaa.nw 1 16 6 64 0 0 0 0 - -0-0 5 50 _ $0 _ _ a•owra naexen <e lei 1 12 2 24 18 0 0 0 0 6 6 6 60 $ _$15,120 $ $0 _ $ _ a sa<nm 0 0 0 0 4 4 _ _ $ 0 5 56 $ $8,040 $ $0 _ 8,040 t 1 cM 0 12 1 12 0 0 0 _0 _ _52 0 0 _ $0 $ _ 8 wawae�n <mrmlwp. c 0 i i 0 0 0 0 _ 0 0 0 0 0 0 $ _$5,400 $ $3033 $ $5,033 eve w _ _]8 ,k. 3 348 � �iB6 1 112 s s .92' 1 18 t. 8 832 1 1 $128132 5 5$8 088 1 13220 '- Total x x150 ;° ; ; 540 - -380 1 160 2 266 4 44 1 1534 $ $236,590 . $ $129;410 $ $365,040 C 25F-1 7 TETRA TECH 25F -18 Mel • INN CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENT WITH VENTIV TECHNOLOGY, INC. FOR SOFTWARE MANAGEMENT OF CITY'S CLAIMS SYSTEMS {STRATEGIC PLAN NO. 7, 5 & 6} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rRIJ2061wel ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10/21/2014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances Approve and authorize the City Manager and Clerk of the Council to execute an agreement with Ventiv Technology, Inc., for the software required for the management of the City's workers' compensation and liability claims in an amount not to exceed $55,000 subject to non - substantive changes approved by the City Manager and City Attorney. The agreement includes a provision for a one -year renewal option exercisable by the City Manager and City Attorney in an amount not to exceed $55,000, a total of $110,000 for a two -year period. DISCUSSION The City self- administers its workers' compensation and tort liability claims. Management of these claims requires the use of proprietary software for the processing of payments, claim monitoring and compliance with reporting requirements. The City has utilized Ventiv Technology, Inc., (formerly AON eSolutions; formerly Valley Oak Systems, Inc.) since March 16, 1999. The agreement with Ventiv Technology, Inc., expires September 30, 2014. This agreement extends terms of agreement and amendments to September 30, 2016. The agreement renewal reaffirms the amount of annual maintenance fees and the hourly rate of professional services, data conversion, custom development and training. Escrow agent changes are also reflected. The term may be extended for up to one additional one -year period in an amount not to exceed $55,000 annually. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #5 Promote the use of new technology to improve the delivery of services to staff and the community and 25G -1 Agreement with Ventiv Technology, Inc. October 7, 2014 Page 2 Objective #6, Provide a positive workplace environment that supports the health of its employees and celebrates its success and Goal. FISCAL IMPACT It is estimated that this agreement will result in an annual cost not to exceed $55,000. Funds are available in the affected departmental accounts Liability & Property Insurance: (account no. 08009051 - 62300) and Workers' Compensation (account no. 08209054 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: �1 Edward S. aye Francisco Gutierrez Executive Director Executive Director Personnel Services Agency Finance & Management Services Agency 25G -2 CONSULTANT AGREi EMENT THIS AGREEMENT, made and entered into this _____ day of October, 2014 by and between Ventiv Technology Inc. Pk/a Aon e8olutions, Ino., a California corporation, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). A. Consultant and City entered into Agreement A 1999 -003, Bated March 16, 1999, for the installation, training and maintenance of the City's Personnel Services Agency's workers' compensation liability claims software program. Subsequent agreements and extensions have provided the City with uninterrupted use of the Consultant's software program, B. City as the licensee of Software Products owned and developed by Consultant desires to continue to utilize Consultant to provide upgrades, maintenance and support of the liability and claims software programs, Consultant represents that it 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 the field of workers' compensation statutory and regulatory compliance and is able to provide upgrades, maintenance and support of both the workers' compensation and liability claims programs to keep it in compliance with statutory and regulatory changes, in a professional and timely manner; 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 services at the level as set forth lathe Ventiv Support Service Level, attached hereto as Exhibit B and incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified, in the Renewal Information sheet, attached hereto as Exhibit A and incorporated herein by reference. The total sum to be expended under this Agreement shall not exceed.. $55,000,00 per year during the initial term of this Agreement. It is hereby agreed that the compensation rate for this Maintenance Agreement during any extension period shall either be the same as the current year's rate or at an increase not to exceed five percent (5 %). b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not 25G -3 be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. This Agreement shall commence on October _ 2014 and terminate on September 30, 2016, unless terminated earlier . in accordance with Section 12, below.. The term of this Agreement may be extended for up to three (3) one -year periods upon a writing executed by the Consultant, City Manager and the City Attorney at the fee as set forth in Section 2, hereof. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer`s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the perfonnance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. b. Professional liability (errors and "omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 25G -4 c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section- (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement, Ci i) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. £ ifConsultant fails or refuses to produce or maintain the insurance required by this section or .fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant agrees to and shall indemnify, hold harmless and defend the City, its officers, agents; employees, consultants, special counsel, and representatives from and against alt third - party claims, demands, actions, losses, damages or expenses (including reasonable attorney's fees and court costs related to such defense) (collectively "Liabilities'"} arising out of or resulting from: (1) willful misconduct or gross negligence of Consultant under this Agreement; or (2) bodily injury or death of any person or damage to real and/or tangible personal property directly caused by the negligence of Consultant, its personnel or agents in connection with the performance of the services hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY ITT If either party receives from the other party informations which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party agrees that it shall not use or disclose such information of the disclosing party except in the performance of this Agreement, and fiarther 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" shrill 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 i s covered by this Agreement The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources, (b) is, through no fault of the receiving party disclosed in a publicly available source; (c) is in rightful possession of the receiving party without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) is independently developed by the receiving party Without reference to information disclosed by the disclosing party. 25G -5 Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which world conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified .mail, postage prepaid, or sent by telef icsimile 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 tuna, CA 92702 -1988 Fax 714 - 647.6956 With Courtesy copies to: Personnel Services Agency City of Santa Ana 20 Civic Center Pla7a(M -41) P.C. Box 1988 Santa Ana, California 92702 Fax 714: 647- 6994 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 Consultant: Ventiv Technology loco Attn: Doug Wilson Ventiv Technology Inc. 5000 Executive Parkway Suite 340 San Ramona, CA 94583 P: 770.30$.5425 F: 770308.5601 25G -6 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 teiefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant; and supersedes any and all other agreements; oral or written, between the parties. In the event of a conflict between the terns 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 neither Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been trade by any party, or anyone acting on behalf of any party, which is not embodied herein.. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, neither party may assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the other party and any such assignment, transfer, delegation or subcontract without the other party's prior written consent shall be considered null and void; provided, however, that either party hereto will have the right to assign this Agreement to another entity in connection with a reorganization, merger, consolidation, acquisitions or other restnicturing involving all or substantially all of the voting securities and/or assets of the assigning party upon written notice to the non - assigning, party. Nothing In this Agreement shall be construed to Inuit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel. 12. TERMINATION This Agreement may be terminated by either party upon thirty (3 p) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such data and in such case such work product shall be 25G -7 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 falls to meet the standard of perfotniance specified in the Recitals of"this Agreement. In the event of termination by City, a- refund equal to the remaining prorated Maintenance Agreement price (i,e.: Maintenance Agreement price paid by City divided by 12 times the number of remaining months) shall be paid to City by Consultant within 60 days. t r Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or Other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state andloeal laws and regulations. Ibis 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. Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions tiecessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Aiwa and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals; waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 16. MISCELLANEOUS PROVISIONS a Each undersigned represents and warrants that its signature herein below has the power, autbority and right to bind their respective parties to each of the terms ofthis Agreement, and each party shall indemnify the other party frilly, including reasonable costs and attorney's fees, for any injuries or damages to a party in the event that such authority or power is riot, 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. 25G -8 11,1711 i at MUMM1101,051 Ig e' a M 0 RI ail i' .01� -d.. ° l s IMMO 25G -9 Glob*DOqs a Mmin Tax M# 68- 0331359 Renewal Information Sheet Included Modules and Interfaces: Workers' Compensation Module General Liability Module Check Printing Module Employee Interface Bill Review Interface CA Commutation Calculator CMS Module S user licenses 25G -10 Support Service Level 1. Definitions. 1.1 "Business flours" means the hours of g:QOatn to 9;00pm Eastern Time on all Business Days. 1.2 "Customer's Support Contacts" has the meaning set firth in Section b of this hedule V, , 1.3 "Error" means a material failure of the applicable Software to conform to.the tlructional specifications described in its Documentation. 1.4 "Error Corrections" means any modification, workaround, or routine intended to correct the practical adverse effect of an Error.. 1.3 "Follow-up Frequency" means the frequency of time that a support consultant will update the customer (electronically or otherwise) on the progress of commercially reasonable effem to resolve an issue. 1.6 "Release" means a modification of the Software, normally denoted with a new number to the immediate right or left of the decimal, which contains new features and functionality. Release does not include now products or modules of the Sofhvate for which Ventiv generally charges its customers an additional license or subscription fee. W "Response Time" means the amount of time from when the customer .properly reports an issue until s support consultant acknowledges receipt (electronically or otherwise) and initiates troubleshooting to resolve. 1.8 "Resolution 4,eal" means. the amount of time that is set as a goal to resolve an incident, Commercially reasonable efforts will be used to meet this goal. 1.9 "Severity Level' means the impact level assigned to an issue based on the level of service degradation or loss of functionality. 1.19" latches° means a change to the Software that may include patches, fixes, minor updates and Error Corrections, which Ventiv generally provides to its customers who receive customer support services, 2, Su20 Generally. 2.1 Ventiv will provide one or more reasonable means of communication to allow Customer's Support Contacts to contact Ventiv for assistance, in resolving problems with the Software C%elp Desk') in accordance with and during the hours of operation more specifically set forth in this Schgdu a C. The Help Desk will allow communication inaccordance with the table set forth in Section 7 below. 2.2 Because Customer has no rights in the source code version of the Software, and may only use the object code version of the Software, Customer may only maintain the Software at be administrative level and then only in a manner that will not cause corruption of the code. Customer is prohibited from attempting to support the Software (either itself or through a third party) in any way that would require access to the source code of the Software or would require any reverse engineering, reverse assembly or disassembly of the Software. Verily currently is the only entity authorized to support the Software at the code level and does not provide any of its customers the right to seem the source code in order to support the Software. 2.3 Ventiv will provide Customer Support Services for the "current release and "previous release" (major or minor). The ^end -of life" ("EOV) release will be eligible for emergency, externaldlriven interface changes with less than three (3) months' notice and defect resolution for issues of severity I — 3 to allow Customer to upgrade from the "EOL release" to either the "current release,' or the "previous release." 3. SuRpor# an ¢ l4aintanance. 3.1 Servk;es. Subject to the timely payment of the applicable Subscription pees set forth in the Order Pone, Ventiv, will provide the level of support identified herein in accordance with the support descriptions set forth below. Ventiv will notify (electronically or otherwise) Customer of any changes to such support - 25G -11 descriptions in each subsequent, renewal, as applicable. No other.maintenance or support for the Software is included in this Agreement. 3.2 Fear. Subscription Pees will be due and payable in acoordatico with this Agreement, Subscription pees are mars - refundable, once:paid to Ventiv: 4. rr rrec ions and a c 9.t As a part of the Customer Support Services, Ventiv will use commercially reasonable efforts to provide Error Corrections for all verifiable and reproducible Errors in the Saftwa€e in accordance with the Agreement and this Schedule 4.2 Asa part of the Customer Support Services, Ventiv will provide patches to the Software that Ventiv makes generally available to its customers who receive support services. 3. Now Recesses 5.l As a park of the Customer Support Services, Vent€v will provide to Customer new Releases of the Software as and when developed, except for new products or modules for which Ventiv generally charges a separate license or subscription fee, Ventiv is not obligated to develop new Releases ofthe Software„ 54 Ventiv will provide Customer, as part of the Customer Support Services, with new Releases created by Ventiv as a result of a change in law or new law that directly applies to existing functionality within the Software currently offered by Ventiv. As an accommodation and not as provision of legal advlec, Ventiv will take commercially reasonable offlarts to promptly notify Customer in writing upon becoming aware of any material changes to any applicable law or governmental regulations that may cause the current Release of the Software not to conform to such law or regulations. Notwithstanding the foregoing, in the event that the required modifications to the Software (€) would require a material ro- architecture or other significant product re- design, (ii) would require Ventiv, to obtain data which is either unavailable, or, which is only available at a material cost, or (if!) would otherwise require Ventiv to incur material expenditures (as measured against the fees charged tinder this Agreement), and Ventiv is not otherwise making such modifications for its other customers, then Ventiv may cease providing the affected Software in the affected jurisdiction. Customer is strongly encouraged to consult with its own attorneys and other advisors as to legal requirements in effec€ from time to time, 5.3 In the event that Ventiv intends to withdraw any Software from general availability for any reason whatsoever, Ventiv will provide Customer at Ieast six (6) months prior written notice of such withdrawal: 6.1 Ventiv provides unlit €es, scripts and documentation to enable self - hosted Customers to upgrade their own test and production environments. Ventiv hosted Customers arc entitled to one (l) test and one (1) production non- compliance related upgrade per year, included in their Subscription Fee. 6.2 if the upgrade request is outside of the scope of this Agreement as indicated in Sections 6.1 through 6.2 above, Ventiv wit l notify the Customer to that effect and reserves the right to charge Customer at Vastly's then current standard hourly rates, For which customer agrees to pay Ventiv promptly upon receiving an invoice. The following are examples of upgrade requests that are available from Wally: (a) Customer requested test refresh dauabase from production data in addition to the one refresh per year (Ventiv hosted Customers only); (b) additional upgrades in test or production environments required by the Customer through no fault of Ventiv; (c) upgrade or upgrade activities requested during non- business hours; (d) request for Ventiv to perform the test and/or production upgrades for self-hosted Customers. 7. Limilattong. 7.1 Ventiv is under no obligation to provide Customer Support Services with respect to: (a) Software that has been altered or modified by Customer or any third party,, (b) Software used on a system that does not meet 10 T..., 25G -12 the minimum hardware; software, operating system, mobile devise, and other system and configuration requirements set forth In the Documentation or provided by Ventiv; and (c) any software not both supplied by Ventiv and identified on an Order Form. 7.2 Customer Support Services does not Include researching Customer requests, researching and fixing anomalies caused by other vendors, making changes resulting from internal Customer business practices, enhancing system configuration and other similar tasks that are requested or required, but are outside of VendVs control. Causes or errors that are not a truretabie to Ventiv (and therefore would also be considered Additional Services) iimelnde, but are not limited to, the following: (I) accident: unusual physical, electrical or electromnguetic stress; new ect; misuse; failure or fluctuation of electric power, air conditioning or humidity control; excessive heating; fire and stroke damage; or Causes other than ordinary use; (if) use of the Software on equipment or rotation media other than the equipment for which such software was designed and licensed for use on; (iii) interconnection, interfacing or operation of the Software with other software products not supplied by Ventiv; cv) operation of the Software with other media, hardware, software or telecommunication interfaces not meeting or not maintained in accordance with the manufacturer's or onvironmetgal or Ventiv's specifications; (v) improper installation by the Customer or use of the Software that deviates froth any operating procedures established by Ventiv 'In the applicable Documentation or in environmental or taanufactimerspecifications, for example, virtual machine configuration; (vi) modification, customization, alteration or addition or attempted modification, customization, alteration or addition of the Software undertaken by the oustomer or its agents, assigns, contractors, employees or other's under the oustomer's control (vii) software programs made by Customer or other parties unless specifically covered in a Statement of Work between the Customer and Ventiv; (viii) Customer's failure to httplementcurrrent versions of the Software that are issued under this Agreement; (ix) introduetion of data into any database used by the Software by any means other than the use of the Software; (x) failure by Customer to respond to any action plates provided by Ventiv pursuant to a support call by Customer; (A) improper or incomplete 12EE app €ication server administration, or (Al) improper or incomplete database administration. 7.3 If Ventiv has created a third party interface ( "Third Party Interface ") to one of Customer's third parry products provided by another vendor ("Third Party Product") and such vendor modifies the Third Party Product causing the Third Party Interface to stop functioning properly, then the services required to modify the Third Party Interface as a result of the changes to the Third Party Product are considered outside the scope of Customer Support Services and would incur additional fees in accordance with Section 14 below: Services required to resolve any Customer.Cteated Error are outside the scope of Customer Support Services and would Incur additional fees in accordance with Section 5.4 below. 7.4 if a problem reported is outside the scope of this Agreement as indicated in Sections 5.1 through 53 above, Vastly will notify Customer to that effect and reserves the right to charge Customer at Vontiv's then current standard hourly rates, for 'which Customer agrees to pay Ventiv promptly upon teoClving an invoice, Certain requests, such as building custom modules, database objects, reports, utilities or other complex projects {"Additional ServkeC) may also incur additional fees beyond those associated. with Customer Support Services and will be detailed in anew Order Form and Statement of Work agreed between the parties and subject to the terms and Conditions of this Agreement. The following are examples of Additional Support Services that are available from Ventiv: (I) add -on data conversions; (it) implementation for any optional saitware modules; (iii) supplemental training; (iv) custom reports — defining, creating, testing or troubleshooting (Ventiv will help with "how do I add a table, column, field, etc," in Report Designer, but Ventiv will require a Statement of Work to help troubleshoot or clean up a modified or custom report (unless the custom report is specifically under maintenance; for example: "l tried to add to or modify my oustom report and now my auistanding indemnity figures are incorrect )); (v) IVOS upgrades during non - business hours; (vi) security configuration consulting or setup; (vii) data conversion Issues once hansitioned from implementation to support; (viii) Ventiv database changes, such as organization changes, combining insureds, reference table changes, eta; (ix) corrections to Customer's data, including, but not limited to, data modification for purposes of exportinglimpotting tolfrom the Ventiv database; (x) database administration sorvices (iVOS self - hosted only); (xi) M-Ei application administration (MOS self-hosted only); fXH) backup and recovery consulting (iVOS selfihosted only); (xiii) performance troubleshooting outside of the application; (xiv) any hardware or software problems beyond the control of Ventiv; (xv) network changes and network performance problems (xvi) support and maintenance of custom modules that are not covered under the Customer Support Services; '(xvii) custom enhancements, thr example: new check printing functionality or custom- scored procedures (e g„ p examiner), and (xix) for IVOS interfaces: (a) installation and configuration of any interface Software on hardware external to the Software server, (b) training on interfaces; (e) Customerinitiated changes to the interface specification (note that Ventiv reserves the tight to modify the interface specification for future enhancements); (d) Customer changes to systems external to Ventiv that result in any failures or performance problems with the Interface; or (e) bugs In a Customer's computer softwaro and hardware that result In interface operational failure. 75 The following types of requests will incur additional fees: (i (ii) performnnco troubleshooting outside of 0ue application; (iii) any hardware or software problems beyond the control of Ventiv; (iv) Customer network changes and network perfomance problems, (v) training questions; and (vi) documentation requests for documents available out the portal or online help. 74 Support is delivered in English only, unless Customer is in a location where Ventiv has made localized support available. $. Cttstagteg Citrliatloas. Customer will be responsible for the following: (a) reporting errors promptly; (b) providing sufficient information for Ventty to duplicate the circumstances of a reported Software defect or duplicate the error, as described in rte Specifications, so Ventiv can duplicate the error, assess file situation, and/or undertake any needed or appropriate maintenance action hereunder; (o) designating two (2) members of Its technical staff trained on the iVOS product to serve as Customer's sole representatives to contact 'Ventiv with maintenance issues ( "Customer's Support ComaeWT and (d) carrying out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures (or revisions, upgrades, enhancements, etc.) have been received from Ventiv. 9, Ritipiles Ventiv provides services through its Helpdask asset forth in the table below �!tQimr� `g5f� . Sttlllubrf p�sozdpiiusn � t7ai. k�olusshns Toll Free Hours available for live Monday - Friday Live Phone Support phone support 9:OOam — 9.00 pm EST Ventiv Holidays (US) Emergency after normal Emergency after -hours Business Hours on-call Support support (24 hours a day, 7 MUMS days a week - Severity I issues onl E -mail Support Ability to contact Support 1esponse will be end of Use live or emergency for throe e-mail next Business Dg Sevek I Self -Service Portal Online access to ticketing Response will be end of Use live or eitiorgency for Severity I system to report so Incident. next business Day PI - 24 x 7 through Vantly supliort toll frce tale hone number: 1- 800.980 »9460 P2 = 24 hours per da durina the five 5 business days and tnrou h day), excluding Ventiv holidays. P3 c During standard business hours (8;00 am to 9;00 pm) during the five (5) business days (Monday through Friday), excluding Ventiv holidays, P4 = Monday through Friday by region (North America, APAC and EMEA) during standard business hours (8:00 ant to 9.00 an exctudin Ventiv holida s, 12 10. [at ident R oamse fRr 8 uaefioaatifr oS the 3oStware. The Software is designod and configured to meet minimal functionality standards as described in the Documentation and the Statement of Work, The following table illustrates the response level and resolution goal for loss of functionality of the Software. 3evetlty Classilltpiton $gesllcr#ption ..: Tuff n 1LosPo ... IYme koiitaW i+ ue PLOW nrivarataf PI Critical a Ventiv Software is completely 30 minutes during Every 66 minutes ; B Business Hours , inaccessible or the majority of its critical Business Hours , during Business . functionality is unusable and no work Hours. After hours, around exists, update frequency will be mutually agreed upon. P2 -Major a One or more key futures of Ventiv 60 minutes during . One Daily Update 5 Business hays c Software is unusable and no work around Business Hours sent during by next schedule exists, Business Hours. maintenance window; whicheva is less Pi - Minor Non- critical functionality is down or I Business Day As Agreed As Agreed impaired • Hoes not have significant .current . production impact perfotmance is degraded P4 — General . How to, training items, requests for 5 Business Days As Alp=d . As Agreed Request general information e Enhancement requests 11. Customer ®btig}uions. Customer must make at least one of its two Customer Support Contacts available to work with the assigned Ventiv support resources) for all p I and P2 issues. If Customer's Support Contacts are unavailable to work with Ventiv, then the issue will be towered to a P3 issue, If su Issue Is considered Pl, customer most call the Helpdesk 12. Defect Rasoluffon. Should Ventiv, in its sole judgment, deter ai tie that there is a defect is the Software, it will, at its sole discretion, repair such defect in the version of the Software that Customer is currently Using or Instruct Customer to install a newer version of the Software with such defect repaired. Ventiv reserves die right to provlde Customer with a work around in lieu of fixing a defect should it, in its sale judgment, determine that it is more effective to do so. 13. Escalation bevels. 13 25G -15 $cYkk trite fiscalatius9B6fW #hdnfi9rtw109 # efrenes rt - critical I Stata2 P2 — Major P3 -- minor State 3 State t 14 25G -16 2 Business Hours 8 Business Hours 4 Business Hours 8 ,Business Hours REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: APPROVE AGREEMENTS FOR SPECIAL LEGAL COUNSEL SERVICES WITH COLANTUONO, HIGHSMITH & WHATLEY, PC. {STRATEGIC PLAN NO. 4, 1} CITY MANAGER il RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 18` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10/21/2014 eeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances Authorize the City Manager and the Clerk of the Council to execute a legal services agreement with Colantuono, Highsmith & Whatley, PC, for legal services at the specified rates below, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Colantuono, Highsmith & Whatley, PC The law firm of Colantuono, Highsmith & Whatley, PC is the preeminent law firm in the field of Utilities User Tax litigation and a leader in the defense of government entities in class action lawsuits involving revenue measures. The Colantuono firm has argued the two leading cases pertaining to UUT issues before the California Supreme Court and has defended dozens of cities against the same issues that are raised in the matter of Ruiz v. City of Santa Ana. The law firm shall provide service at a rate of $375 an hour for Attorneys Michael G. Colantuono and Holly 0. Whatley, $305 an hour for Attorney Charlie LaPlante and $245 an hour for Attorney Len Aslanian. Paralegal work will be charged at a rate of $160 an hour. A copy of the Colantuono proposal, Firm profile and key personnel profiles is attached hereto as Exhibit 1. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4, City Financial Stability, Objective 1. Maintain a stable, efficient and transparent financial environment. 25H -1 Legal Services with Colantuono, Highsmith and Whatley, PC. October 7, 2014 Page 2 of 2 FISCAL IMPACT The tort defense services would be paid out of the Personnel Department's Risk Management Liability Fund Account (account no. 08009051- 62302). All legal services provided pursuant to these contracts shall be paid for out of the City Attorney's Office's Other Contractual Services Budget (account no. 01108032-62300). APPROVED AS TO FUNDS AND ACCOUNTS: ✓u.'l, �� l LbM-t ID }eft A�f !a \. /u Sonia R. Carva ho Francisco Gutierrez City Attorney Executive Director Finance & Management Services Agency I Attachment 25H -2 Michael G. Colantuono MColantuono @CHWLAW. US (530) 432 -7359 September 26, 2014 VIA E -MAIL AND U.S. MAIL Jose Sandoval, Esq. Chief Assistant City Attorney City of Santa Ana 20 Civic Center Plaza, M -29' P. O. Box 1988 Santa Ana, CA 92702 Colantuono, Highsmith & Whatley, PC 300 S. Grand Avenue, Suite 2700 Los Angeles, CA 90071 -3137 Main: (213) 542 -5700 FAX: (213) 542 -5710 WWW.CHWLAW.US Re: Proposal to Defend Ruiz v. City of Santa Ana, Orange County Superior Court Case No, 30- 2014- 0073682&CU- MC -CXC Dear Mr. Sandoval: Thank you for the opportunity to propose our services to the City of Santa Ana in defense of Girardi & Keese's class action challenge to the City's amendment of its telephone users tax to clarify its incorporation of the Federal Excise Tax on Telephony (FET). We are well qualified and would be pleased to do so. EXPERTISE. As you know, our firm is the leader in defending California's local governments in class action challenges to revenue measures. We argued the two leading California Supreme Court cases on this issue: Ardon v. City of Los Angeles and McWilliams v. City of Los Angeles and are defending those cases on remand to the trial court. We have advised dozens of California cities on the FET issue and on other telephone tax issues. Indeed, we advised Santa Ana on this issue in 2011. We advised it more recently on its general fund transfer from its utility enterprise funds. Our current telephone tax disputes include defense of some 40 cities in Sipple v. Hayward, a challenge to the application of phone taxes to packages including internet telephony and several challenges to the application of Los Angeles' telephone tax, as well as Ardon and McWilliams. Our current class action case load includes these, as well 138607.1 25H -3 Jose Sandoval, Chief Assistant City Attorney September 26, 2014 Page 2 as water rate disputes involving the Montecito County Water District, the Sipple phone tax case, and water rate cases in Burbank, Glendale and Pasadena. No firm, we believe, has our depth in public revenue law, class action defense, and the City's own telephone tax ordinance. We have a very substantial track record on public revenue litigation, including six cases argued to the California Supreme Court and dozens of cases to every California District Court of Appeal, including Division 3 of the 4th District, which sits in Santa Ana. RESUMES AND RATES. We propose to defend this case with this team: me, Holly Whatley, Charlie LaPlante and Len Aslanian. Resumes for me and Holly and our firm profile are attached. Resumes for all members of our team are available on our website at www.chwlaw.us. Our rates range from $175 per hour for the work of first year attorneys to $475 for our most experienced lawyers. As a courtesy to the City, we will cap our rates for this project at $375. That rate will apply to me and Holly. Charlie's rate is $305 per hour and Len's is $245 per hour, although associate rates are adjusted in January of each year. Paralegal work will be charged at $160 per hour. OTHER ISSUES. We have no conflicts of interest that affect our ability. to represent you effectively in this matter and have the capacity to undertake the City's defense immediately — whether as trial counsel, co- counsel or as. a non - counsel -of- record consultant to your office. Again, thank you for the opportunity to propose our services. If we can provide further information to assist your review of this proposal, please let me know. Very truly yours, Mi hael G. Colantuono MGC:mgc Enclosures (3) Resumes for Michael G. Colantuono and Holly O. Whatley, firm profile 138607.1 25H -4 Michael G. Colantuono Colantuono, Highsmith & Whatley, PC (530) 432.7357 MColantuono @chwlaw. us MichaeL has specialized in municipal law since 1989. He is certified by the California State Bar's board of Legal Specialization as a Specialist in Appellate Law and is also a member of the California Academy of Appellate Lawyers, an association of fewer than 100 of the most distinguished appellate lawyers in California. He has argued five cases in the California Supreme Court and appeared in all six of the California District Courts of Appeal. Michael has expertise in a broad range of areas of concern to local governments in California, including constitutional law, land use regulation, open meetings law, elections law, municipal litigation, conflicts of interest, public utilities, LAFCO issues, and a wide range of public finance issues involving taxes, assessments, fees and charges. Michael is perhaps California's leading expert on the law of local government revenues, handling six cases on that subject in the California Supreme Court since 2004. California Chief Justice Ronald M. George presented him with the 2010 Public Lawyer of the Year Award on behalf of the California State Bar. The Speaker of the California Assembly appointed his as a member of the Board of Trustees of the California Bar, the state agency which regulates the practice of law in California. His fellow Trustees elected him Treasurer of the Bar. Michael currently serves as City Attorney for the Cities of Auburn and Grass Valley and as Agency or General Counsel for the Auburn Urban Development Agency Successor Agency, the Grass Valley Redevelopment Agency Successor Agency, the North Yuba Water District, the Yuba and Calaveras County LAFCOs, the First Five Yuba Commission, the Oak Tree Park and Recreation District, and the Garden Valley, Rough & Ready and Ophir Hill Fire Districts. He previously served as City Attorney of Barstow (1997 - 2004), Calabasas (2003 - 2012), Cudahy (1994 - 1999), La Habra Heights (1994 - 2004), Monrovia (1999- 2002), and Sierra Madre (2004- 2006), as General Counsel to the Barstow (1997 -2004) and Sierra Madre 1274302 25H -5 (2004 -2006) Redevelopment Agencies, and as General Counsel of the Big Bear City Community Services District (1994- 2001). As perhaps the foremost expert on Proposition 218, Michael assisted the Legislative Analyst's Office in the impartial analysis of the measure and co- chaired the committee which drafted what became the Proposition 218 Omnibus Implementation Act of 1997. He also chaired the committees which drafted the League of California Cities' Prop. 218 and 26 Implementation Guides. Michael was elected by his peers to serve as President of the City Attorneys' Department of the League of California Cities in 2003 -2004. Michael was appointed by the Rules Committee of the California State Assembly to the Commission on Local Governance in the 21st Century, The Commission was formed under 1997's A.B. 1484 to study the Cortese -Knox, Hertzberg Local Government Reorganization Act and the bulk of its recommendations became law as Chapter 761 of the Statutes of 2000. Michael graduated magna cum laude from Harvard University (BA 1983) and received his law degree from University of California, Boalt Hall School of Law (JD 1988), graduating first in his class. While in law school, he was an Articles Editor of the California Law Review and became a member of the Order of the Coif upon graduation. Michael was law clerk to the Honorable James R. Browning, Judge of the United States Court of Appeals for the Ninth Circuit, in 1988 - -1989. He taught Administrative Law as an adjunct Professor of Law at the Boalt Hall School of Law at the University of California, Berkeley in 1995 and is a frequent speaker an (I trainer on a wide range of public law topics. Michael comments on local government and municipal finance topics on Twitter ( @MColanwono) and LinkedIn ( Michael Colantuono ). Practice Areas: Appellate Advocacy Complex Litigation I ME P11170 25H -6 • Conflicts of Interest • Constitutional Law • Election Law • Local Agency Formation Commission (LAFCO) Law • Land Use, Planning and CEQA • Public Law • Municipal Revenues (Taxes, Assessments, Fees and Charges) • Public Utilities 127430,2 25H -7 Holly 0, Whatley Colantuono, Highsmith & Whatley, PC (213) 542 -5704 hwhatley @chwlaw.us Holly Whatley is a Shareholder of the firm and serves as the Assistant City Attorney of Sierra Madre and South Pasadena. She was previously City Attorney of La Habra Heights and Assistant City Attorney of Calabasas. She heads the firm's Litigation Department, focusing on public law disputes including post - redevelopment and other municipal finance issues, matters involving Local Agency Formation Commissions (LAFCOs), land use, CEQA, election, public works and employment law disputes. 'Holly has a particular expertise in litigating complex cases in a broad range of areas, including class actions against public agencies. She has represented cities in municipal finance litigation, including writ actions involving multi- million dollar claims. Recent engagements include a constitutional challenge to A.B. 1484, the post - redevelopment legislation now pending in the Third District Court on Appeal on behalf of four cities and their successor agencies, a $10 million per year dispute between Los Angeles County and 47 of its cities regarding property tax administration fees, a multi- million dollar dispute between a telecommunications carrier and over 30 cities regarding telecommunications user taxes, and a $24 million per year dispute between Chevron and the City of Richmond regarding business license taxes, She has ample experience in utility and other rate -making disputes including current matters involving water rates, groundwater augmentation charges, a dispute with Southern California Gas Co. regarding the cost to relocate mains in conjunction with a freeway interchange project, and other municipal revenue disputes. She also has significant experience in land use and election disputes. Holly has also represented state agencies in defending sexual harassment and retaliation claims and defending their employees from civil rights claims. She also has significant expertise in litigation regarding L AFCO law, including suits challenging annexation decisions. Holly leads our Elections Law practice and has litigated many elections disputes, including initiative proposals, ballot argument disputes and the like, including recent writ matters involving a voter- approved measure to increase business license taxes on Richmond manufacturers and an initiative cap on a special property tax to fund a new hospital for the Plumas Hospital District. Education: Holly graduated with a Bachelor of Arts degree cum laude from the University of Texas at Austin in 1988. She received her J.D from the University of 97572.8 25H -8 Texas School of Law in 1992 and joined the California Bar that same year. While in law school, Holly taught legal research and writing to first -year students. Practice Areas: • Municipal Advisory • Public Finance Law • Post - Redevelopment • Public Law • Employment Law 97572.8 • Land Use / CEQA • Election Law • LAFCO Law • Class Action Defense • Complex Litigation • Intellectual Property 25H -9 COLANTUONO, HIGHSMITH Sr WHATLEY, PC Firm Profile (213) 542 -5700 (530) 432 -7357 info@chwlaw.us Colantuono, Highsmith & Whatley is a municipal law firm with offices in Los Angeles and outside Grass Valley in the Sierra Foothills that represents public and private clients throughout California in municipal law, including public revenues, land use, elections, labor and employment, post - redevelopment, housing, the California Environmental Quality Act (CEQA), the Cortese -Knox- Hertzberg Act regarding Local Agency Formation Commissions, sex offender and marijuana regulation and associated public safety topics, and associated litigation. Our core commitment is to provide advice our clients find helpful, understandable, and fairly priced. The firm was recognized as one of California's Top Ranked Law Firms by Martindale - Hubbell in 2014 and Michael Colantuono, Terri Highsmith, Jenni Pancake, Michael Allderdice and Scott Howard have each achieved the highest AV rating from Martindale - Hubbell. Michael (2011— present) and Holly Whatley (2013) have been listed as among the Top Municipal Lawyers in California by the Daily Journal newspaper. Michael was awarded the 2010 Public Lawyer of the Year Award by the California State Bar, is a former President of the City Attorneys Department of the League of California Cities, Treasurer of the State Bar, and a member of the California Academy of Appellate Lawyers —a prestigious organization of fewer than 100 of the most respected appellate advocates in our State. Michael is also a Certified Appellate Specialist by the California State Bar's Board of Legal Specialization. Our firm includes California's leading experts on local government revenues, including Propositions 13, 62, 218 and 26 and our attorneys have argued six government revenue cases to the California Supreme Court in the past decade: Richmond v. Shasta CSD (2004), Bonander v. Town of Tiburon (2009), Greene v. Marin County Flood Control & Water Conservation District (2010), Arden v. City of Los Angeles (2011), Alhambra & 46 Other Cities v. County of Los Angeles (2012) and McWilliams v. City of Long Beach (2013). Our litigators have broad experience in public- sector litigation and such private- sector topics as general commercial litigation, employment law, and unfair competition. We have especially deep experience in 40841.27 25H -10 telephone tax litigation, including a current matter in which we are lead counsel in a case involving all 135 California local governments which tax telephony, and in class action challenges to local government revenue measures of all types, The firm serves as general counsel or city attorney of the cities of Auburn, Barstow, Calabasas, Grass Valley, Lakeport, Sierra Madre, and South Pasadena, the Successor Agencies to the Auburn, Barstow, Sierra Madre and South Pasadena Redevelopment Agencies, to Oversight Boards for Successor Agencies in Pomona, Rialto, San Gabriel and Temple City, the Carden Valley, Ophir Hill and Rough & Ready Fire Districts, the Orangeline Development Authority, the SELACO Workforce Investment Board, the Calaveras & Yuba County LAFCOs, the North Yuba Water District, the Oak Tree Park and Recreation District and the First Five Yuba Commission. The firm serves as special counsel to local governments throughout California. Present and recent clients include the cities of Anaheim, Belmont, Berkeley, Brentwood, Burbank, Cerritos, Chula Vista, Concord, Culver City, Cupertino, Fremont, Fresno, Glendale, Huntington Beach, Lakewood, Lathrop, Livermore, Lodi, Long Beach, Los Angeles, Monterey, Morgan Hill, Mountain View, Newport Beach, Oakland, Oxnard, Pacific Grove, Palo Alto, Paramount, Pasadena, Pico Rivera, Redding, Redondo Beach, Rialto, Richmond, Riverside, Salinas, San Juan Capistrano, San Diego, San Luis Obispo, San Mateo, Santa Ana, Santa Clara, Santa Fe Springs, Santa Maria, Santa Rosa, Sausalito, Simi Valley, South Lake Tahoe, Sunnyvale, Torrance, Tracy, Tulare, Vallejo, Ventura, Vernon, and Vista; the counties of Marin, Mariposa, Riverside, San Benito and Solano; the Goleta Water District, the Montecito Water District, the Newhall Water District, the San Diego County Water Authority, the Pajaro Valley Water Management Agency and the Monterey Peninsula Water Management Agency; Monterey Regional Water Pollution Control Authority and the Goleta West Sanitary District; the McKinleyville and Santa Lucia Community Services Districts; the Plumas Hospital District; the Los Angeles and San Diego Tourism Marketing District Corporations and the Calaveras, Orange, San Bernardino, San Diego, San Luis Obispo and Yolo County LAPCos. The firm recently completed a high - profile assignment for the County of Orange and has previously represented the cities of Irvine, San Bernardino, San Francisco, and San Jose. Please visit our website at www.chwlaw.us for more information. 40 &4127 25H -11 SPECIAL LEGAL COUNSEL SERVICES AGREEMENT This AGREEMENT, made and entered into this th day of October, 2014, by and California between Colantuono, Highsmith & Whatley, PC, a Professional Corporation ( "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ( "City"). RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of public entity finance issues, specifically, User Utilities Tax, and Class Action litigation defense and desire to undertake said services. 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. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney in litigation services related to City matters and other legal issues when and as requested by the City Attorney to do so. Attorneys accept said retention and agree to perform, in timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e -mail or letter. 2. PAYMENT FOR SERVICES RENDERED A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all of said services in regard to each such action, compensation at the rate of $375 an hour for Michael G. Colantuono and Holly O. Whatley, $305 an hour for Charlie LaPlante and $245 an hour for Len Aslanian in attorney billing. Paralegal work will be charged at $160 an hour. B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out -of- pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc). 1 25H -12 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, Director of Personnel, and anyone other person(s) designated by the City informed of significant events in the litigation, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports: a. 45 day initial evaluation of case and budget; and b. Pre -trial report 90 days before trial; 6. TERM The term of this Agreement shall commence on the date first written above and terminate three (3) years from said commencement date, unless terminated earlier pursuant to Section 13 below. The tern of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Attorneys' right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct of this Agreement. 8. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own 2 25H -13 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Attorneys: Michael G. Colantuono, Esq. Colantuono, Highsmith & Whatley, PC 300 S. Grand Avenue, Suite 2700 Los Angeles, California 90071 -3137 Facsimile: (213) 542 -5710 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other 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 3 25H -14 the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 13. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide reasonable notice to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which Attorneys may be involved. 14. DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any 4 25H -15 action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. MISCELLANEOUS PROVISIONS 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA David Cavazos City Manager COLANTUONO, HIGHSMITH & WHATLEY, PC By: Name: Michael G. Colantuono Title: Partner Tax ID No. 5 25H -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: APPROVAL OF QUALIFIED ENVIRONMENTAL CONSULTANT LIST TO PROVIDE ENVIRONMENTAL SERVICES AND TECHNICAL STUDIES {STRATEGIC PLAN NO. 3,3C) CITY MANA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on la' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreements with the below- referenced list of environmental firms to provide environmental services and related technical studies for the Planning & Building Agency at the fees set forth in their responses to Request for Qualifications in an aggregate amount not to exceed $1,500,000 for a period of three years, subject to non- substantive changes approved by the City Manager and City Attorney. Consultants: AECOM Bon Terra Psomas CAA Planning DKS Associates DUDEK Environmental Intelligence, ESA First Carbon Solutions ICF International Kimley -Horn & Associates LSA Associates, Inc. DISCUSSION PCR PlaceWorks Phil Martin & Associates, Inc. PMC RBF Consulting Rincon Consultants, Inc. LLC Stantec T &B Planning Templeton Planning Group UltraSystems Environmental, Inc. URS Corporation Americas Wieland Acoustics, Inc. In order to facilitate investment in the community, staff has identified ways to streamline the environmental process by pre - qualifying environmental consultants. While staff prepares many of the environmental services required for City as well as private development projects, larger and more complex projects often necessitate the hiring of environmental consultants to ensure all state - mandated requirements are satisfied. The hiring of these consultants adds additional and sometimes vital time to development processing. It requires staff to solicit City Council approval to request proposals from several consulting firms for the project, review the proposals, prepare a contract and staff report, and request City Council approval for the consultant. This process can add as much as two months to the development process for each project and, thus, cause substantial delay. 25AA -1 Environmental Consultants Agreements October 21, 2014 Page 2 Similar to many cities, the City of Santa Ana utilizes consulting firms to provide technical expertise relating to environmental services. Recently, the City has contracted with environmental firms to prepare complex environmental impact reports for such projects as Mater Del Parking Structure, Sexiinger Farmhouse and Orchard, Town and Country Manor, The Marke, Lyon Communities at 1901 East First Street and the Harbor Boulevard Mixed Use Transit Corridor Plan. There are two types of development projects where environmental services are needed by the City. The first type is a private development project in which case the developer would pay for the entire cost of the necessary environmental services required for the project. The second project type involves a City Agency such as Public Works, Planning, Community Development or Parks, Recreation and Community Services where the Agency requests environmental services associated with a City sponsored project. City sponsored projects may include street projects, programs, environmental consultation, and grant applications. In the case of a private development project requiring an environmental study, the developer is required to submit payment to the City for the full cost of the contracted service. This payment is placed in a special City deposit account (account no. 09801001- 24035). When the environmental report is completed, the City pays the consultant from this deposit account for work completed. In the case of City development projects, the respective agency would pay the consultant for environmental services from their project funding allocation. In both cases, this requested action would save vital time in the selection and contracting process for consultants. A request for qualifications was sent to 38 consulting firms earlier this year, with proposals from 23 firms received. These proposals were then evaluated and compiled onto a list of qualified firms. The list includes consulting firms that provide all disciplines of environmental and technical studies required to process development projects. It is recommended that the City enter into agreements with pre- qualified consultants for environmental services. These consultants then will be contracted with individually for specific projects each time a private developer initiates a new project in the City. City sponsored projects will have the option of using one of the pre - qualified consultants but will continue to use the existing contracting process. It is recommended that the consultant list be approved due to the technical expertise that the firms possess in providing environmental services and technical studies. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 3 (promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), Strategy C (explore opportunities to encourage a business friendly environment within the city through the reduction of non - essential regulatory requirements, improved coordination between agencies for development review and addition of monetary incentives {e.g. sales tax sharing, enhancing Small Business Incentive Program, etc.)). 25AA -2 Environmental Consultants Agreements October 21, 2014 Page 3 FISCAL IMPACT Developers are required to pay for the total cost of environmental services required for development projects. Fees for these services will be deposited into a special City deposit account (account no. 09801001 - 24035) in amounts not to exceed an aggregate amount of $1,500,000, and a like amounts will be expended from this account to pay consultants for environmental services for these development projects. This requested action will provide contracted environmental services only for City projects, but does not address any funding requirements or approvals. APPROVED AS TO FUNDS AND ACCOUNTS.` Karen Haluza Francisco Gutierrez Interim Executive Director Executive Director Planning and Building Agency Finance & Management Services Agency MF:rb W.'Environmental Consultants 2014 Exhibit: 1. Consultant Agreements 25AA -3 25AA -4 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 21' day of October, 2014 by and between Envlr- onmental Consulting Perm) , a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services and related technical studies. 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 environmental study and related technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the City Manager and Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the City Manager, Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the EXHIBIT 1 25AA -5 Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental pi rposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on October 21, 2017, unless terminated earlier in accordance with Section 13, below. The tern of this Agreement may be extended upon a writing executed by the City Manager, Executive Director of Planning and Building and the City Attorney, 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant $hall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against clairns arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurence. Consultant shall supply City with a fully executed additional insured 25AA -6 , endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance, Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident, d, Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement, (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of tennination, Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant 25AA -7 further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be doomed 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 tele£acsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M -20) P,O. Box 1988 25AA -8 and Santa Ana, California 92702 telefacsimile (714) 973 -1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) F.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: (Name of Environmental Consulting Firm) Address City, State, Zip telefacsimile (_) �- A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties, In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any proposal 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 parties, which are not embodied herein, 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION 25AA -9 This Agreement may be terminated by the City upon thirty (3 0) 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 tennination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work products completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a.. Each undersigned represents and warrants that its signature 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 darnages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 25AA -10 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: KAREN HALUZA Interim Executive Director Planning & Building Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: NAME Title: Tax ID# 25AA -11 EXHIBIT A CONSULTANT'S PROPOSAL AND PEESCHEDULE 25AA -12 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds, 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ]Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25AA -13 25AA -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AGREEMENT FOR CONTRACTED ARCHITECTURE AND URBAN DESIGN SERVICES WITH JOHN KALISKI ARCHITECTS {STRATEGIC PLAN NO. 3,2; 6,3} CITY MANA R, RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: y 09 _ " ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with John Kaliski Architects for architecture and urban design services in an amount not to exceed $40,000 for a period of three years, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Planning Division is currently reviewing several projects that will have long range architectural and urban design impacts on the City. These projects include The Heritage at 2001 East Dyer Road, The Madison at 200 North Cabrillo Park Drive, The 301 at City Place and The MET at 200 East First American Way. To enhance the architectural and urban design components of these and other significant development projects, the City has utilized the consulting services of John Kaliski Architects since September 2003. Mr. Kaliski's firm has been an integral asset to the Planning Division by providing invaluable input on major development projects that have resulted in improved design, better compatibility with surrounding neighborhoods, more pedestrian friendly developments, enhanced architectural details and more sustainable long -term development projects. Earlier this summer, staff sent a Request for Qualifications (RFQ) to several firms to establish a list of firms that could provide architectural and urban design services to the City. At the close of the RFQ process, only John Kaliski Architects submitted their qualifications. An agreement with Mr. Kaliski and his earlier firm, Urban Studio, was originally approved in September 2003 in the amount of $10,000. Since that date, the Council has approved several amendments that have extended the original contract until November 2014. In order to ensure that Mr, Kaliski can continue to provide feedback on critical development projects, staff is requesting that an agreement be executed with John Kaliski Architects in an amount not to exceed $40,000, This agreement will remain in effect for three years or until the funds are expended (Exhibit 1). 25BB -1 Agreement with John Kaliski Architects October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT Funds in the amount of $40,000 are available in the Planning and Building Agency account for contractual services (No. 01116510- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: VF:rb Wreport lKallskl contract.cc102114 Exhibit: 1. Agreement 25BB -2 Karen A. Haluza Francisco Gutierrez Interim Executive Director Planning and Building Agency Executive Director Finance & Management Services Agencyk VF:rb Wreport lKallskl contract.cc102114 Exhibit: 1. Agreement 25BB -2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this _ day of , 2014, by and between JOHN KALISKI ARCHITECTS, a sole proprietorship ( "Consultant"), and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of urban design and architectural consulting for the provision of on -call services to the City's Planning and Building Agency, B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide general urban design and architectural consulting services on an on -call basis to the City. The scope of services and budget is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work products that result from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with the City's computer system, as agreed between the Project Manager and Consultant, In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. P-- 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $40,000.00 during the term of this Agreement. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. ENEEN"WRL31 This Agreement shall commence on the date first written above and terminate three (3) years from said commencement date or upon the depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. S. 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 slid regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with Iimits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, 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 P-- Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant flxrther agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement, City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information, Confidential information includes not only written information, but also infornation transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement, The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Cotimcil 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 4 P-- With copy to: Executive Director of PBA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973 -1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant :John Kaliski ALA dba John Kaliski Architects 3780 Wilshire Boulevard, Suite 300 Los Angeles, CA 90010 telephone (213) 383 -7980 telefacsimile (213) 383 -7981 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed mid transnvtted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal 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. 25BB -7 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's ruse thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement, 14. NON - DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined, and prohibited by applicable law, in the recruitment; selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, P-- the City of Santa Ana and all other goverrnnental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for tenmination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hercinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attpn q By, Ryan RECOMMENDED FOR APPROVAL: KAREN HALUZA Interim Executive Director - PBA CITY OF SANTA ANA DAVID CAVAZOS City Manager JOHN KALISKI ARCHITECTS John Kaliski AIA Principal r -- • EHIBIT A SCOPE OF SERVICES (Attached) 25BB -10 3780 WILSHIRE BOULEVARD, SUITE 300 EXHIBIT A LOS ANGELES CALIFORNIA 90010 www.JohnkallskI.=t (213) 383.7980 ph (213) 383.7981 fa John KalisklAlA 0179451 URBAN STUDIO John Kaliski Architects On -Call Urban Design and Architectural Consulting Services for the City of Santa Ana September 1, 2014 John Kaliski AIA, dba John Kaliski Architects (JKA), an urban design and architectural professional services firm, shall provide on -call urban design and architectural services to the City of Santa Ana (City) that shall include but not be limited to the following: • Design review and assessment of projects proposed for development in the City • Development of planning, urban design, environmental design and architectural guidelines • Urban design, environmental design and architecture studies, concepts, and schematic designs • Architectural design facilitation • Urban design facilitation, and • Other related services that facilitate the City's urban design, environmental design and architectural work programs. JKA shall represent findings in written and /or oral form and as appropriate illustrative form and be available for meetings as requested by staff to represent the work provided by JI(A. Services shall be provided to City staff on an on -call basis per the attached fee schedule. For professional services consulting on a meeting - by- meeting basis, design review, and meetings, Principal will be invoiced at the consulting rate unless a specific project scope is agreed to in writing and in advance of work. 0210 140901 JKA SOW.docx 19/1/14 1 page 1 of 1 25BB -11 John Kaliski Architects 2014 PROFESSIONAL FEE SCHEDULE' Professional Staff Principal (consulting)' $220.00 per hour Principal (project) $165.00 per hour Project Manager $135.00 per hour Architect $120.00 per hour Senior Designer $100.00 per hour Designer Junior Designer Administration Intern $90.00 per hour $80.00 per hour $70.00 per hour $55.00 per hour Reimbursable Expenses General Reimbursable Expenses cost plus 10% Professional Consultants cost plus 10% Vendors Auto Mileage Outside Vendor Printing In -house Printing Large Format Plots 8.5 X 11 color copies 11 X 17 color copies Black & White copies cost plus 10 °% $0.55 per mile plus 10% cost plus 10% $1.00 /SF $1.00 per page $3.00 per page $0.10 per page Note 1 Fee Schedule valid through 1/1/15 or as noted per a professional services agreement Note 2 Principal will be invoiced at consulting rate unless a specific project scope is agreed to in writing in advance of work 25BB -12 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following; 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25BB -13 25BB -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AMEND AN AGREEMENT FOR CONTRACTED ENVIRONMENTAL SERVICES WITH PLACEWORKS (STRATEGIC PLAN NOS. 3,2; 5, 3) CITY MA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F—IT2001TOMWO ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on Od Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 91i4001EXI 7 Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with PlaceWorks to prepare an Environmental Impact Report and related technical studies for the Harbor Corridor Specific Plan for a period no longer than six months for an additional amount of $13,240 not to exceed a total contracted amount of $175,374, subject to non- substantive changes approved by the City Manager and City Attorney. In 2010 the City, with the assistance of a successful grant award from the Southern California Association of Governments (SCAG) and consultation from PlaceWorks, kicked off the Harbor Corridor Specific Plan study. The scope included analysis of the existing zoning, land use and transit. The scope also included extensive outreach to the community through a series of workshops, fairs and neighborhood meetings. Due to the potential for significant environmental impacts, an environmental impact report (EIR) was required for this project pursuant to the California Environmental Quality Act. A Request for Proposal was circulated to qualified environmental firms in 2010 as a part of the Harbor Corridor Specific Plan project. In 2010, City Council approved an agreement with PlaceWorks for $152,184 for contracted environmental review for the Harbor Corridor Specific Plan. During the Draft EIR review period, comments were received from the Orange County Sanitation District requesting further analysis of the sewer trunk lines. In addition, it was necessary to include a Water Supply Assessment in compliance with SB 610 (Senate Bill 610) requiring water assessment in conjunction with the Draft EIR. These additional items resulted in an amendment to the agreement be executed with Place Works for $9,950. At the City Council meeting on September 16, 2014, a number of revisions and additions were identified for follow -up action prior to finalizing the plan. These changes included modifications to the Development Standards to increase the permitted building height, setback /building 25CC -1 Amend an Agreement with Place Works October 21, 2014 Page 2 separation standards and additional building types (tower -on- podium). Included with these revisions will be additional illustrations within the plan showing examples of the increased building heights and step backs. Lastly, the EIR will be updated to reflect these revisions. Environmental Impact The awarding of a contract for preparation of an environmental impact report and zoning amendment is statutorily exempt from CEOA. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), and Goal No, 5 Community Health, Livability, Engagement and Sustainability, Objective No. 3 (to facilitate diverse housing opportunities and support efforts to preserve and improve the livability of neighborhoods). FISCAL IMPACT Funds in the amount of $13,240 are available in the Planning and Building Agency account for other contractual services (account no. 01116510- 62300). Karen Haluza Interim Executive Director Planning and Building Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services AgencyP MF:rb Mf/ managementaldeworldreportsrfcas /amend PlaceWorks Contract cc 10 -21 -2014 Exhibit: 1. Amended Agreement 25CC -2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT, made and entered into this day of , 2014, by and between PLACE WORKS, formerly known as _ THE PLANNING CENTER, 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. City and Consultant entered into Agreement #A -2010 -234, dated December 6, 2010, for a consultant having special skill and knowledge in the field of professional environmental reports and services, including the preparation of environmental documents for the Harbor Boulevard Mixed Use Transit Corridor Plan project ("said Agreement "). B. City and Consultant entered into First Amendment to Agreement #A- 2014 -172, dated August 25, 2014, amending said Agreement to increase the scope and compensation to include a water supply assessment in the environmental review. C. In accordance with the terns and conditions of said Agreement, the Parties desire to again add additional funds to said Agreement and extend the term of said Agreement through the expenditure of the newly allocated funds. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be amended to include those services necessary to complete the environmental documents for the Harbor Boulevard Mixed Use Transit Corridor Plan project, as set forth in Consultant's Scope and Budget Amendment dated September 20, 2014, attached hereto as Exhibit A and incorporated herein by this reference, 2. Section 3, COMPENSATION, the relevant portion of said section shall be amended to increase the compensation by $13,240.00, such that the total sum to be expended under this Agreement shall not exceed $175,374.00 during the extended term of this Agreement. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in fill force and effect. 25CC -3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM[: SONIA R. RVALHO City A rn , Ryan FOR APPROVAL: KAREN HALUZA Interim Executive Director - PBA CITY OF SANTA ANA DAVID CAVAZOS City Manager THE PLANNING CENTER WILLIAM HALLIGAN Principal 25CC -4 EXHIBIT A SCOPE OF SERVICES (Attached) 25CC -5 September 20, 2014 Karen Haluza, AICP Interim Executive Director City of Santa Ana Planning and Bullding Agency 20 Civic Center Plaza — M20 Santa Ana, CA 92702 Subject: Scope and Budget Amendment I Harbor Corridor Plan & FIR I SNT -11 Dear Ms. Haluza: On September 16, 2014, the Santa Ana City Council conducted a public hearing to consider adoption of the Harbor Corridor Plan and certification of the associated EIR. At that meeting, the City Council directed staff to revise the specific plan and amend the FIR as necessary to allow 10 -story development in the Transit Node District, PlaceWorks requests the following scope and budget amendment of $12,350 to prepare these changes and attend an additional City Council hearing This amendment would cover all work done from September 1, 2014 onward. 1. FIR memo to address revisions to project, Including revised findings ($3,040) Increased building height to 10 stories In one location and development caps. Memo will Identify revisions to the project description and aesthetics analysis. The analysis will Incorporate new illustrations (provided under separate task). This assumes that revisions would not result in any new significant impacts requiring recirculation. (new significant impacts would require a change order). Includes one round of City revisions. 2. City Council hearing ($1,400) Both the specific plan and FIR project managers will prepare for and attend additional City Council hearing to adopt /cert'ifythe specific plan /EIR, 3, Specific Plan revisions to reflect Council changes ($4,870) This Includes revisions to development standards (e,g„ building height, setback /separatlon, and permitted uses), graphics and maps, as well as edits to the specific plan narrative and land use descriptions. Additionally, PlaceWorks will augment the current Illustrations and show 10 -story buildings at one or both of the corners, stepping to 6 stories In the background, This Includes the creation of an Initial sketch showing building form and urban relationships for city's approval, followed by one -round of revisions, and a flnal colored Illustration. Finally, PlaceWorks will revise document after City Council adoption and prepare Fl nal Speclflc Plan document. 4. Clean Final FIR ($3,040) Following approval of the project by City Council, PlaceWorks will prepare a Final El consisting of all changes to the Draft FIR based on the Response to Comments /FEIR, Memo, and revisions approved at City Council. The product Is a clean FIR document that avoids the need to refer to both the Draft and Final FIR. Please let me know if you have any questions or need additional Information. Sincerely, PIACEWORKS Nicole Morse Colin Drukker Associate Principal Associate Principal S MacArthur Place, Suite 1100 1 Santa Ana, California 92707 1 714,966,9220 1 PlaceWorks.ccirn 25CC -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AMEND AGREEMENT WITH MARIANN LONG AND ASSOCIATES FOR ENERGY AND SUSTAINABILITY CONSULTING SERVICES (STRATEGIC, PLAN NO. 5, 2, A) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: AIRY► ► 0 As Recommended CI As Amended EI Ordinance on 1 " Reading EI Ordinance on 2nd Reading I� Implementing Resolution L7 Set Public Hearing For RILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Mariann Long and Associates for energy and sustainability consulting services, subject to nonsubstantive changes approved by the City Manager and City Attorney, to increase compensation by an amount not to exceed $26,040, for a total agreement amount of $381,545; transfer $17,822.50 in unused funds in the original agreement from Task 2A to Task 263, and extend the term to December 31, 2015. DISCUSSION The California Public Utilities Commission (CPUC) authorized Southern California Edison (SCE) to partner with cities to deliver energy efficiency programs to utility customers in SCE's service area, The City was awarded a partnership with Edison for 2010 -2012, which was extended through June 30, 2015, to jointly deliver energy efficiency information, training, and materials that would benefit Santa Ana customers. The Santa Ana Energy Leader Partnership (Partnership) optimizes the City's opportunities for achieving short- and long -term energy savings and reduced utility bills; and assists residents and businesses in understanding, managing, and reducing energy use and costs, In July 2011, the City was awarded funding by SCE as authorized by the CPUC to provide funding for energy efficiency strategic plan activities in support of the California Energy Efficiency Strategic Plan. This program enabled the City to perform a greenhouse gas (GHG) baseline inventory and energy analysis, develop an energy chapter for a Climate Action Plan (CAP), provide California Green Building and Leadership in Energy and Environmental Design (LEED) certification training, and hire an energy and sustainability consultant to coordinate and assist in implementation of these activities. In September 2011, the City entered into an agreement with Mariann Long and Associates to provide energy and sustainability consulting services. Her firm has been instrumental in the successful completion of the GHG baseline inventory and energy analysis, the California Green 25DD -1 Amend Agreement for Energy and October 21, 2014 Page 2 Sustainability Consulting Services Building and LEED certification training, development of an Energy Action Plan and Online Permitting System, and is nearing completion of the CAP. The recommended action will allow the City to benefit from an additional $8,525 made available by SCE for the development of an Energy Chapter in the Climate Action Plan, and for completing additional tasks, which include reporting and deliverables related to the Climate Action Plan. $17,515 in City funding will be needed to complete this work. The recommended action also provides for the transfer of unspent funds in the original Fee Schedule, from Task 2A (GHG Inventory) which is already completed, to Task 263 (Implementation and Monitoring Framework) which is currently in progress. The transfer of funds is needed due to the delays that resulted from changes in City management and varying guidance for structuring components of the Climate Action Plan. Responding to these changes in guidance required additional evaluations, extra work, and increased costs to develop the implementation timeline. The amendment also extends the term of the consultant agreement an additional six months to December 31, 2015. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability), Strategy A (complete the City's Climate Action Plan with measures to address water conservation, energy efficient buildings, and greenhouse gas emissions). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. However, continued implementation of energy efficiency programs and strategies would enhance the environment by improving air quality, reducing pollution, and conserving natural resources. FISCAL IMPACT SCE will make the funds available to the City on a reimbursement basis. City funds will be expended from the Public Works Administrative Services Contract Services – Professional account (No. 10117601- 62300). /Fre usavipour Executive Director Public Works Agency FM /MM /CK Exhibit: 1. Amendment and Scope of Work APPROVED AS TO FUNDS AND ACCOUNTS: 1� —– Francisco Gutierrez Executive Director Finance & Management Services Agency 25DD -2 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF SANTA ANA AND MARIANN LONG AND ASSOCIATES THIS THIRD AMENDMENT, made and entered into this 21'` day of October 2014 by and between Mariann Long and Associates, a sole proprietor (hereinafter "Consultant "), and the City of Santa Ana, a charter city and namicipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS; A. The California Public Utilities Commission authorized Southern California Edison (SCE) to partner with cities to deliver energy efficiency programs to utility customers in SCE's service area. Based upon this partnership, the City and Consultant entered into a two -year Agreement on September 6, 2011 (Agreement A- 2011.212) ( "said Agreement ") for Consultant to provide energy efficiency and sustainability consulting services including, but not limited to, 1) coordinate the services of technical consultants to develop a baseline green house gas inventory and climate action plan; 2) coordinate California Green Building and LEER Certification training for staff and committee /cormnission members; and 3) coordinate and lead the implementation of tasks, including all reporting requirements arising from the SCE California Energy Efficiency Strategic Plan Implementation Contract between City and Southern California Edison, B. Said Agreement was amended on November 30, 2012, to extend the Term, and again on November 4, 2013 to amend the Scope of Services, increase the Compensation and extend the Term. C. The parties hereto now desire to reallocate compensation under one Task in the Fee Schedule (Exhibit B to the original Agreement) which is already complete to a different Task on which Consultant is currently working. This transfer of funds is due to unforeseen changes in City management and varying guidance for structuring components of the Climate Action Plan. City guidance changes caused different evaluations, extra work, and increased costs under one Task, D. The parties also desire to increase the Compensation and extend the Term thereof, WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, as amended, the parties agree as follows: 1. Section 3 "Compensation" shall be amended and increased by an additional $26,040.00 for the projects /tasks as set forth in Exhibit A hereto, These additional funds are comprised of $8 „52,5.00 from Southern California Edison and $17,515.00 of City funds for completion of Task 2B. 25DD -3 2. Task 2A is complete and has money retraining in its budget ($17,822,50). Such remaining Rinds from Task 2A shall be reallocated to Task 2133. There shall be $17,822,50 allocated for completion of Task 2133, 3. Section 5 "Tenn" shall be extended through. December 31, 2015. 4, All other terms and conditions of the Agreement shall retrain in effect and unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agroement on the date and year first written above. ATTEST; Maria D. Huizar Cleric of the Council APPROVED AS TO FORM; SONIA R CARVALHO City Attorney Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency CITY OF SANTA ANA; David Cavazos City Manager CONSULTANT Mariann bong & Associates Mariann Long 25DD -4 Exhibit A Hourly Rate: Principal in charge $155.00 Total hours for projects 168 Total Fee Proposal $26,040 Tasks Task 2.B. — Oversee preparation and implementation of Energy Efficiency Chapter of the Climate Action Plan to be developed by a separately contracted technical consultant. Detailed ramp -down and shut -down plans and schedules Draft Energy Efficiency Chapter for the Climate Action Plan — October 31, 2014 Final Energy Efficiency Chapter for the Climate Action Plan — November 14, 2014 Draft Final Program Report — November 28, 2014 Final Report —December 15, 2014 Monthly Invoicing and Reporting — September to December 31, 2014 Prepare and submit Final Invoice and Program Report to SCE — January 31, 2015 Total Hours - 55 Enhanced Scope 2.13 - Oversee preparation and implementation of Citywide Climate Action Plan to be developed by a separately contracted technical consultant. Monthly Invoicing Climate Action Plan Annual Reporting template Coordinate the completion of any remaining work on the Climate Action Plan pursuant to Council timeframe and direction between November 2014 and December 2015. Overview of FIR Scope — Approach, Tasks, Deliverables EIR and Public Review process of Draft Climate Action Plan City Council Approval Process Total Hours - 25DD -5 113 25DD -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 CLERK OF COUNCIL USE ONLY; TITLE: APPROVED ❑ As Recommended AMEND AN AGREEMENT FOR CONTRACT ❑ As Amended BUILDING INSPECTIONS SERVICES WITH ❑ Ordinance on 16' Reading ❑ Ordinance on 2ntl Reading J LEE ENGINEERING, INC. (STRATEGIC ❑ Implementing Resolution PLAN NOS. 3, 3 AND NO,, 3, 5) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with J Lee Engineering, Inc. to provide on -call building Inspection services for a period no longer than three years and within the previously agreed amount of $500,000 (aggregate), subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION For many years the Building Division met or exceeded a 24 -hour turnaround time for all building, electrical, mechanical and plumbing inspections. This level of service was comparable to surrounding municipalities and represented the generally accepted performance goal for inspection services in the County. The Building Division was able to maintain this level of service with 15 specialty (electrical /plumbing) and combination building inspectors. Beginning in 2009, budget constraints and unfilled retirements resulted in the reduction of over 60 percent of inspection staff. While these reductions negatively impacted inspection turnaround times, the impact was lessened by a concurrent reduction in building activity due to the economic downturn. Building permit applications and inspection activity have steadily increased since 2010 as major development projects that were put on hold during the recession have restarted and new projects are being proposed. There are a number of large residential and commercial projects in various phases of the planning, design and construction process within the City including: Lyon Communities, a 258 -unit residential project at the corner of First Street and Cabrillo Park Drive, Legado at The MET, a 281 -unit residential project in MacArthur Place, the Discovery Science Center expansion which includes over 50,000 square feet of new exhibit space and Main Place Macy's building remodel which will include a new health club, entertainment and restaurant space. 25EE -1 Amendment for Contract Inspection Services October 21, 2014 Page 2 This continued growth from the building industry compounded by limited inspection staff has resulted in building inspection turnaround times of over five -days. On large projects, this substandard level of service results in increased costs to the developer as contractors are not able to continue construction until an inspection has occurred. On small projects, this delay in inspections often results in a property owner or contractor doing work illegally without permits. Over the last year Development Projects submitted to the Planning Division for design review has increased 33 percent. This increase is an indicator of continued future growth as development projects start with the Planning Division before progressing into building plan check and ultimately, permit issuance and construction. Additionally, the valuation of permits issued has also increased over the last year by 15.6 percent. This increase in building valuation indicates that the scope and scale of projects is also increasing as larger, and thus higher valuation, projects are being developed. These indicators of continued growth further underscore the need for adequate staffing levels to meet the needs of the development community. On September 15, 2014, the City Council approved an appropriation adjustment and resolution authorizing the Building Safety Division to start recruitments for three Combination Building Inspectors, one Senior Combination Building Inspector and one Permit Processor. While these recruitments are currently underway, there is an immediate need for building inspection services. The Planning and Building Agency has an existing contract with J Lee Engineering Inc. to provide on -call plan check services for customers requesting to expedite their plan check. Staff proposes to amend the scope of work for this contract to also include building inspection services as well as plan check services. J Lee Engineering Inc„ is able to provide highly qualified contract building inspectors who are fully versed in both commercial and residential construction code requirements and will make and immediate impact in reducing building inspection turnaround times. Once full -time staff is hired and inspection turnaround times brought back to acceptable levels, contract inspection services will be limited to overtime or special inspections requests, or during times of high inspection activity to ensure that turnaround times do not revert to the current unacceptable levels. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal No. 3 Economic Development, Objective No. 3 (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), and Objective No. 5 (Leverage private investment that results in tax base expansion and job creation citywide). 25EE -2 Amendment for Contract Inspection Services October 21, 2014 Page 3 FISCAL IMPACT The existing agreement with J Lee Engineering, Inc. is funded using fees paid by applicants requesting accelerated plan check in an aggregate amount of $500,000. While on -call building inspection services will be included under this agreement amount, inspection services will be paid from Planning and Building Agency accounts for other contractual services (account no. 01116520 -62300 and 01116500 - 62300) in an amount not to exceed $50,000. Karen Haluza Interim Executive Director Planning and Building Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency G8 MF:rb Mf /managementaldework /reportsrfces /Amend J Lee Contract- Building Inspection Services Exhibit: 1. Amended Agreement 25EE -3 25EE -4 FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, made and entered into this _ day of 2014, by and between I LEE ENGINEERING, 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. City and Consultant entered into Agreement #A- 2014 -171, dated September 8, 2014, for a consultant having special skill and knowledge in the field of municipal plan check services ( "said Agreement "), B. In accordance with the terms and conditions of said Agreement, the Parties desire to add on -call building inspection services to the scope of said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be amended to include on -call building inspection services, as set forth in the revised Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference. 2. Section 2, COMPENSATION, the relevant portion of said section shall be amended to include the hourly rates for inspection services, as set forth in the Hourly Rates Sheet, attached hereto as Exhibit B and incorporated herein by this reference. The total amount that may be expended under said Agreement, as well as all previously agreed upon rates for other services, shall not be affected by this amendment. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. J/J 25EE -5 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. ATTEST; MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R,.CARVALHO City A,4 r en h Hy: _ Ryan CITY OF SANTA ANA DAVID CAVAZOS City Manager J LEE ENGINEERING, INC. JAE LEE, PE, CPE, CASP President Tax ID# 25EE -6 EXHIBIT A SCOPE OF SERVICES (Attached) 25EE -7 EXHIBIT A SCOPE OF SERVICES General Description Building Safety Division of the City of Santa Ana foresees submittal of several large projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of plan checking, Scope of Services Consultant shall perform the following services for each assigned building plan review and inspection services. Detail review the mechanical, plumbing, electrical and building (architectural/structural) plans, Review supporting documents for industrial, commercial, residential and public buildings and determine compliance with applicable building standards as related to existing and proposed buildings. 2. Review the plans for compliance with California state - mandated regulations for energy conservation, disabled access and City Adopted Ordinances. 3. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as zone A01 or AE. 4. Recheck and approval of final plans and supporting documents to be provided without additional charge for recheck. 5. Submittal of approved plans and all supporting documents to the City of Santa Ana. 6. Provide all necessary liaison with applicants via fax, phone, e -mail or in person to expedite the review process and consult on complex code issues with City of Santa Ana Building Official. Plan review report to be customized for each project and be delivered via fax, mail or e- mail to City and the applicant, 8. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Engineer. 9. Plan reviewer to be consistent, accurate, available and responsive to the City and the applicant via phone, fax, e -mail and meetings. Also, the plan reviewer shall be available to the Building Official and his staff to help answer Code questions arising from review. 25EE -8 Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 10, Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the City office with owners, architects, engineers and contractors to discuss the Plan Check issues, 11. Plan reviewer to verify that the job description, square footages, occupancy classifications and type of construction, on the permit application agrees with the plans and specifications. Plan reviewer will also verify the building valuation based upon valuation costs used by the City of Santa Ana. 12, Initial PIan review to be complete within fifteen (15) working days and recheck within five (5) working days. 13. Deferred submittals, trusses, stairs, curtain walls, mechanical, plumbing and electrical plan reviews will be checked on an hourly rate of $85.00/hour when performed by a Certified Plans Examiner and a rate of $100.00/hour when performed by a Plan Check Engineer. 14. Consultant fee for review services to be 40% of the City of Santa Ana Plan Check Fee. 15. Provide as needed inspection services for residential combination, commercial building, commercial electrical, commercial plumbing, commercial mechanical and accessibility inspection. 25EE -9 EXHIBIT B HOURLY RATES (Attached) 25EE -10 HOURLY RATES For 2014 A. Hourly Rates for Inspection Services: Senior Inspector $ 80.00 Inspector $ 70.00 430 S. Garfield five., Suite 30.1, Alhambra, Qf6t E _Ile: (626) 284 -8906 s Fax: (626) 284 -8907 25EE -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED 1❑ As eroded AMEND AN AGREEMENT FOR PLANNING Amended ❑ As Amended AND ENVIRONMENTAL SERVICES WITH IBI' [I El on 2&' Reading ❑ Ordinance on 2ntl Reading GROUP FOR THE SANTA ANA GENERAL ❑ Implementing Resolution PLAN CIRCULATION ELEMENT UPDATE ❑ Set Public Hearing For (STRATEGIC PLAN NOS. 3,2A & 5, 6B) CONTINUED TO FILE NUMBER CITY RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with IBI Group for planning and environmental services to prepare the General Plan Circulation Element update, for a period no longer than one year for an additional amount of $33,000 not to exceed a total contracted amount of $533,000, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Assembly Bill 1358 (AB 1358), the 2008 California Complete Streets Act, requires that cities prepare a comprehensive update to their General Plan Circulation Element to incorporate the concepts of "Complete Street" design if it is determined that a substantial change has been, or will be, made to the Element. A Complete Street is one that supports the development of a balanced, multimodal transportation network that serves all users, whether they are driving, walking, bicycling or taking transit. The need to update Santa Ana's Circulation Element in order to incorporate the Fixed Guideway project triggered the AB 1358 requirement, and the necessity for a comprehensive update to the Circulation Element with Complete Street policies. A Request for Proposal was circulated to qualified planning consulting firms in 2011. Subsequently, the City Council approved an agreement with IBI consulting team for $500,000 to assist in the preparation of the General Plan Circulation Element update. The IBI Group's team of subconsultants includes Alta Planning, PlaceWorks (formerly The Planning Center), and Cornerstone Communications. Additional street reclassifications have been identified as opportunities for implementing complete street practices in Santa Ana, that require further traffic impact analysis. This traffic analysis is also needed to support an amendment to Orange County Transportation Authority (OCTA) Master Plan of Arterial Highways. The proposed contract amendment, not to exceed $33,000, will allow for completion of these technical studies, an updated traffic model, the incorporation of recent community feedback into the policy framework, and enhancements to promote a user friendly Circulation Element documents. 25FF -1 Amend an Agreement with IBI Group October 21, 2014 Page 2 ENVIRONMENTAL IMPACT The awarding of a contract for preparation of an environmental impact report and general plan update is statutorily exempt from CEOA. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal No. 3 Economic Development, Objective No. 2 (Create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy A (Complete a comprehensive update of the City's General Plan including the development of policies and implementation measures that directly relate to equitable economic development); and Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 6 (Focus projects and programs on improving the health and wellness of all residents), Strategy B (Incorporate the improvement of walking and biking lanes as well as the development of a citywide bike master plan into the Circulation Element of the City's General Plan). FISCAL IMPACT Funds in the amount of $33,000 are available for this amendment of which $18,000 is available in the Planning and Building Agency account for other contractual services (Account No. 01116510- 62300) and $15,000 in the Public Works Agency account for Measure M Funds (Account No. 03217660 - 66220, Project No. 12- 6754). Karen Haluza Interim Executive Director Planning and Building Agency AAJL�=_....-----=- Fr 6d M usavipour Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency MM:rb MACirculetlon\RMAmend Place Works Harbor Contract cc 10- 21- 2014.doc Exhibit: 1. Amended Agreement 25FF -2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, made and entered into this _ day of 2014, by and between IBI GROUP, a California general partnership ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "), RECITALS A. City and Consultant entered into Agreement #A- 2011 -198, dated September 13, 2011, for a consultant having special skill and knowledge in the field of circulation element updates and services ( "said Agreement "). B. In accordance with the terms and conditions of said Agreement, the Parties desire to add additional funds to said Agreement and extend the tenn of said Agreement through the expenditure of the newly allocated funds. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include those services necessary to complete the circulation element, including the study of additional intersections for the traffic analysis, as set forth in Consultant's Amendment Proposal No. 2 — Circulation Element Update dated October 9, 2014, attached hereto as Exhibit A and incorporated herein by this reference. 2. Section 3, COMPENSATION, the relevant portion of said section shall be amended to increase the compensation by $33,000.00, such that the total sum to be expended under this Agreement shall not exceed $533,000.00 during the extended term of this Agreement. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25FF -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. ATTEST: MARIA D. J IUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City At Al A By: Ryan . ] Assistant FOR APPROVAL: KAREN HALUZA Interim Executive Director - PBA CITY OF SANTA ANA DAVID CAVAZOS City Manager IBI GROUP DAVID CHOW, P.E. AICP Director 25FF -4 EXHIBIT A SCOPE OF SERVICES (Attached) 25FF -5 IBI Group TBI 10401 Von Karmen Avenue —Suite 110 Wine CA 92812 USA CROUP tel 949 833 5588 fax 949 833 5811 October 9, 2014 Melanie McCann City of Santa Ana 20 Civic Center Plaza, Ross Annex M -20 Santa Ana, CA 92702 AMENDMENT PROPOSAL NO. 2 - CIRCULATION ELEMENT UPDATE This letter proposal details IBI Group's request for an amendment under our contract with the City of Santa Ana for the Circulation Element Update project. Work efforts associated with this request involve additional work will be incurred by IBI Group that was not included in our original scope of services for this contract, The tasks listed below correspond to the tasks assigned in the original scope of services for this contract, The proposed budget for completing this work is attached to this letter. Task 4 — Evaluation of Master Streets and Highway Plan As part of the original contract, IBI Group completed an in- progress draft of the traffic analysis for the updated Circulation Element, Including analysis of the 32 intersections and 18 roadway segments where data was collected In Task 2. This analysis effort was focused around study intersections and roadway segments that were anticipated to be Included in the traffic analysis for the OCTA Master Plan of Arterial Highways amendment process and the preparation of the traffic study for the project environmental document. The analysis was completed during the first half of 2013, with the in- progress draft traffic analysis document submitted to the city in April 2014. Subsequent to initial traffic analysis effort, the city identified additional street reclassifications and modifications to the originally proposed reclassifications. These changes necessitated the collection of additional traffic counts (conducted by the city) for inclusion in an updated traffic analysis. Amendment No. 1 accommodated the additional coordination with OCTA to obtain updated OCTAM model forecasts, and updates to the traffic analysis to include the new model forecasts and an additional in the analysis 8 study intersections and 6 study roadway segments beyond those previously identified in the original scope of services. This new amendment Involves work efforts that will be completed by IBI Group to add additional intersections to the traffic analysis, as well as an allocation of funds to address additional potential street reclassifications or refinements to the OCTA model forecasts. At a minimum this additional analysis effort will include the seven locations identified by OCTA in their email dated July 29, 2014. The remaining budget assigned to this task ($8,000) would be allocated to modifying the analysis to include up to eight additional intersections resulting from the proposed reclassification of Broadway from a Secondary Arterial to a Divided Collector Arterial between Civic Center Drive and First Street, refinements to the analysis as a result of updated OCTA traffic modeling for this proposed reclassification, map updates, or additional administrative time for IBI Group as part of the project management effort. IBI Group will work with the city to identify the necessary work efforts for this remaining budget allocation and will invoice the amount as expended. The traffic analysis work effort will Include completion of the new analysis, using count data provided by the City of Santa Ana, IBI Group Is a group orfirms providing professional servloes 25FF -6 IBI Group City of Santa Ano — O*Nr B, 2014 Task 9: Prepare Updated Circulation Element This task will cover completion of edits to the circulation element. Changes to the policy framework will Involve primarily refining select goals and policies, enhancing background discussion, and completing a final format and grammar check. Our budget assumes that only minor changes will be necessary at this point. Although not all amendments to the appendix have been identified at this point, primary changes Include; •r Incorporating the Bicycle and Pedestrian Master Plan • Strengthening complete streets plan and transit zone based on recently completed outreach • Revising individual descriptions of the roadway, transit, pedestrian, end bicycling network • Adding readily available photographs where appropriate Placeworks will also refine up to four circulation maps in the Circulation Element policy framework. This will include importing linework, changing the base maps, amending colors and shades, and amending symbols in accordance with City direction. This effort assumes that prior line work was in GIS and then transferred to Illustrator for enhancement. Graphics supporting the Appendix are not included in this scope of work. PlaceWorks will prepare a powerpoint and make up to three presentations to Commissions /City Council. The powerpoint will be geared toward City policymakers, with rich graphics and higher level messaging, leaving detail to the circulation element and its many implementing policy and capital improvement plans. Should additional presentations be desired, we can provide additional presentations on a time and material basis or, conversely, City staff can use the existing powerpoint for any additional presentations. Given prior efforts on the circulation element, this scope of work assumes one final edit to be completed by the project team, with only minor changes thereafter. This assumes that City staff will review the document and provide direction prior to commence of work, with only final minor edits thereafter. The final document production will include photos and graphics that are readily available, but do not require drafting or amendment. Following completion, we will provide a high quality PDF for distribution. A detailed cost summary sheet is attached to this scope of work. Should you have any questions regarding this proposal, please de not hesitate to contact Bill Delo at (949) 833 -5588. We look forward to the opportunity to continue to work with and assist the city on this project. Sincerely, IBIG�roup David Chow, P.E., AICP Regional Director, USA West 25FF -7 Santa Ana Circulation Element - Amendment No.2 October 9, 2014 Task Task Description Bill Delo Colleen Hsieh Placeworks Staff 81 Staff Hours by Task Total Costs by Task Billing Rate $197.60 $79.86 $151.00 4 Evaluation of Master Streets and Highways 30 90 0 120 $13,115 9 Prepare Updated Circulation Element 0 0 130 130 $19,630 TOTAL STAFF HOURS 30 90 130 250 TOTAL LABOR COSTS $5,928 $7,187 $19,630 $32,745 OTHER DIRECT COSTS Traffic COLInts $0 Copies /Phone /Mileage /Miso $255 TOTAL OTHER DIRECT COSTS $255 TOTAL STANDARD FEE $33,000 25FF -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AGREEMENT AMENDMENT WITH MARIPOSA LANDSCAPE FOR LANDSCAPE SERVICES IN DISTRICT FOUR (STRATEGIC PLAN NO. 6, 18) 1 CITY M2EGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on tat 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 an amendment to the agreement with Mariposa Landscape for landscape maintenance services, increasing the compensation by $179,502, which includes a 10% contingency, to an amount not -to- exceed $1,155,665, for a period from November 16, 2014 to January 31, 2015, subject to non- substantive changes approved by the City Manager and the City Attorney DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the landscape maintenance of all City parks and recreational facilities. The landscape maintenance is currently divided Into four park districts and the Civic Center. On August 14, 2014 the City received a 90- day termination letter from Azteca Landscape, the company maintaining District four. On September 16, 2014 City Council approved the release of an RFP for District four, along with two other districts. To allow time to receive and evaluate proposals; staff is requesting an agreement amendment for the period of November 16, 2014 through January 31, 2015 with Mariposa Landscape, who currently provides excellent landscape maintenance service in District three. Mariposa will provide service for District 4 at a cost of $65,273.67 per month ($163,184.00 for 2 '/2 months). A 10% contingency ($16,318) is also included for unanticipated work for a total increase of $179,502. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #1, Establish and maintain a Community Investment Plan for all City assets, Strategy b, Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users. FISCAL IMPACT Funds are available in the PRCSA -Park Maintenance M &R Buildings and Grounds account (no. 01113250 62320) and Police Department - Contractual Services account (no. 02614450 62300). 25GG -1 Agreement Amendment with Mariposa Landscape October 21, 2014 Page 2 4d Gerardo Mou t, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, vu Oz° Executive Director Finance and Management Services Agency, i 25GG -2 AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT THIS AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT made and entered into this 21" day of October, 2014, by and between Mariposa Landscapes, Inc., a California corporation ( "Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Landscape and Maintenance Agreement A -2014- 015, dated January 6, 2014 (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks, District 3 covering eleven (11) City properties. B. The parties now desire to amend said Agreement to add District 4 to the Scope of Work and properties for Contractor to maintain on a short-term basis in order to complete the Request for Proposals process. C. The parties also wish to amend the Compensation clause of said Agreement to cover such additional 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 1, SCOPE OF SERVICES, shall be amended to include the following language pertaining to District 4: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 4, as set forth in the Specification for Routine Maintenance, attached hereto as Exhibit A, attached hereto, in conformance with City's Request for Proposal 13 -010 (RFP) dated May 14, 2013 on file at the Parks, Recreation and Community Services administrative offices and the maps included therein. All referenced documents are incorporated in this Agreement by reference. The Executive Director of Parks, Recreation and Community Services Agency may order additional services for unanticipated but necessary services required during the term of this Agreement." 2. Section 3. COMPENSATION, shall be amended and updated to include the following: "c. City agrees to pay, and Contractor agrees to accept as total payment for its services covering District 4, a fee of $65,273.67 per month ($163,184.00 for 2Y2 months). The total sum to be expended under this Amendment for the services at District 4 shall not exceed One Hundred Seventy -Nine Thousand Five Hundred Two 25GG -3 Dollars ($179,502.00), which includes a ten percent (10 %) contingency of $16,318.00 for unanticipated work needed in District 4, through January 31, 2015. Section 4, TERM, shall be amended to include the following pertaining to District 4 services: "The Term of this Agreement with regard to District 4 only, shall commence on November 16, 2014 and terminate on January 31, 2015, unless terminated earlier in accordance with Section 13, below." 4. Except as hereinabove agended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: di _� L Lisa Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager "CONTRACTOR" Mariposa Landscapes, Inc., Terry Noriega President 25GG -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: PURCHASE AGREEMENTS WITH JOHN R. CHRISTENSEN AND ANTONETTE L. CHRISTENSEN FOR BRISTOL STREET IMPROVEMENTS (PROJECT NO. 116740 NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1, G; AND 3, 2, C} �-- CITY MANAGE 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 purchase agreement with John R. Christensen and Antonette L. Christensen, husband and wife, as joint tenants of the property located at 1421 North Bristol Street (APN 405 - 252 -18), in the amount of $425,000, for the full purchase price for said real property and goodwill (if any), subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that will be constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is assisting with property acquisitions for development of Phase 1116, bounded by Washington Avenue and Seventeenth Street, and expects to complete the acquisition process by December 2014. Construction is anticipated to begin in early 2015. To accommodate the widening for Phase 1116, acquisition of the entire property located at 1421 North Bristol Street is required (Exhibit 1). An offer based on the appraised values prepared by a licensed appraiser in the State of California was made and accepted by the property owners. The compensation amount is $425,000 (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City 25HH -1 Purchase Agreements with Christensen for Bristol Street Improvements October 21, 2014 Page 2 of 2 Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement /Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase IIIB which lies between Washington Avenue and Seventeenth Street, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on June 3, 2014. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (Account 05917661- 66220) and Measure M2 Street Construction Fund (Account 03217662 - 66220). Fre Mousavipour Executive Director Public Works Agency FM /EWG /KN Exhibits: 1. Location Map 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25HH -2 4 (NTS) 18TH STREET N 0 0 P P r> NO IMPACT 17TH STREET 405.252-21 MATCHLINE SEE TOP RK?HT 4'aw:1145 = - SUBJECT PROPERTY -ACOUIREU PROPERTIES MATCHLINE SEE BOTTOM LEFT EXHIBIT 1 WASHINGTON AVENUE SANTA ANA TITLE: ^ PURCHASE AGREEMENTS WITH JOHN R. ■ IAI A ■ CITY COUNCIL CHRISTENSEN AND ANTONETTE L. VV FNNi OCTEONBEER 21 2014 CHRISTENSEN FOR BRISTOL STREET „E, I IMPROVEMENTS (PROJECT NO. 116740 25HH -3 W W i ! a w o � ! w J O � e w m r 405-252-22 405.252-21 MATCHLINE SEE TOP RK?HT 4'aw:1145 = - SUBJECT PROPERTY -ACOUIREU PROPERTIES MATCHLINE SEE BOTTOM LEFT EXHIBIT 1 WASHINGTON AVENUE SANTA ANA TITLE: ^ PURCHASE AGREEMENTS WITH JOHN R. ■ IAI A ■ CITY COUNCIL CHRISTENSEN AND ANTONETTE L. VV FNNi OCTEONBEER 21 2014 CHRISTENSEN FOR BRISTOL STREET „E, I IMPROVEMENTS (PROJECT NO. 116740 25HH -3 25HH -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on .................. 2014, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and John R. Christensen and Antonette L. Christensen, and Successors, as Trustees of the Christensen Family Trust, Dated July 12, 2005 (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1421 N. Bristol Street, Santa Ana, CA) (APN: 405 - 252 -18) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Four Hundred Twenty -Five Thousand AND NO 1100 Dollars ($425,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 25HH -5 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the Joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 90 days of the City's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B "° attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B " of the General Provisions of this Agreement. 5, Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City Is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Four Hundred Twenty -Five Thousand AND NOM 00 Dollars ($425,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be 25HH -6 prorated as of the close of escrow on the basis of a 30 -day month /360 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lest rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. .lust Compensation , Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is: John R. and Antonette L. Christensen 2743 N. Olive Lane Santa Ana, CA 92706 14. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 15. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 16. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 251227, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (ill) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) 25HH -7 defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.G. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 at seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et sue. (42 U.S.C. S9601). 17. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 18. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (1) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 19. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 20. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 21. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 22. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 23. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 24, No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The 25HH -8 provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 25. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 26. Duty To C000nerate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 27. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 26. Authority to Execute Agreement. 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 PSA, 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. 29. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25HH -9 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above, SELLER: John R. Christensen and Antonette L. Christensen, and Successors, as Trustees of the Christensen Family Trust, Dated July 12, 2005 J h R. Christensen Antonette L, Christensen City /Buyer City of Santa Ana David Cavazos City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: Date: q / F- , 2014 Date: Date: 2014 Date: 2014 Date: (;&-I �, 2014 andovaI Chi ssistant City Attorney 25HH -10 EXHIBIT "A„ LEGAL DESRIPTION Real properly In the City of Santa Ana, County of Orange, State of California, described as follows: THE NORTH HALF OF THE FOLLOWING: BEGINNING AT A POINT IN THE CENTER LINE OF BRISTOL STREET DISTANT 915,48 FEET SOUTHERLY FROM THE COMMON CORNER OF SECTIONS ONE, TWO, ELEVEN AND TWELVE, TOWNSHIP FIVE SOUTH, RANGE 10 WEST, S,B.B. & M,, SAID POINT BEING THE SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO W. A. GREENLEAF BY DEED RECORDED DECEMBER 22, 1925 IN BOOK 619 PAGE 225 OF DEEDS, AND RUNNING THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID TRACT CONVEYED TO GREENLEAF 174.60 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO EVERETT C. HUNTER AND WIFE BY DEED RECORDED MAY 4, 1937 IN BOOK 881 PAGE 417 OF OFFICIAL RECORDS, BEING IN THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF LOT TEN OF TRACT NO, 863, AS SHOWN ON A MAP RECORDED IN BOOK 26 PAGE 30 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTHERLY ALONG SAID EXTENDED LINE 114.08 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID TRACT NO. 863; THENCE WESTERLY ALONG SAID NORTHERLY LINE 174,72 FEET, MORE OR LESS, TO THE CENTER LINE OF BRISTOL STREET, THENCE NORTH ALONG SAID CENTER LINE 114.29 FEET TO THE POINT OF BEGINNING. APN:405- 252 -18 25HH -11 EXHIBIT "B„ GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25HH -12 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL TABS X APPROVED Al TO FORM BY ATTY. APPROVED OY DIRECTOR DESCRIPTION WRITTEN BY DESCRIPTION CNB=.O.K. A, P. NUMBER 405 -25218 R/W MAP NUMBER PROJECT NUMBER 1421 N. Brietal Stroet, Snutn Ana, CA DEED NUMER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John R. Christensen and Antonette L. Christensen, and Successors, as Trustees of the Christensen Family Trust, Dated July 12, 2005 Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, all that real property in the City of Santa Ana, County of Orange, State of California, located at 1421 N. Bristol Street, described as follows: SEE EXHIBITS "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated / " IF-11" Dated y: John R. Chri tensen By: Antonette L. Christensen 25HH -13 25HH -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AGREEMENT WITH FLEMING ENVIRONMENTAL, INC., FOR DESIGN - BUILD SERVICES TO PROVIDE SITE IMPROVEMENTS FOR NEW PROPANE FUELING STATION {STRATEGIC PLAN NO. 5,2) CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0:2:201F/4.. ❑ As Recommended ❑ As Amended ❑ Ordinance on V' Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement for design -build services with Fleming Environmental, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide site improvements for a new Propane Fueling Station at the Santa Ana Corporate Yard, in the amount of $155,229, plus a 15 percent contingency of $23,284, DISCUSSION The recommended action will enable the design and construction of site improvements and infrastructure for installation of a new Propane Fueling Station at the City of Santa Ana Corporate Yard. The City Council previously awarded a contract to Arro Autogas for the propane fueling equipment, propane fuel, and a service agreement on March 18, 2014. The City of Santa Ana Corporate Yard was constructed in 1994 with gasoline and diesel fueling stations. In response to the availability of and growing need for alternative fuels, compressed natural gas and hydrogen fueling stations were later added. In February 2011, Fleet Services prepared the "City of Santa Ana Green Facilities, Fleet and Central Stores Strategic Plan" in an effort to continue and expand the process of creating an environmentally responsible facilities, fleet, and stores operation. Addition of a propane fueling facility is in alignment with that plan. In 2012, Fleet Services was successful in receiving "Clean Transportation" funding from the South Coast Air Quality Management District, which will fund this project. On July 16, 2014, the Public Works Agency released a Request for Proposals. Two proposals were received on August 13, 2014, evaluated and ranked by a review committee comprised of personnel from Public Works and the Facilities & Fleet Services Manager. Ranking criteria included firm and personnel experience, understanding of need, relevant project experience, schedule, references and fee. The rating of the two firms is as follows: 2511 -1 Agreement with Fleming Site Improvements for a October 21, 2014 Page 2 Environmental, Inc., for New Propane Fueling Station NAME OF FIRM RATING Fleming Environmental, Inc. 88.3 FASTech, Inc. 80.3 It is recommended that the agreement be awarded to Fleming Environmental, Inc., in the amount of $155,229, plus a 15 percent contingency of $23,284, for a total agreement amount of $178,513. The Consultant is obligated to complete all construction related work under the contract within 45 working days from the date of issuance of the "Notice to Proceed." The agreement will terminate upon the City's acceptance of the project via a "Notice of Completion." STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement, and Sustainability; Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT Environmental Review No. ER- 2014 -11 has been completed and a Notice of Exemption has been filed pursuant to the California Environmental Quality Act. FISCAL IMPACT Funding is available in the Air Quality Improvement Fund (Account No. 03110101, Activity No. 11130001028). U, �L-- 4F,eMou.1avipo r Executive Director Public Works Agency FM /EWG /SF Exhibit: 1: Agreement 2: Location Map APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 2511 -2 THIS AGREEMENT, made and entered into this _ day of , 2014 by and between Fleming Environmental, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing tinder 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 designing and constructing site improvements and infrastructure for installation of a new propane fueling station at the City of Santa Ana Corporate Yard. B. Consultant represents that it 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. Consultant assumes full responsibility to City for the improper acts and omissions of its Subcontractors or others employed or retained by Consultant in connection with the Project. 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: I SCOPE OF SERVICES Consultant shall perform Design and Construction services as set forth in Exhibit A to this Agreement, specifically those services as identified at pages 10 -21 of the City's Request for Proposals # which is incorporated herein by reference. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $155,229 during the term of this Agreement. Invoices. Consultant 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 Agreement shall be submitted in a format approved by the City, Invoices shall include the following information at a minimum: I. Consultant's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) 2511 -3 iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and % of total services completed Payment by City shall be made within sixty (60) days following receipt of proper invoice evidencing work performed, subject to City accounting proccdures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Standard Specifications (the "Greenbook "), and preliminary Design Scope Specification, all Design Documents hereafter prepared by Consultant and approved by City in accordance with this Agreement, The Contract Documents also consist of Change Orders issued hereafter, along with any other written amendments executed by City and Consultant, as well as the following documents: Request for Proposal, Consultants Response to Request for Proposal, and Bid Proposal, all of which are hereby incorporated herein by reference and made a part of this Agreement. This Contract is intended to be an integral whole and shall be interpreted as internally consistent and in accordance with section 2 -5.2 of the "Greenbook", Work required by any page, part, or portion of the Contract shall be deemed to be required Contract Work as if called for in the whole Contract and no claim for extra work shall be based upon the fact that the description of the work in question is incomplete. 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 other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Nothing contained in this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between City and any person except Consultant, 4. CHANGES AND EXTENSIONS OF TIME a. City's Right to Order Changes: Changes in the Design Services or the Construction Work under this Agreement, consisting of additions, deletions, revisions or any combination thereof, may be ordered unilaterally by City without invalidating the Agreement. Such changes shall be communicated by Change Order or supplemental agreement, as applicable. Consultant shall proceed diligently with any changes, and same shall be accomplished in strict accordance with the following terms and conditions as set forth herein. b. Changes and Extensions of Time: All change orders, changes requested by Consultant, or extensions of Contract Time occurring during construction of the Project related to actual Construction Work shall be governed by section 5 of this agreement. All changes to the scope of Design Services or extensions of the agreed upon Design Schedule during the 2511 -4 design process shall be trade by mutual agreement of City and Consultant, and claims for an increase in design compensation due to a change in the scope of design construction Work or for an extension of time to the Design Schedule shall be made in writing within seven (7) calendar days after occurrence of the event that gives rise to the claim, All requests for additional compensation due to a change in the scope of Design Services, and all requests for an extension of time to the Design Schedule, shall include sufficient backup documentation for City to reasonably understand the request and the amount of time or compensation requested and to determine the merits of the request, c. Adjustments to Price or Contract Time: Upon the occurrence of a change order for Construction Work as set forth in (a) hereinabove which increases the Cost of the Construction Work, the Price will thereafter include such Cost of the Construction Work and Services attributable to such change to the extent allowed by Paragraph (b) hereinabove. The failure of Consultant to provide notice in writing to City in accordance with Paragraph (b) of any request for an increase in Price or for an extension of the Contract Time shall constitute a waiver by Consultant of any entitlement thereto. d. Continuing Duty to Perform Construction Work and Make Payment. In the event the parties are unable to agree on the terms of a Change Order or Supplemental Agreement, then Consultant shall continue to diligently perform the Design Services and the Construction Work, including any change directed by City by Change Order or Supplemental Agreement, and shall keep thorough records of the cost of performance of such Change Order or Supplemental Agreement. e. Fiduciary Relationship: Consultant recognizes and accepts a fiduciary relationship of trust and confidence hereby established between Consultant and City and agrees that it "shall at all times in good faith use its best efforts to advance City's interests and agrees to perform the Design Services and the Construction Work in the highest professional manner. 5. TERM This Agreement shall commence on the date first written above and terminate upon the City's acceptance of the project via a "Notice of Completion" unless terminated earlier in accordance with Section _, below. The Consultant shall complete all design work and obtain all permitting within sixty (60) working days of commencement of Agreement. After the City approves the design work, the construction related work under the contract shall be completed within (49) forty -five working days from the date of issuance of the "Notice to Proceed." The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts; computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on 2511 -5 their use. Contractor shall furnish the City all necessary copies of data needed to complete the review and approval process. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional hisured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 2511 -6 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. if Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. $. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 2511 -7 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (e) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: and Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -39) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -5635 2511 -8 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 Consultant: Fleming Environmental, Inc. Mr. Terry L. Fleming Jr.. 1372 E. Valencia Drive Fullerton, California 92831 Fax (714) 871 -2801 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered mill and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. Asa condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 2511 -9 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Consultant shall perform all requirements under this Agreement 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. Consultant warrants that the performance of services under this Agreement shall be compliant with the current requirements as set by the National Fire Protection Agency (NFPA), the Department of Transportation (DOT), the Occupational Safety and Health Administration (OSHA) the California Fire Code Article 58, Santa Ana Municipal Code Chapter 14, City of Santa Ana Planning and Building Agency and the Orange County Fire Authority as may be amended or updated throughout the term of this Agreement. Consultant certifies that it shall comply with the following regulations, as required by the South Coast Air Quality Management District, the funding or grant agency: a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of four (4) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. c. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. d. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. e. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 2511 -10 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. f Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. g. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. h. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. i. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327- 330) as supplemented byDepartment of Labor regulations (29 CFR Part 5), as applicable. j. Consultant, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. k. Consultant agrees that the funding agency shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. 1. Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the City reserve a royalty - free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for City purpose: (i) the copyright in any work developed through this Agreement; and 2511 -11 (ii) any rights of copyright to which the subcontractor purchases ownership with support through this grant, The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. 15. DISCRIMINATION Consultant shall not discriminate because of race, color; creed, religion, sex, marital status, Sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. 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. [SIGNATURES ON NEXT PAGE[ 10 2511 -12 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 R. City AtyNi City ,Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency FLEMING ENVIRONMENTAL, INC. TERRY L. FLEMING JR President Tax ID# 11 2511 -13 EXHIBIT A SCOPE OF SERVICES l2 2511 -14 APPENDIX ATTACHMENT A SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS (RFP) for The City of Santa Ana is seeking a qualified contractor to provide Design — Build Services for site improvements for a new Propane Fueling Station at the City of Santa Ana Corporate Yard. Background The City of Santa Ana Corporate Yard was constructed in 1994; regular and diesel fueling stations were part of the original installation. In response to the availability and growing popularity of alternative fuels, compressed natural gas and hydrogen fueling stations were later added. A propane station will now be added to expand upon the alternative fueling options. In 2012 Fleet Services was successful in receiving "Clean Transportation" funding through the Mobile Source Air Pollution Reduction Review Committee (MSRC), in the "New Expanded or Upgraded Alternative -Fuel Infrastructure" category. The funding for the propane fueling station will be obtained through this program. City has released a separate RFP for installation of propane dispensing equipment (bulk storage tank, dispensing units and pump), service agreement and commodity purchase of the propane, and a contract was awarded. Successful Proposers of this RFP 13 -064 shall coordinate all design -build activities with this propane Scope of Work Work involves the design and construction of necessary site work and infrastructure for a propane fueling station for the Santa Ana Corporate Yard as described herein. Proposals shall be inclusive of design, labor, materials, equipment and incidentals to provide these improvements, complete and in place, per the layout, details and specifications in the attached plans. Assessment of Existing Conditions Proposers shall review and analyze the location of the proposed project and shall compare existing facilities and conditions with that which is proposed herein this RFP. Any errors, omissions, or discrepancies found shall be called to the attention of the City and clarified prior to the submission of proposals. Regulations: Project shall meet all regulations as set by the National Fire Protection Agency (NFPA), the Department of Transportation (DOT), the Occupational Safety and Health Administration (OSHA) the California Fire Code Article 58, Santa Ana Municipal Code Chapter 14, City of Santa Ana Planning and Building Agency and the Orange County Fire Authority. i City of Santa Ana RFP 13 -064 Page 10 2511 -15 Site Work and Infrastructure Improvements shall include, but are not limited to, the following items listed herein, and per the attached site and electrical plans: • Protect in place all existing light standards. • Contractor shall contact "Underground Service Alert (Dig - Alert)" of Southern California at 811, two working days before starting any underground work. Demolish and reconstruct existing curb islands per layout shown on site plan. Modify existing irrigation as necessary. Protect in place existing utility boxes, electrical, gate key pad. • Design and construct new concrete pads with crash bollards for propane tank (use filled weight), pump /motor and dispensers. Refer to attached site plan and details included herein. Coordinate and verify with Fuel Provider. Design shall be in accordance with local building codes. • Remove existing parking space striping and re- stripe, per layout shown on site plan. • Provide new wrought iron fencing, with rolling and man gates, per layout shown on site plan. Match adjacent fence construction, height, and finish. • Provide all underground piping for propane delivery between vessel and pump, and electrical conduit for electrical from identified panel to pump /motor, as required, to accommodate refueling station (by others) as detailed below and in the electrical plans included herein. Coordinate and verify with Fuel Provider. Material and size shall meet all applicable codes. All new replacement concrete shall be doweled in. • Provide new 220v 3 -phase electrical subpanel and all related trenching, wiring, connections and start-up for pump, dispensing unit, and card reader, per the electrical plans included herein. Provide emergency shut -off, with illumination and signage. Refueling Station: Contractor shall design the infrastructure as outlined above, to accommodate the fueling station as listed below and as described In specifications which are included herein: • Bulk Storage Tank • Fuel Management System • Dispensing Unit: Pump /Motor: Plans Technical Specifications and Permlts: • Upon approval of the selected proposal by the City, Contractor shall prepare required construction plans and technical specifications for construction of the site work and infrastructure to support a new propane fueling system and all associated components, as required for permit issuance. • Plans shall be signed by a State of California licensed professional engineer within the appropriate discipline, as required for permitting. Once signed, an electronic file shall be submitted to the City for its records. • Contractor shall provide all structural design calculations and details as prepared and stamped by a registered engineer, as required for permit issuance. • Contractor shall apply for and obtain all necessary permits as required by the City, Orange County Fire Authority, and all other regulatory agencies including Federal, State, and County jurisdictions. • City permits will be "no fee" permits. All fees required by other jurisdictions shall be the responsibility of the contractor. Record Drawings Contractor shall provide record drawings of facility as installed, and all related permits. City of Santa Ana RFP 13 -064 Page 11 2511 -16 SPECIAL PROVISIONS — General 1.01 1.02 1.03 1.04 1.05 DEFINITIONS This section shall conform to Subsection 1 -2 of the Standard Specifications and these Special Provisions. City: City of Santa Ana Proposer /Bidder: Contractor or Developer interested in procurement of a contract to provide a commodity, service or other such asset. Board: City Council of the City of Santa Ana County: County of Orange Project Manager: The Executive Director of the Public Works Agency of the City of Santa Ana or his authorized representative State: State of California Federal: United States of America STANDARD SPECIFICATIONS The Standard Specifications of the City are contained in the 2009 Edition (Including 2010 Supplement) of the Standard Specifications for Public Works Construction, as written and promulgated by Public Works Standards, Incorporated. Copies of these Standard Specifications are available from the Publisher of Building News; Incorporated, 990 Park Center Drive, Suite E, Vista, California 92081, telephone (760) 734 -1113. The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract, except as amended by the Plans, Special Provisions, or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications, unless otherwise noted. TIME OF COMPLETION /CONTRACT PERIOD A Pre - Construction meeting shall be held following award of contract and a start date will be discussed and agreed upon by the Contractor and Project Manager, A Notice to Proceed (NTP) will then be issued accordingly by the Project Manager. The Contractor shall complete all construction related work under the contract within [45] forty -five working days from the date of the NTP. Once work has begun on a project, the Contractor shall work continuously on that project until work is substantially complete and a Notice of Completion issued. LIQUIDATED DAMAGES The liquidated damages amount, as specified in Subsection 6 -9 of the Standard Specifications, shall be $266 per calendar day. EMERGENCY INFORMATION The names, addresses and telephone numbers of the Contractor and Subcontractors, or their Page 12 2511 -17 representatives, shall be filed with the Project Manager and the City Police and Fire Departments prior to,boainning work. 1.06 PLANS AND SPECIFICATIONS This section shall conform to Section 2 -5 of the Standard Specifications and these Special Provisions. The Contractor shall maintain a control set of plans and specifications on the project site at all times. As approved by the Project Manager, all final locations determined in the field and any deviations from the plans and specifications shall be marked in red on this control set to show the as -built conditions. Upon completion of all work, the Contractor shall submit the control set to the Project Manager. Final payment will not be made until this requirement is met, 1.07 WORK BY CITY FORCES BECAUSE OF NONPERFORMANCE BY CONTRACTOR Should the Contractor fail to correct deficiencies or public nuisances that have been created because of his /her operation, then these will be considered to be of an emergency nature, and will call for the City to move in on the project to take corrective action, Such work will be done on a force account basis with an additional callout charge. There is a minimum two -hour charge for labor on any callout plus an additional callout charge of $300. 1.08 LABOR STANDARDS PROVISIONS Prevailing Wage Rates: In accordance with Section 1776 of the California Labor Code, not less than the general prevailing rate of per diem wages for each craft or type of worker and mechanic needed to execute the contract In the locality in which the work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime works as determined by the Director of Industrial Relations of the State of California, shall be paid to all workers employed. A copy of the prevailing rate of per diem wages is on file in the City's Construction Engineering Section and is available to any interested party upon request, The Contractor shall post at the job site a copy of said minimum wages. The Contractor and all Subcontractors shall submit certified payrolls weekly to the City's. Labor Discrimination In accordance with Section 1735 of the California Labor Code; "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of persons except as provided in Section 1420, and every contractor for Public Works violating this Section is subject to all penalties imposed for a violation of the Chapter. Apprenticeship Standards The Prime Contractor and all Subcontractors on this project shall comply with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 1.10 CONTRACT BONDS —Payment & Performance This section shall conform to Subsection 2 -4 of the Standard Specifications and these Special Provisions. City of Santa Ana RFP 13-064 Page 13 2511 -18 The bonds shall be executed by the successful Proposer and returned within ten (10) business days, after the successful Proposer has received notice that the contract has been awarded. Each bond shall incorporate, by reference, the contract and shall be signed by both the Proposer and Surety. The signatures of the Proposer and the authorized agent of the Surety shall be notarized. Failure to file acceptable bonds as provided herein within ten (10) business days, after the successful Proposer has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. Sample bonds are provided in the appendix as part of this RFP. 1.11 INSURANCE Contractor shall provide liability and worker's compensation insurance in conformance with Subsection 7 -3 of the Standard Specifications, these Special Provisions, and Section 2E of the sample Agreement. The certificates of insurance shall be provided by the successful Proposer within ten (10) business days, after the successful Proposer has received notice that the contract has been awarded. Failure to do so shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. 1.12 UTILITIES This section shall conform to Section 5 of the Standard Specifications and these Special Provisions. All existing utility access frames and covers, both private and public, shall be located and marked with paint on the pavement surface by the Contractor. Upon completion of the project, the Contractor shall remove all painted utility markings made by him /her or the respective utility owners from the surfaces of sidewalks, driveway approaches, curbs and gutters using the removal method acceptable to the Project Manager. Any damage to sidewalks, driveway approaches, curbs and gutters due to the Contractor's removal operation shall be repaired at the Contractor's expense and to the satisfaction of the Project Manager. Payment for removing utility markings shall be included in other items of work, and no additional compensation will be allowed therefore. If utility construction work within the area is required during the construction of this project, the Contractor is directed to cooperate with the utility company(s) and its workers to assure proper installation of the utilities with a minimum of conflict. The last paragraph of Section 5 -1 shall be revised to read as follows: "The Contractor shall determine the location and depth of all utilities including service connections, prior to starting work, which may affect or be affected by its operation" 1.13 WORKING DAY This section shall conform to Subsection 6 -7.1 of the Standard Specifications and these Special Provisions. The Contractor's activities shall be confined to 7:00 a.m. to 5:00 p.m., Monday through Friday, City of Santa Ana RFP 13 -064 Page 14 2511 -19 1.14 1,15 Deviation from these hours /days shall not be permitted without the prior consent of the Project Manager, except in emergencies involving immediate hazard to persons or property, or as specified otherwise. CONTRACTOR'S EQUIPMENT AND FACILITIES This section shall conform to Subsection 7 -1 of the Standard Specifications and these Special Provisions. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the Manufacturer. The noise level from the Contractor's operations shall not exceed 95 dba at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. The said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers, or transient equipment that may or may not be owned the Contractor. The use of loud signals shall be avoided in favor of light warnings, except those required by safety laws for the protection of personnel. Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this Section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his /her equipment and the protection of the public from injury and damage from such equipment. The Contractor is responsible for maintaining a safe and orderly job site per occupational Safety and Health Administration (OSHA) standards. LICENSES & PERMITS This section shall conform to Subsection 7 -5 of the Standard , Specifications and these Special Provisions, a. Business License. Each Prime Contractor, Subcontractor, Vendor shall obtain and pay for a Santa Ana Business License. Detailed information concerning business license may be obtained from the Finance and Management Services Agency, (714) 647 -5447, City Hall. b. Construction Water Permit. Each Prime Contractor or Subcontractor which desires to obtain water from City -owned fire hydrants for construction or any other purpose shall first obtain and pay for a permit from the Corporate Yard of the City of Santa Ana, at 220 South Daisy Avenue. Information concerning costs and conditions may be obtained from the City by calling (714) 647 -3320. Use of private water from a hose bib is not allowed. c. Disposal Permit. In accordance with the procedures of the Orange County General Services Administration (GSA), the cost for the disposal of all materials at County landfill sites shall be borne by the Contractor. d. Building and Electrical Permits. For projects involving building, structural construction, traffic signal or irrigation controller installation, the Prime Contractor shall obtain the necessary City of Santa Ana RFP 13 -064 Page 15 2511 -20 building and electrical permits from the Planning & Building Agency. There will be no fees for these permits. e. Fire Permits: All permits and fees required by all other Agencies having jurisdiction over any part of the work shall be obtained and paid for by the Contractor, unless otherwise noted on the Plans or in the Special Provisions. 1.16 CLEAN -UP & DUST CONTROL This Section shall conform to Subsection 7 -8.1 of the Standard Specifications and these Special Provisions. The Contractor shall keep the work site clean and free from rubbish and debris at the end of every working day. In addition, the Contractor shall be fully responsible for removing any graffiti placed on new improvements or Contractor's equipment daily immediately at the start of the work day. Cost to remove graffiti shall be included in other items of work and no additional compensation will be allowed therefore. 1.17 PUBLIC CONVENIENCE & SAFETY This section shall conform to Subsection 7 -10 of the Standard Specifications and these special provisions. Local vehicular and pedestrian access, Including access to driveways and businesses, shall be maintained at all times. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be refiectorized. All signing, barricading and diversion of traffic shall be subject to the approval of the Project Manager, The Contractor shall provide a telephone number at which the Contractor's representatives can be reached should an emergency occur requiring replacement or relocation of the required traffic devices. Prior to the start of construction operations, the Contractor shall notify the Police and Fire Departments of the City, giving the approximate starting date, completion date, and the name and telephone number of responsible persons who may be contacted at any hour in the event of a critical condition requiring immediate correction. 1.18 STATE DIVISION OF INDUSTRIAL SAFETY PERMITS In accordance with Section 6600 of the State Labor Code, permits are required for all excavations, which are five feet or deeper, or for all structures being built or demolished, which are more than three stories high. 1.19 SUBCONTRACTING This section shall conform to Section 2 -3.1 of the Standard Specifications and these Special Provisions. eFlr�nmmri City of Santa Ana RFP 13 -064 Page 16 2511 -21 The Prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Prime Contractor receives from City, Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both Disadvantaged Business Enterprise (DBE) and non -DBE Subcontractors. The Prime Contractor agrees further to release retainage payments to each Subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Santa Ana. This clause applies to both DBE and non -DBE subcontractors. 1.20 AS -BUILT DRAWINGS The Contractor shall maintain and update the as -built drawings throughout the construction period. The "As- Built" drawings shall be submitted to the Inspector before completion of the project. Final payment will not be made until As- Built plan is received by the City. 1.21 CITY RIGHT TO OWNERSHIP All data, documents and other products used, developed, produced and included in proposal, in response to RFP, shall become property of the City. All data, drawings, and other documents developed and produced as part of contract agreement shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. 1.22 EROSION CONTROL PLAN / SWPPP For projects having less than one (1) acre of disturbed soil, contractor shall prepare erosion and sediment control plan and do so immediately after award of the contract for the approval by the City. The plan shall be prepared per the applicable guidelines described in the California Storm Water Best Management Practices Handbook. The Contractor shall submit the plans for review and shall make the necessary revisions to the plans as directed by the Project Manager. The plans shall be prepared by a licensed Civil Engineer. The City may waive the requirement of licensed Civil Engineer if the Contractor can satisfactorily prove to the Project Manager that the person preparing the erosion control plan is qualified in the field of erosion control. The Contractor shall keep a copy of the erosion control plan on -site for the duration of the contract and shall provide all necessary control devices to implement all necessary measures as shown on the plan. The erosion control plan shall remain in effect until approval to remove is granted by the City. All erosion control materials shall be available on -site and stockpiled at a convenient location to facilitate rapid construction of temporary devices when rain is eminent. SPECIAL PROVISION — Construction 2.00 ROCK PRODUCTS Alternate rock products, asphalt concrete, Portland Cement Concrete and untreated base material shall be alternate rock material — Type S per Section 400 of the Standard Specifications. City of Santa Ana RFP 13 -064 Page 17 2511 -22 2.01 RELATIVE COMPACTION TESTS The following test methods shall be used for determining relative compaction: California Test 216 (Sand Cone Method) California Test 231 (Nuclear Gauge Method) The Contractor will provide compaction test at locations deemed necessary by the Project Manager. If compaction fails to meet the contract specifications, then the Contractor shall make the necessary adjustments and is responsible for the cost of additional compaction tests until compaction per the specifications is met. 2.02 UNCLASSIFIED EXCAVATION This section shall conform to Subsection 300 -2 and 300 -4 of the Standard Specifications and these Special Provisions. Unclassified excavation shall consist of all excavation including sawcutting and removal of roadways, bituminous pavement, concrete pavement and the removal of curbs, sidewalks, and driveways, etc. as shown on the plans. Payment for Unclassified Excavation shall be paid at the lump sum contract unit prices listed in the Bid Proposal for Site Work and shall include all equipment, post hole excavations, concrete footings and other incidentals as necessary to install complete and in place for the project as shown on the drawings and specified herein 2.03 PORTLAND CEMENT CONCRETE Portland cement concrete (PCC) shall conform to Sections 200, 303 and 400 of the Standard Specifications. Payment for Portland Cement Concrete shall be paid at the lump sum contract unit prices listed in the Bid Proposal for Site Work and shall include all equipment, post hole excavations, concrete footings and other incidentals as necessary to install complete and in place for the project as shown on the drawings and specified herein 2.04 CONCRETE CURB GUTTER WALKS DRIVEWAY APPROACHES AND CROSS GUTTERS This Section shall conform to Sections 201, 303 and 400 of the Standard Specifications Curbs and /or gutters to be constructed shall match existing in all dimensions and shall conform to Standard Plan No. 1101. Reconstructed curb and gutters shall be constructed so the top of curb matches the sidewalk surface elevation. When the plans do not show replacement limit stations, the Project Manager shall approve replacement limits. Prior to acceptance of the curb and gutter construction by the Project Manager, a flow test shall be conducted by the Contractor in the presence of the Project Manager. All concrete work shall be finished in texture, scoring, banding in generally the same manner as the adjacent existing improvements, unless specified. Payment for Concrete Curb, gutter, walks, driveway approaches and cross gutters shall be paid at the lump sum contract unit prices listed in the Bid Proposal for Site Work and shall include all equipment, post hole excavations, concrete footings and other incidentals as necessary to install >anta Ana RFP 13 -064 Page 19 2511 -23 complete and in place for the project as shown on the drawings and specified herein 2.05 ORNAMENTAL STEEL FENCING Part 1 -General Work Included: The contractor shall provide all labor, materials, and appurtenances necessary for installation of the industrial ornamental steel fence system defined herein and indicated on the drawings. Provide and install, "AEGIS II — MAGESTIC STYLE" ornamental steel fence system or approved equal, as described below. System Description: The manufacturer shall supply a total industrial ornamental steel fence system of the Ameristar0 Aegis II'''"' Magestic'm design. The system shall include all components (i.e., pickets, rails, posts, gates and hardware) required. Quality Assurance: The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified. References ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc - Coated (Galvanized) or Zinc- Iron Alloy Coated (Galvannealed) by the Hot Dip Process ASTM A924/A924M - Standard Specification for General Requirements for Steel Sheet, Metallic- Coated by the Hot Dip Process ASTM Al011/A1011 M - Standard Specification for Steel, Sheet and Strip, Hot - Rolled, Carbon, Structural, High - Strength and High- Strength Low -Alloy with Improved Formability ASTM 8117 - Practice for Operating Salt Spray (Fog) Apparatus ASTM D523 - Test Method for Specular Gloss ASTM D822 - Practice For Conducting Tests On Paint and Related Coatings and Materials Using Filtered Open -Flame Carbon -Arc Light and Water Exposure Apparatus ASTM D1654 - Test Method for Evaluation of Painted or Coated Specimens Subjected to Corrosive Environments ASTM D2244 - Test Method for Calculation of Color Differences From Instrumentally Measured Color Coordinates ASTM D2794 - Test Method for Resistance of Organic Coatings to The Effects of Rapid Deformation (Impact) ASTM D3359 - Test Method for Measuring Adhesion by Tape Test Submittal: The manufacturer's literature shall be submitted prior to installation. Product Handling And Storage: Upon receipt at the job site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism, and theft. Part 2 - Materials Manufacturer: The industrial ornamental steel fence system shall conform to Ameristar® Aegis IITA9, MagestieT"' 3 -Rail style manufactured by Ameristar Fence Products, Inc., in Tulsa, Oklahoma. Or approved equal. Aegis IITp4 - Invincible Style Construction Specification Santa Ana RFP 13 -064 Page 19 2511 -24 Section 02825 AMERISTARO 02825/AEG 1555 N. Mingo Road Tulsa, Oklahoma 74116 Phone: (800) 321-8724 Fax: (877) 926 -3747 E -mail: arch @ameristarfence.com Web site: http: / /www.ameristarfence.com Material A. Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized after forming, shall conform to the requirements of ASTM A1011/1011M, with a minimum yield strength of 50,000 psi (344 MPa). The exterior shall hot -dip galvanized with a 0.45 oz/ftz (138 g /M2) minimum zinc weight. The interior surface shall be coated with a minimum 81 % nominal zinc pigmented coating, 0.3 mils (0.0076mm) minimum thickness. B. Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized prior to forming, shall conform to the requirements of ASTM A924/924M, with a minimum yield strength of 50,000 psi (344 MPa). The steel shall be hot -dip galvanized to meet the requirements of ASTM A6531A653M with a minimum zinc coating weight of 0.90 oz /ft2 (276 g/M ), Coating Designation G -90. G. The manufactured galvanized framework shall be subjected to the PermaCoatO thermal stratification coating process (high- temperature, in -line, multi- stage, multi - layer) including, as a minimum, a six -stage pretreatment/wash (with zinc phosphate), an electrostatic spray application of an epoxy base, and a separate electrostatic spray application of a polyester finish. The base coat shall be a zinc -rich thermosetting epoxy powder coating (gray in color) with a minimum thickness of 2 mils (0.0508mm). The topcoat shall be a "no -mar" TGIC polyester powder coat finish with a minimum thickness of 2 mils (0.0508mm). The color shall be bronze. The stratification - coated framework shall be capable of meeting the performance requirements for each quality characteristic shown in Table 1. D. Material for fence pickets shall be 1" square x 14ga. tubing. The cross - sectional shape of the rails shall conform to the manufacturer's ForeRunnerT"' design with outside cross - section City of Santa Ana RFP 13-064 Page 20 2511 -25 Table 1 — Coating Performance Requirements Quality ASTM Test i Performance Requirements Characteristics Adhesion _Method I D3359 — Method ',Adhesion (Retention of Coating) over 90% of test area (Tape B 'and knife test). Corrosion B117 & D1654 'Corrosion Resistance over 3,500 hours (Scribed per D1654; Resistance I. failure mode is accumulation of 1/8" coating toss from scribe for medium #8 blisters). Impact D2794 ;Impact Resistance over 60 inch lb. (Forward Impact using Resistance 0.625" ball). Weathering D822, D2244, ;Weathering Resistance over 1,000 hours (Failure mode is Resistance D523 (60" 60% loss of gloss or color variance of more than 3 delta -E D. Material for fence pickets shall be 1" square x 14ga. tubing. The cross - sectional shape of the rails shall conform to the manufacturer's ForeRunnerT"' design with outside cross - section City of Santa Ana RFP 13-064 Page 20 2511 -25 dimensions of 1.75" square and a minimum thickness of 14ga. Picket holes in the ForeRunnerlm rail shall be spaced 4.98" o.c. Picket retaining rods shall be 0.125" diameter galvanized steel. Posts shall be a minimum of 2 -1/2" square x 12ga. High quality PVC grommets shall be supplied to seal all picket -to -rail intersections. Fabrication A. Pickets, rails, and posts shall be precut to specified lengths. ForeRunnerim rails shall be pre - punched to accept pickets. B. Grommets shall be inserted into the pre - punched holes in the rails and pickets shall be inserted through the grommets so that pre - drilled picket holes align with the internal upper raceway of the ForeRunnerTm rails. (Note: This can best be accomplished by using an alignment template.) Retaining rods shall be inserted into each ForeRunnerT"' rail so that they pass through the predrilled holes in each picket, thus completing the panel assembly. C. Completed panels shall be capable of supporting a 600 Ib. load (applied at midspan) without permanent deformation. Panels without rings shall be biasable to a 25% change in grade; panels with rings shall be biasable to a 115% change in grade. D. Gates shall be fabricated using Aegis IITm panel material and gate ends having the same outside cross - section dimensions as the ForeRunnerTM rail. All rail and upright intersections shall be joined by welding. All picket and rail intersections shall also be joined either by welding or by the same retaining rod process used for panel assembly. Part 3 - Execution Preparation: All new installation shall be laid out by the contractor in accordance with the construction plans. Installation: Fence posts shall be set in accordance with the spacing shown in Table 2, plus or minus 1/2 ", depending on the nominal span specified. Table 2 — Post Spacing Requirements Span 1 6 Nominal (71-3/8" Rail) I 8 P Post Size 2-1/2" _ 3 2 -1/2' 3" T2 -112 Bracket Type Standard (BB301) i Angle (BB304) I Standard Post Settings t Y2 O.C. 75" 7 5-1/276 -1 77" 94 -1/2" al (91 -1/4" Rail) 3.1 2-1/2„ 3 3" 01) j Angle (BB304) 95" ! 96" i 96 -1/2" Gate posts shall be spaced according to the gate openings specified in the construction plans. Concrete Footings for steel posts shall be per manufacturer's recommendations and details as shown. Cleaning: The contractor shall clean the jobsite of excess materials.. Payment for Ornamental Steel Fencing shall be paid at the contract unit prices listed in the Bid Proposal for Ornamental Steel Fencing and shall include all equipment, post hole excavations, concrete footings and other incidentals as necessary to install complete and in place for the project as shown on the drawings and specified herein City of Santa Ana RFP 13 -064 Page 21 2511 -26 EXHIBIT B FEE SCHEDULE 13 2511 -27 SID PROPOSAL The undersigned declares that he /she has carefully examined the location of the proposed work, that he /she has examined the Scope of Work and read the accompanying Instructions to Proposers, and hereby proposes to furnish all labor, materials and Incidentals required to complete said work in accordance with all terms of the Request for Proposals, for the unit price(s) or lump sum(s) set forth in the following schedule: UNIT EXTENDED LINE 810 ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE 1 Design, Permitting L5 1 8,680.00 8, 6a0.00 2 Site Work LS 1 90, 539.00 90, 539.00 3 Ornamental Steel Fencing LF 220 137.50 30, 250.00 4 Electrical System LS 1 25,760.00 25,760.00 5 TOTAL BID 1155,22,9.00 71- LEGAL NAME OF cUiMF ANr ...._.___.._ 1372 E Valencia. Drive Fullerton CA 92831 BUSINESS ADDRESS S1 -0791 RAL ID IZED AGENT TITLE ust 4, 2014 tflemirig @flemingenvironmental.com DATE E-MAIL ADDRESS 746 City or Santa Ana RFP 13-064 Page 22 2511 -28 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, effective.) Effective Policy # Issued to including countersignature, is required to make this endorsement this endorsement form as a part of Named Insured Countersigned by Authorized Representative M 2511 -29 2511 -30 r- saa +aa +a SANTA ANA CITY COUNCIL P� DATE, October 21, 2014 %9llt WORKS AGENCY b Exhibit 2 TMw PROJECT (11.1300) PROPANE FUELING STATION AT CORPORATE YARD 2511 -32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AMENDMENT TO AGREEMENT WITH El El Recommended ❑ As Amended STRATEGIC SOLUTIONS FOR GRANT ❑ Ordinance on 1"Reading WRITING SERVICES ❑ Ordinance on 2 "tlReading STRATEGIC PLAN NOS. 4,1 AND 5, 2 El Implementing Resolution { } El Set Public Hearing For_ 9 CITY MANAGE RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with Strategic Solutions for grant writing administration services in an amount not to exceed $20,000 subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency Facilities, Fleet Maintenance, and Central Stores Division (FFCS) is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. To meet its 5 -Year Alternative Energy Strategic Plan, FFCS routinely searches and applies for grant funding to expand its efforts in alternative fuel technologies. In 2013, FFCS prepared a Request for Proposal and selected Strategic Solutions to provide these services. Strategic Solutions has been successful in obtaining numerous grants totaling over $1 million dollars in alternative fuel technologies. FFCS desires to retain the services of Strategic Solutions to assist in the administration of existing grants and also to continue applying for new grants related to the emerging green technological opportunities in the Fleet environment. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 City Financial Stability, Objective #1 Maintain a stable, efficient and transparent financial environment and Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2, Expand opportunities for conservation and environmental sustainability. 25JJ -1 Amendment — Strategic Solutions October 21, 2014 Page 2 FISCAL IMPACT Funds for this amendment in the amount of $20,000 are available in the Fleet Maintenance contracts account (no. 07510100 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency C L / /es Exhibit: Agreement 25JJ -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on October 2014, by and between Strategic Solutions, a California independent consulting firm which provides grant consulting services to public and private agencies /companies, with its principal place of business located at 2825 South Palm Canyon Drive, Palm Springs, California 92264 (herein after referred to as "Consultant "), and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into a Consultant Agreement dated November 2013, (hereinafter "original Consultant Agreement ") by which Consultant has provided grant consulting services. Consultant will use her extensive experience in grant writing in order to assist the City in maximizing access to grant finds. B. A First Amendment to the original Consultant Agreement was executed in June 2014. That amendment only extended the term of the original Consultant Agreement through June 30, 2015. C. The amount of compensation under the original Consultant Agreement's was not to exceed $25,000.00. By this Second Amendment to Agreement, the parties wish to add an additional $20;000.00 to the total compensation under the Agreement for a total not to exceed $45,000.00. NOW THEREFORE, in consideration of the covenants contained in original Consultant Agreement and the First Amendment to Agreement, and subject to all the terms and conditions of the original Consultant Agreement, except those amended in this SECOND Amendment to Agreement, the parties agree as follows: 1. Section 2 (a). COMPENSATION. 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 $45, 000.00 during the term of this Agreement. 2. Except as herein amended, all terms and conditions of said original Consultant Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this SECOND Amendment to Agreement on the date and year first written above. [Signatures on next Page] 25JJ -3 ATTEST: Maria D. I-Iuizar Clerk of the Council APPROVED AS TO FORM: Sonia Carvalho City Attorney B Jose a doval Chi f ssistant City Attorney CITY OF SANTA ANA David Cavazos City Manager RE COMMENDED FOR APPROVAL: Francisco Gutierrez Executive Director Finance & Management Services CONSULTANT Charlotte D. Whitney dba StrategicSolutions Consultant/Owner/President Employer ID # or Individual SS # 043 -36 -2895 25JJ -4 EXHIBIT "A" 25JJ -5 STRATEGIC SOLUTIONS PROPOSAL COMPREHENSIVE GRANT CONSULTING FOR GREEN INITIATIVES to the City of Santa Ana Facilities, Fleet and Central Stories Fiscal Year 2014/2015 OVERVIEW Charlotte D, Whitney, d.b.a. Strategic Solutions, will provide comprehensive grant consulting services to the City of Santa Ana Facilities, Fleet and Central Stores (FFCS) to support the division's green initiatives. Utilizing her extensive experience, knowledge and skills, Charlotte will work to achieve FFCS objectives and maximize access to funding. Strategic Solutions will focus on funding opportunities to support the following FFCS plans and policies: 1. Green Facilities, Fleet and Central Stores Strategic plan 2. Green Fleet Action Plan: Electric Vehicles and Charging Infrastructure 3. Green Fleet Action Plan: Propane Vehicles and Infrastructure 4. Green Fleet Action Plan: Environmentally Preferable Purchases and Practices Policy 5, Electric Vehicle Charging infrastructure Public Access Policy E. Public outreach for Green initiatives PAST AND FUTURE FOCUS Beginning with its initial engagement with the City of Santa Ana's Facilities, Fleet and Central Stores, Strategic Solutions worked with division staff to articulate its vision for the future and began action -by- action to assist staff in achieving this vision. After four years of cooperative work, FFCS can count the following accomplishments: • Four written strategies with two supporting policies • over $1.5 million in grant funding for green projects • Industry ranking as the top 5`h fleet In the North America • State level recognition as the #1 leader In green technology for transportation Going forward in Fiscal Year 2014/2015, Strategic Solutions proposes to continue its focus on securing funds for green initiatives and completing grant management activities as required by the grant agreements for existing contracts. Two required elements of existing contract - community outreach /public education and reports /requests for reimbursements - will feature strongly in the work program. In Fiscal Year 2014/2015, Strategic Solutions will also work with staff to further Implement the Public Outreach for Green Initiatives plan, particularly the outreach to local businesses. Working with staff, the company will also start the process of LEED Certification for the Corporate Yard. Proposal Santa_ Ana_consulting_FY 2014 -2015 page i Pratt 4 /12/2014 25JJ -6 STRATEGIC SOLUTIONS 9d SERVICES The following Is a representative list of services that may be preformed. Grant Identification and Strategy Development Research grant databases and agency specific databases on -line for funding opportunities Identify applicable grants Attend training and bidder's conferences Develop a database of grants that match funding needs Maintain a comprehensive grants Inventory for each project area Prepare strategies and action plans Facilitate project scoping Write program descriptions Grant Development and Preparation Download and review guidelines, applications and forms Develop strategies that maximizes funding and prospects for approval Research and assemble information needed for applications Obtain specifications, vendor quotes, brochures and other supporting materials Secure relationships, resolutions, cover letters and letters of support Prepare draft materials for review and comment Prepare final applications for submittal Overnight mail and /or deliver applications to funding agencies and clients Prepare, update, and /or assemble additional documents as required by funding agencies Track applications through review process Assist with contract development and signing Grant Implementation and Management Prepare calendar of report due dates Download report requirements and forms Obtain and assemble information for preparation of reports Prepare draft reports for review and comment Prepare final reports for submittal Prepare materials for status meetings with clients, agency staff and /or other consultants Coordinate with staff on Invoicing and requests for reimbursement Coordinate with outside agency staff and consultants on funding status and grant implementation Maintain computer and hard copy files for audit Proposal Santa_ Ana _Consulfing FY 2014 -2015 brgjt 4112/2014 25JJ -7 Page 2 i STRATEGIC SOLUTIONS AVAI LAB ILTIY Charlotte D. Whitney will dedicate the required time and materials to complete quality work submitted on deadline. Charlotte D. Whitney will be available for consultation as needed by telephone, e -mail, and FAX. Charlotte D, Whitney will be available for meetings at the offices of the City of Santa Ana as required. COMPENSATION The City of Santa Ana will be billed monthly for work completed at a rate of $85 per hour. A detailed activity report and copies of completed projects will be submitted with each invoice. Ordinary support services, including mileage and telephone, are Included within the monthly charge. Total amount of compensation will not exceed $25,000. TERMS The Agreement will be in effect for Fiscal Year 2014/2015 ending June 30, 2015. Charlotte D, Whitney Date Proposal _Santa Ana _Consultrng_FY 2014 - 3015 Draft 4 /12/2014 Page 3 i 25JJ -8 ATTACHMENT A: ACCOMPLISHMENTS BY FISCAL YEAR Fiscal Year 2010 /2011 Strategy Development In Fiscal Year 2010/2011, StrategicSolutlons with the assistance of FFCS staff developed a Green Strategic Plan to Increase the sustainability of the division. The plan outlines specific short and long- term goals, punctuated by a timeline of quantifiable actions, Focusing heavily on energy efficiency initiatives and employing forward thinking in fleet management, the goals of the plan are to Improve air quality, reduce the City's carbon footprint, and channel cost savings into environmental projects. Grant Funding Strategic5olutions secured $557,500 in grant funding for FFCS projects during FY 2010/2011, Projects Funded • Propane Refueling Infrastructure - $75,000 • CNG Station Site Improvements - $120,000 • Maintenance Facility Modificatlons •$67,500 • Diesel Emission Control Systems (6) - $55,000 • Propane Vehicles (7) - $210,000 Recognition Highlights • 100 Best Fleet in North America - #38 (moved up from #99 in 2010) • Government Green Fleet - #29 • SustainabilityAll- Star— RickLongobart Fiscal Year 2011/2012 Strategy Development During Fiscal Year 2011/2012, three area - specific action plans were developed to advance FFCS ultimate goal of running an environmentally friendly fleet and stores operation, The first plan discusses electric vehicles and infrastructure, the second focuses on propane vehicles and infrastructure, and the third plan advocates environmentally preferable purchases and practices within the FFCS, Grant Funding StrategicSolutions secured $456,000 in grant funding for FFCS projects during FY 2010/2011, Projects Funded • Electric Vehicle Charging Stations (9) - $80,000 • CNG Station Upgrades - $46,000 4 • CNG (2) and Propane Heavy -Duty Vehicles (7) - $270,000 • Propane Vehicles Buy -Down Incentives (6) — $60,000 Recognition Highlights • 100 Best Fleet In North America -#10 (moved up from #38 in 2011) • Government Green Fleet - #11(moved up from #29 in 2011) Draft 4/1112014 25JJ -9 ATTACHMENT A: ACCOMPLISHMENTS BY FISCAL YEAR Fiscal Year 2012/2013 Strategy Development During FY 2012/13, as required by local funding agencies, a public, outreach and education plan was developed for the FFCS: Entitled, Public Outreach for Green initiatives, the plan proposes actions that will increase public awareness of the green initiatives of the division and by doing so increase public support for funding. Targeted actions of the plan were Implemented Including the development of "mini mark" for the FFCS. Grant Funding StrategicSolutions secured $326,000 in grant funding for FFCS projects during FY 2012/2013, Projects Funded • Electric Vehicle Charging Stations (11) - $66,000 • CNG Paratransit Buses (2) - $260,000 • Propane Vehicles Boy -Down Incentives (7) -$TBA Recaenitian Highlights • 100 Best Fleet in North America - #S (moved up from #10 in 2012) • SustainabilityAll- Star— RickLongabart Fiscal Year 2013/2014 Strategy Development In FY 2013/2014, StrategicSolutions drafted a public access policy for City -owned electric vehicle charging stations. The Electric Vehicle Charging Infrastructure Public Access Policy defines the number of hours and cost of electric vehicle charging. The Public Outreach for Green initiatives was updated, a cover designed and additional action items completed. Grant Funding To date, StrategicSolutions secured $244,000 in grant funding for FFCS projects during FY 2013/2014, Projects Funded • Electric Vehicle Charging Stations (6) - $34,000 • Heavy -Duty Propane Vehicles (7) - $210,000 Recognition Highlights • 2014 Green California Leadership Awards - StateWinner- Transportation • 2013 RMFMA fleet Professional of the year -Rick Longobart Summary • Six strategies to lead the FFCS to a more efficient and XXX agency were developed • Concurrent with and in support of strategy development, $1,553,500 in grant funding was secured. • Implementation of proposed actions over the last four fiscal years resulted in the FFCS steadily climbing from #99, then to #38, next to #10 and finally to 95 in the 100 Best Fleets in North America competition. Draft 412112014 25JJ -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AGREEMENT WITH SELECTRON TECHNOLOGIES, INC., FOR INTERACTIVE VOICE RESPONSE SYSTEM {STRATEGIC PLAN NOS. 7,2D & 5E} CITY MA AGER RECOMMENDED ACTIONS 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 Clerk of the Council to execute a two -year agreement with a one -year optional renewal exercisable by the City, with Selectron Technologies, Inc., for: 1) system installation with one -year warranty and two additional years of maintenance in an amount not to exceed $232,680, and 2) an additional contingency in the amount of $95,000 to expand implementation, subject to non - substantive changes by the City Attorney and City Manager. DISCUSSION The City of Santa Ana receives public inquiry and resident and business service calls via the City's internal telecommunications switchboard to service account areas such as Municipal Utility Billing and Dog Licenses. In Municipal Utilities, there are only two full -time and one part -time employees available to handle all customer walk -in and telephone calls during peak and operational customer service hours of 8am to 5pm. Calls are routed through a 15 -year old fixed capacity 4- channel sequencer that only queues and displays the number of incoming calls waiting to be serviced. From May 1, 2013 to April 30, 2014, Municipal Utilities and Dog License respectively received 23,788 and 5,098 incoming calls (not including follow -up outgoing calls). As a result, City Hall experiences extended service lines and telephone call jams with no ability to route in -bound calls according to their level of emergency or need or request. In addition, there is no means for customers from home to receive answers to general questions or make payments for shut -off notices after - hours. The City Attorney's Office (CAO) frequently receives calls seeking specific information from in -house attorneys and special contract counsel. New callers with pertinent case details or seeking legal action information often leave messages for time critical issues. Currently, there is no ability to gage priority need or type of on request. 25KK -1 Interactive Voice Response System October 21, 2014 Page 2 In order to provide improved customer service and increase staff efficiency, a Request for Proposal ( #14 -025) was released for an "Interactive Voice Response Systems ". Fourteen vendors were notified. Selectron Technologies, Inc., based in Portland, Washington, is a provider to local government agencies with utilities and was the only bidding vendor. In contacting firms that did not respond, most indicated they did not have the hardware and software integration experience to implement dynamic IVR solutions that the City desired. Selectron Technologies is a well - established company providing municipal government and utilities agencies interactive voice and web solutions. Staff fully evaluated the Selectron Technologies, Inc. proposal and found it to be a high quality solution for meeting the City's requirements and long -term needs. The IVR system will significantly expand and enhance service delivery by providing a 24 hour, 7 -days per week '24/7' access to general and account information and payment capacity in English, Spanish and Vietnamese. Specialized interactive voice response system server hardware and software with professional voice -over will be installed on integration with City databases. This new IVR system infrastructure will make available the opportunity to perform outbound calls with payment processing for specific service, payment, and emergency issues related to resident or business accounts. For the CAO, the proposed Interactive Voice Response (IVR) will allow the CAO to save attorney time and expense with proper routing to assigned legal section or attorney. The system will also provide uniform and detailed legal instructions or information lines regarding important public interest areas regarding citywide issues or legal actions freeing up attorneys to perform critical tasks. There are significant expected City savings and efficiencies in staff organization and time, while maintaining proper internal controls. For example, routine service questions can be `self- service', answered through IVR human voice automation providing specific account details and payment information. Capabilities will include credit card, debit and a -check payment processing while in the IVR system (for cyber security reasons, no personal or card information will be retained). Industry benchmarks indicate a range of 35% to 50% of calls being responded to by IVR. Importantly as such, the IVR system will allow the more complex and most pertinent and critical calls to be addressed directly by staff. Implementation is expected to provide more time for greater service delivery, and improve overall resident and customer satisfaction. The proposed configuration includes funding for the Municipal Utilities and Dog License units in the Treasury & Customer Service Division of the Finance & Management Services Agency, and the City Attorney's Office. Initial implementation is $181,080 and each year for ongoing support maintenance of $25,800. The total funding for this phase of one -year warranty and up to two -year ongoing support maintenance is $232,680. A contingency of $95,000 is included, to allow for the possibility of the Parks, Recreation and Community 25KK -2 Interactive Voice Response System October 21, 2014 Page 2 Services Agency to exercise the opportunity to implement a robust Interactive Voice Response system. STRATEGIC PLAN ALIGNMENT Approval allows the City to meet Goal 7: Team Santa Ana; Strategy 2D- Invest in software /resources that will help streamline the flow of information to City staff and the public, and Strategy 5E- Identify best practices and opportunities for process improvement and automation across City departments in order to provide effective and efficient delivery of City services to the community. FISCAL IMPACT Funds are budgeted in the following agency accounts (account no. 01108032 - 62300, 01110130- 62300, and 06017642- 62251). APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Management Services Agency ED Exhibit: 1. Scope of Services Agreement with Selectron Technologies, Inc. 2. Professional Services Agreement with Selectron Technologies, Inc. 3. Statement of Work, Selectron Technologies, Inc. 4. Licensing Agreement with Selectron Technologies, Inc. 5. Maintenance Agreement with Selectron Technologies, Inc. 25KK -3 25KK -4 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SELECTRON TECHNOLOGIES, INC. THIS AGREEMENT is made and entered into this 21" day of October, 2014 by and between Selectron Technologies, an Oregon 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 installation and implementation of an interactive voice response system including hardware, software and maintenance. 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 fine in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall install, implement and maintain an integrated voice response system for various departments at the City, including but not limited to the City Attorney's Office and the Municipal Utilities and Dog License units in the Finance & Management Services Agency. A contingency is added to the Compensation to allow for expansion of services to include other City departments or locations. Installation and implementation of the system shall be subject to the "Professional Services Agreement" attached hereto as Exhibit A, the "Statement of Work" attached hereto as Exhibit B, and the "Software License Agreement" attached hereto as Exhibit C. The support and maintenance of the system shall be subject to the "PremierePro Support and Maintenance Agreement" attached hereto as Exhibit D. All Exhibits to this Agreement are incorporated by this reference. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's project manager and Consultant. In regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes,, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the 25KK -5 Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended for these services shall not exceed $232,6 80.00 during the potential three (3) year Term of this Agreement. There shall be a contingency amount of an additional $95,000.00 for the potential expansion of the system implementation to other City departments, locations or agencies. b. Payment by City shall be made as follows: *25% Invoiced at time of execution of Agreement *50% Invoiced at completion of execution of on -site installation and training *25% Invoiced 45 days alter on -site installation and testing * *10% of each invoice will be withheld until final acceptance by City - no later than "go live" or 90 days after on -site installation, whichever comes first. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall have an initial two -year Term, beginning on November 1, 2014 through October 31, 2016, unless terminated earlier in accordance with Section 13, below. There shall be an additional one (1) year option for renewal exercisable by the City Manager or his designee. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the set-vices which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general Liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles, The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting 25KK -6 therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in Rill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such tennination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of tennination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Each party will indemnify and hold harmless the other party, its officers, directors, employees, and agents from any and all claims, losses, liabilities, damages, expenses and costs (including reasonable attorneys' fees and court costs) which result from third -party claims or allegations that arise out of a breach or alleged breach of any representation; warranty, or covenant set forth in this Agreement. 8. CONFIDENTIALITY If the receiving party receives from the disclosing party information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, the receiving party agrees that it shall not use or disclose such information except in the performance of this Agreement, 25KK -7 and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the receiving party disclosed in a publicly available source; (c) is in rightful possession of the receiving party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the receiving party without reference to information disclosed by the disclosing party. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified tinder this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile: 714 -647 -6956 Copies to: City of Santa Ana Finance & Management Services Agency 20 Civic Center Plaza (M -17) Santa Ana, California 92702 Facsimile: 714- 647 -5414 and City Attorney City of Santa Ana 20 Civic Center Plaza (.M -29) P,O. Box 1988 Santa Ana, California 92702 Facsimile: 714 - 647 -6515 To Consultant: Selectron Technologies, Inc. 12323 66`1' Avenue Portland, Oregon 97223 Attn: Todd Johnston 25KK -8 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, duty registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 1.1. 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 terns and conditions hereof, shall not bind or obligate Consultant nor the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State oFCalifornia 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. 25KK -9 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, pennits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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. Alt Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page} 25KK -10 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:, c -i ,1L-- Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO GUTIERREZ Executive Director Finance & Management Services Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: Selectron Technologies, Inc. Todd A. Johnston President 25KK -11 25KK -12 UA PROFESSIONAL SERVICES AGREEMENT Exhibit A This Professional Services Agreement (the "Agreement ") is entered into by and between Selectron Technologies, Inc., an Oregon corporation and its successors and assignees (collectively, "Company ") and the City of Santa Ana, California, (the "Customer "). 1. Engagement of Services. Subject to the terms and conditions of this Agreement, Company will render the services set forth in the Scope of Work attached to this Agreement as Exhibit A and B (the "Project" or the "Services "). Exhibit A outlines the services to be provided, any associated products, and the prices. Exhibit B provides a detailed description of the services, and any associated products, to be provided under this Agreement. From time to time, the parties may enter into additional Scopes of Work, in substantially the same form as that set forth in Exhibits A and B, for additional Services. The manner and means by which Company chooses to complete the Project are in Company's sole discretion and control. Customer will, at its sole expense, make its facilities and equipment available to Company when necessary. Company, in its sole discretion, may have the Services performed by a third party /independent contractor, provided that any such third party /independent contractor agrees in writing to the terms of this Agreement. 2. Hardware. Pursuant to this Agreement, and in combination with any Company software (which shall be licensed pursuant to a separate software license agreement), Company shall provide Customer with third -party hardware solely for use with Company Software (the "Hardware), as set forth in Exhibit A and/or B. As between Customer and Company, Company shall maintain ownership of the Hardware and all rights, titles, and interest therein, until Customer has paid the entire Fee, as described in Section 3.1 below. While the Fee is being paid, Customer shall have a limited, non - transferable, and revocable license to use the Hardware solely in connection with Customer's use of the software. Once Customer has paid the entire Fee, Customer shall own the Hardware (but Customer shall not own the Company software under any circumstances). Customer agrees that, until the entire Fee is paid, Customer shall be responsible forthe cost of the Hardware if damaged (normal wear and tear excluded) while in Customers possession or under its control. Customer acknowledges and agrees that nothing in this Agreement shall be interpreted or construed to affect the terms and conditions under which Customer uses the Company software. Customer is entitled to all third -party manufacturer warranties as they apply to the specific Hardware provided. Manufacturer warranty dates are based solely on the specific manufacturer terms and conditions. Customer acknowledges and agrees that Company shall have no obligations regarding the manufacturer warranties of the Hardware, and that Company expressly disclaims all warranties with respect to the Hardware, except for the warranty in Section 6.3 below. 3. Compensation. 3.1 Standard Compensation. Customer will pay Company a fee for services rendered under this Agreement as set forth in the Project(s) undertaken by Company, which fee shall also cover use of the Company software (licensed under a separate software license agreement) and use of the Hardware (the "Fee "). Customer shall be responsible for all expenses incurred, that are set forth in Exhibit A of this Agreement. Customer will also be responsible for all expenses, with prior written approval, outside of those listed in Exhibit A of this Agreement. Upon termination of this Agreement for any reason, Company will be paid the Fee and expenses on a proportional basis as stated in the Scope of Work for work which is then in progress, to and including the effective date of such termination. Unless other terms are set forth in the Scope of Work for work which is in progress, Customer will pay Company for Services and will reimburse Company for previously approved expenses within thirty (30) days of the date of Company's invoice. 3.2 Change Requests. Customer agrees to the Scope of Work as set forth in Exhibits A and B. If Customer requests a reduction in the scope, as set forth in Exhibit A or B, or any future Scopes of Work agreed upon by the parties, and such request is made after Company has committed resources to the Project under the given Scope of Work, Customer agrees to pay the full amount set forth in Exhibit A (or the applicable Scope of Work). However, if, during the course of a Project, Customer wishes to increase or modify the Scope of Work (other than a proposed reduction in the amount of Services to be provided), Company shall provide Customer with a modified fee estimate. If Customer accepts the modified estimate, Company will perform the Project according to the modified specifications after the parties sign a new Scope of Work or after Customer issues a purchase order for the modified Project (provided that the terms and conditions of such purchase order will not modify this Agreement or have any force or effect). If Customer rejects the modified estimate, Company shall have no obligation to perform the modified 25KK -13 Project, and the parties agree that Company will continue to provide the Services, as originally set forth in the Scope of Work, and Customer will continue to pay the Fee, as originally set forth in the Scope of Work. 4. Independent Contractor Relationship. Company's relationship with Customer will be that of an independent Contractor and nothing in this Agreement should be construed to create a partnership, joint venture, or employer - employee relationship. Customer is not an agent of Company and is not authorized to make any representation, contract, or commitment on behalf of Company, or to bind Company in any way. Company is not an agent of Customer and is not authorized to make any representation, contract, or commitment on behalf of Customer, or to bind Customer in any way. Company will not be entitled to any of the benefits, which Customer may make available to its employees, such as group insurance, profit sharing or retirement benefits. 5. Proprietary Information. During the Term of this Agreement and after the termination of this Agreement, the parties will take all steps reasonably necessary to hold the other party's Proprietary Information in confidence, will not use the other party's Proprietary Information in any manner or for any purpose not expressly set forth in this Agreement, and will not disclose any such Proprietary Information to any third party without the disclosing party's express prior written consent. "Proprietary Information' includes, but is not limited to (a) trade secrets, inventions, ideas, processes, formulas, source and object codes, data, other works of authorship, know -how, improvements, discoveries, developments, designs and techniques; and (b) information regarding plans for research, development, new products, marketing and selling, budgets and unpublished financial statements, licenses, prices and costs, suppliers and customers; and (c) information regarding the skills and compensation of employees . Nothing will be considered to be Proprietary Information if (1) it is readily available to the public other than by a breach of this Agreement; (2) it has been rightfully received by the receiving party from a third party without confidential limitations; (3) it has been independently developed by the receiving party without reference to or use of the disclosing party's Proprietary Information; or (4) it was rightfully known to the receiving party prior to its first receipt from the disclosing party. The receiving party shall be entitled to disclose the disclosing party's Proprietary Information if required by law or a judicial order; provided that the receiving party first provides prompt notice of the required disclosure to the disclosing party, and complies with any protective or similar order obtained by the disclosing party limiting the required disclosure. 6. Representations and Warranties; Warranty Disclaimer. 6.1 Customer represents and warrants that (a) it has full right and power to enter into and perform its obligations under this Agreement, and (b) it will take all reasonable precautions to prevent injury to any persons (including employees of Company) or damage to Company's property during the Term of this Agreement. 6.2 Company represents and warrants that (a) it has full right and power to enter into and perform its obligations under this Agreement, and (b) it will take all reasonable precautions to prevent injury to any persons (including employees of Customer) or damage to Customer's property during the Term of this Agreement. 6.3 Company warrants that any Hardware provided pursuant to this Agreement shall operate in good working order for a period of one (1) year from Contract Execution Date, as that term is defined in Exhibit A of the PremierPro Support and Maintenance Agreement. Any changes or modifications to the Hardware by any person other than Company, or any combination of the Hardware with other materials by any person other than Company, voids this limited warranty. This limited warranty is also void if failure of the Hardware results from transportation, neglect, misuse, or misapplication of the Hardware by any person other than Company; from any accident beyond Company's control; from use of the Hardware not in accordance with this Agreement or documentation provided in connection with the Hardware; or from Customer's failure to provide a suitable environment for the Hardware. 6.4 The express warranties in Sections 6.2 and 6.3 above are lieu of all other warranties, express, implied or statutory, arising from or related to this Agreement and any hardware provided to Customer hereunder, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non - infringement of third party rights. Customer acknowledges that it has relied on no warranties other than the express warranties in Sections 6.2 and 6.3 of this Agreement. Except for the express warranty in Section 6.3 of this Agreement, Company provides the Services and Hardware to Customer "as is" and "as available," and Company does not warrant that the Services or Hardware will be uninterrupted or error free, and Company hereby disclaims any and all liability in connection therewith. This warranty disclaimer is made regardless of whether Company knows or has reason to know of Customer's particular needs. No Company employee, agent, dealer, or distributor of Company is authorized to modify this limited warranty, or make any additional warranties, whether orally, in writing, or otherwise. This Section 6.4 shall be enforceable to the fullest extent permitted by applicable law. 7. Customer Remedies; Limitation of Liability. 7.1 If Customer finds what it reasonably believes to be a failure of the Hardware to conform to the limited warranty in Section 6.3 of this Agreement, and provides Company with a written report that describes such failure in sufficient detail to enable Company to reproduce or understand such failure, Company and its suppliers' entire liability and Customer's exclusive remedy for breach of the limited warranty in Section 6.3 regarding the Hardware, is for Company to use commercially - reasonable efforts to correct or provide a workaround for the failure at no additional charge to Customer. If, in Company's sole discretion, it provides 25KK -14 replacement Hardware, the replacement Hardware will be warranted in accordance with the provisions of this Agreement for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Company are available without proof of purchase from an authorized non -U.S. source. 7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICES PROVIDED OR CONTEMPLATED HEREUNDER, AND THE HARDWARE AND RELATED DOCUMENTATION. COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED OR CONTEMPLATED HEREUNDER, AND THE HARDWARE AND RELATED DOCUMENTATION, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO COMPANY HEREUNDER IN THE TWELVE- (12 -) MONTH PERIOD IMMEDIATELY PRECEDING THE ACTION THAT GAVE RISE TO THE CLAIM. CUSTOMER ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT COMPANY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. 8. Indemnification (See Section 7 —Santa Ana Agreement) 9. Network Security Disclaimer 9.1 Internet Security. Company's products may include software that connects to the Internet. The software is designed to operate within Customer's secure network environment, and the software does not provide any mechanism for security or privacy. Specifically, the software relies fully on the Customer's security measures and implements no further security infrastructure. Company makes no representations or warranties to Customer regarding (1) the security or privacy of Customer's network environment; or (ii) any third -party technologies' or services' ability to meet Customer's security or privacy needs. These third -party technologies and services may include, but are not limited to, operating systems, database management systems, web servers, and payment processing services. Customer is solely responsible for ensuring a secure network environment. 9.2 Remote Access Security. In order to enable code development, and Customer support and maintenance of the software (if purchased by Customer pursuant to a separate support and maintenance agreement), Company requires remote access capability. Remote access is normally provided by installing PC- Anywhere, ControllT, or other industry standard remote access software. It may also be provided through a Customer solution such as VPN access. Regardless of what method is used to provide remote access, or which party provides remote access software, it is Customer's responsibility to ensure that the remote access method meets Customer's security requirements. Company makes no representations or warranties to Customer regarding the remote access software's ability to meet Customer's security or privacy needs. Company also makes no recommendation for any specific package or approach with regard to security. Customer is solely responsible for ensuring a secure network environment. 9.3 Outbound Services Disclaimer. Outbound services are intended to create additional methods of communication to Customer's employees who use the Software in support of existing processes. These services are not intended to replace all interaction with Customer's employees or become critical path. While the outbound services have been created with the best available tools and practices, they are dependent on infrastructure that is inherently not fail - proof, including but not limited to infrastructure such as software, computer hardware, network services, telephone services, and e-mail. Examples of situations that could cause failure include but are not limited to: down phone lines, all lines busy, equipment failure, email address changes, internet service disruptions. For this reason, while outbound services are valuable in providing enhanced communication, they are specifically not designed to be used as the sole method to deliver critical messages. Customer acknowledges that it is aware of the potential hazards associated with relying on an automated outbound service feature, when using the Software, and Customer acknowledges and agrees that it is giving up in advance any right to sue or make any claim against Company, and that Customer forever releases Company from any and all liability, if Customer, or Customer's employees, suffer injury or damage due to the failure of outbound services to operate, even though Customer does not know what or how extensive those injuries or damages might be. 10. Term and Termination. 10.1 Term. This Agreement shall commence on the date of last signature below and shall continue until terminated (the "Term "), 10.2 Termination. (a) Either party may terminate this Agreement at any time that there is no uncompleted Project in effect upon fifteen (15) days' prior written notice to other party. Upon such termination by either party, all amounts owed to Company shall become Immediately due and payable. (b) The parties agree that Customer's failure to pay any undisputed Fees is a material breach of this Agreement. In the event of Customer's failure to pay or other material breach of this Agreement, Company may immediately terminate this Agreement, the Software License Agreement, and any other agreements between the parties, for cause, provided that Customer has failed to cure the breach within sixty (60) days' of 25KK -15 receiving notice of such breach from Company. Upon such termination, Customer shall immediately cease all use of the software and Hardware, and Company may terminate Customer's access to the software. Company may require that Customer return the Hardware to Company and /or allow Company access to Customer's facility to retrieve the Hardware. Such termination shall not relieve Customer of its obligation to immediately pay all amounts then due to Company. 11. Government Contracts. 11.1 In the event that Company shall perform Services under this Agreement in connection with any government contract in which Customer may be the prime contractor or subcontractor for a government contract, Company agrees to abide by all laws, rules and regulations relating to said government contract; provided that Customer provides a copy of the contract to Company prior to execution of this Agreement. 11.2 Company advises that, to the extent allowed by law, the resultant contract terms and pricing may be extended to other State of California jurisdictions, public entities, political subdivisions and government cooperative purchasing group(s) whose processing requirements, applications, specifications and standards coincide with the processing requirements, applications, specifications and standards herewith. The extension of this contract to any entity is at the sole discretion of Company. A qualified entity choosing to join this contract shall execute a separate contract with the specifications, pricing, terms and rights provided herewith, directly between the entity and Company, and shall commit a separate purchase order and pay for supplies and services by means of their individual accounting and purchasing departments. Any processing requirements, applications, specifications and /or standards not covered herewith will be developed and priced separately, based on the entity's additional requirements and specifications, and appended to the new resultant contract. The entity shall deal directly with Company concerning the placement of orders, invoicing, contractual disputes and all other matters. Failure to extend this contract to any entity shall have no effect on the consideration of Company's current bids or agreements. 12. General Provisions. 12.1 Governing Law; Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of California without reference to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to and shall not be used to interpret this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought in the federal or state court located in Orange County, California. 12.2 Severability. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, Customer agrees that Section 7 will remain in effect notwithstanding the unenforceability of any provision in Section 6. 12.3 Notices. All notices, consents and approvals under this Agreement must be delivered in writing by courier, by electronic facsimile (fax), or by certified or registered mail (postage prepaid and return receipt requested) to the other party at the address set forth beneath such party's signature, and will be effective upon receipt or three (3) business days after being deposited in the mail as required above, whichever occurs sooner. Either party may change its address by giving notice of the new address to the other party. 12.4 Force Majeure. Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the reasonable control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay, to mitigate the harm or damage caused by such delay, and to resume performance as soon as possible. 12.5 Attorneys' Fees. In the event of a dispute between Customer and Company concerning this Agreement, the prevailing party in the litigation shall be entitled to recover its reasonable attorneys' fees and expenses from the other party. 12.6 Injunctive Relief. A breach of any of the representations, warranties, or covenants contained in this Agreement will result in irreparable and continuing damage to Company for which there will be no adequate remedy at law, and Customer acknowledges and agrees that Company is therefore entitled to seek injunctive relief to restrain a breach or threatened breach of this Agreement or to specifically enforce this Agreement, without proving that any monetary damages have been sustained and without the requirement of posting a bond or other security. The foregoing equitable remedy will be deemed to be non- exclusive and in addition to all other remedies available at law or in equity. All rights and remedies are cumulative and may be exercised singularly or concurrently. 12.7 Survival. Sections5, 6.4, 7.2, 8, 9, 10, and 12 and the rights and obligations therein will survive termination of this Agreement for any reason. 12.8 Waiver. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be 25KK -16 deemed a waiver of any other provision or of such provision on any other occasion. 12.9 Authority. Any person executing this Agreement in a representative capacity in so signing this Agreement acknowledges his or her authority to do so and his or her authority to bind the entity on whose behalf the Agreement is signed. 12.10 Entire Agreement. This Agreement and the attached Exhibits A and B, which are incorporated into and made a part of this Agreement by this reference, constitute the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This Agreement may be amended only by a written document signed by both parties. The terms on any purchase order or similar document submitted by Customer to Company will not modify the terms and conditions of this Agreement or have any force or effect. 12.11 Counterparts. This Agreement may be signed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and, when taken together, shall be deemed to constitute one and the same agreement. Each party agrees that the delivery of this Agreement by facsimile transmission or by PDF attachment to an e-mail transmission will be deemed to be an original of the Agreement so transmitted and, at the request of either party, the other party will confirm facsimile or e-mail transmitted signatures by providing the original document. 25KK -17 25KK -18 Exhibit A SCOPE OF WORK Municipal Utilities Included Functionality • Current Balance Owed • Partial Payment • Last Billing Date and Amount (Up to last 6) • Credit Card Payment • Next Billing Date • ACH Payment • Last Payment Date and Amount (Up to T last 6( Language Add -On (Spanish) $5,250 Language Add -on (Vietnamese) $5,250 Additional Project Services & Configuration $15,500 Ports Estimate & Server Sharing $10,000T Information Line Tools $4,000T Solution Design and Development Included Selectron Project Management Included On -Site Installation, Travel Expenses and Training Included System Documentation Included 'Each Application Pock enables funRlonollty across vo in g, channels. Howeveq [his functinnaliy must be enabled6V licensing the appropriate channels. We is the only Channel currently being enabled. ' Allfunctionallty listed is contingent on the accessibility of the data and business loglefrm the application database via an API. This Includes access to email addresses for email specific functionality services maybe requiredforalt emotive application database access or to enhance thefuncti oddy andbusiness rules ofaftedional component. Licensi Included Functionality: Validate License Renewal Timeframe & Due Date Validate Discounts Rabies Expiration Language Add -On (spanlsh) Language Add -on (Vietnamese) Ports Estimate & Server Sharing Additional Project Services & Configuration Information Line Tools Solution Design and Development Selectron Project Management On -Site Installation, Travel Expenses and Training System Documentation Included Credit Card Payment ACH Payment Partial Payments $3,000 $3,000 $6,000T $7,500 $1,OOot Included Included Included Subtotal Investment far Dog q, ensmg . „ „ , „ , $44,500 'Each AWfleation Pock enables functionality across various channels. However, this functionality must be enabled by licensing the appropriate channels. IVR is the only Channel currently belay enabled. z Allfunctionality listed is contingent on the accessibility ofth, data ouch..ness loglcfmm the application database via an API. This Includes access to email addressesfec small specific functionality. Services may be requiredfar alternative application database access or to enhance the functionality and business rules ofa functional component. 25KK -19 City Attorney Included Functionality: Information Line (Up to 10 Nodes /F4Qs English) Language Add -On (sponksh) Language Add -on (Vietnamese) Additional Project Services Ports Estimate & Server Sharing Information Line Tools Solution Design and Development Selection Project Management On -Site Installation, Travel Expenses and Training System Documentation Included City Staff Transfers $3,750 $3,750 $3,500 $4,OOOT $10,0OOT Included Included Included 'Each Appl ication Pack enablesfunctiomlity 'crass various channels. However, thisfunctionallty must be enabled by licensing the appropriate channels. NR Is the only Channel currently held, enabled. s All functionality listed is eantingent on the Patesslblllty of the data and business logmhom the application database in an AP1. This Includes amess to email addressesforemail sped)+, functionality. Servlcee may be requiredfor alternative application database access or to enhancethefunction'llty and business rules ofafunctional component. Subtglal for lnbd6nd:lnteractive'Voice ftespvnse Solution ,_ , - - , s „wqy, u 4 .:., „ti., _ _$35QF06( Relay Premise 0ut_hound `� Outbound Premise Setup $8,000 Utility Outbound Call Notification — Delinquency Notification $S,OOOT Utility Outbound Call Notification — Shut -Off Notification $5,000T Utility Outbound Call Ports $4,000T 25KK -20 PAYMENT TERMS *25% Invoiced at time of execution of Agreement *50% Invoiced at completion of execution of on -site installation *25% Invoiced 45 days after on -site installation and testing * *10% of each invoice will be withheld until final acceptance by City to be no later than go "live" or 90 days after on -site installation, whichever comes first. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Phased Implementation: When a phased implementation is mutually agreed to, the same payment terms will be applied to each phase. Taxes: Sales Tax or any other applicable taxes is included in the pricing information in this Exhibit. If Sales tax or any other tax becomes applicable, these taxes will then need to be added to the pricing. ADDITIONAL INFORMATION Time - and - Materials -Based Services: Company will provide custom programming and non - warranty maintenance customer support on a time -and materials basis. Requested design, programming, testing, documentation, implementation work, and customer support approved by Company will be performed at Company's then - current standard published billing rates. Company will issue a quote and Scope of Work to Customer, which Customer must sign and return to Company before work can begin or be scheduled. Additional Training and On -Site Support: All travel and associated travel expenses for the on -site installation work during the initial setup are included in the Fee set forth above. If Customer requests additional on -site work, travel and out -of- pocket expenses will be billed at $1,750.00 per day (minimum of 2 days) with at least 15 -day advance notice from Customer. If 8 -14 days advance notice is provided by Customer, the rate increases to $2,000.00 per day (minimum of 2 days), and if the notice is less than 7 days, the rate increases to $2,500.00 per day (minimum of 2 days). If changes are made to a travel schedule after plans are confirmed, Customer is responsible for any change fees or price changes incurred for airfare, hotel or car rental. On -Going Support: Customer has the option of purchasing support services by entering into a PremierPro Support and Maintenance Agreement with Company. Upon entering into this PremierPro Support and Maintenance Agreement, annual support and maintenance fees are due. The PremierPro Support and Maintenance Agreement details the scope of services and pricing associated with Customer's implementation of such support services, including any warranty periods identified above. 25KK -21 Exhibit B STATEMENT OF WORK 25KK -22 Y f A � Statement of Work Santa Ana, CA Relay Utilities, Dog Licensing, City Attorney 1. Overview ........................................................................ ..............................3 1.1. Revision History ................................................................................. ............................... 3 2. Functionality ................................................................... ..............................4 2.1. The Relay Platform ............................................................................. ..............................4 2.2. Utility Pack ......................................................................................... ............................... 4 2.3. Dog Licensing ..................................................................................... ............................... 5 2.4. City Attorney ...................................................................................... ..............................6 2.5. Relay Outbound ................................................................................. ............................... 6 2.6. Payment Processing ........................................................................... ..............................7 2.7. Languages ........................................................................................... ..............................8 3. System Integration .......................................................... ..............................9 3.1. Application Database Interfaces ....................................................... ............................... 9 3.2. Payment Gateway Interfaces ............................................................ ............................... 9 4. Deployment Model ........................................................ .............................11 5. Administrative Tasks ...................................................... .............................12 5.1. Run System Reports ........................................................................ ............................... 12 5.2. Configure Transfer Rules ................................................................. ............................... 12 5.3. Set Office Hours and Holidays ......................................................... ............................... 12 5.4. Append an Optional Message ......................................................... ............................... 12 25KK -23 Selectron V O I C E - WEB • M O B I L E 5.5. Schedule Outbound Campaigns ...................................................... ............................... 12 6. Responsibilities .............................................................. .............................14 6.1. Selectron Technologies, Inc ................. 14 6.2. Santa Ana, CA .................................................................................. ............................... 15 October 13, 2014 25KK -24 Page 2of17 Selectron V O I C E - W E S ' MOBIL E 1. Overview This Statement of Work (SOW) outlines the services provided by Selectron Technologies, Inc. (Selectron) to Santa Ana, CA (Santa Ana or Customer). The features, functionality, and services are provided through Selectron Technologies' Relay communication platform (Relay). 1.1. Revision History October 13, 2014 Version # Details Date 1.0 Initial Release 1 10/09/2014 1.1 Updates to 2.4 City Attorney 10/13/2014 based on Customer feedback 25KK -25 Page 3 of 17 Selectron V O I C E � W E B - M O B I L E 2. Functionality This section details the functionality of each application included in Relay. All functions and features are dependent upon the accessibility of the Santa Ana's S &S EnQuesta application database (for Utility) orthe custom SQL database (for Dog Licensing) to provide the given Utility data to Relay. 2.1. The Relay Platform Santa Ana's solution will run on Selectron's Relay platform. Relay is a multi - channel, multi- agency platform that is designed to connect customers, constituents, and field workers to government agencies and utilities. Relay offers interactive voice response (IVR), web, mobile, outbound, call center agent, and field worker capabilities all in a single platform. The following sections detail the functionality that will be implemented for Santa Ana. Additional channels, applications, and integrations that are not specified in this SOW are not included, but may be able to be added to the system under a supplemental statement of work. Please contact your Selectron representative for more details for additional functionality. 2.1.1. Application Packs and Channels Santa Ana's solution includes the following application pack and channels: • Application packs: • Utility Pack • Dog Licensing o City Attorney • Channels: o IVR o Outbound 2.2. Utility Pack Santa Ana will be configured with the Utility Pack. The Utility Pack offers Santa Ana's customers with a central point of access for account management and payments. Citizens will be able to enter an account number or phone number and access account data and activities, including: • Current balance owed • Last billing date and amount (up to last 6) • Last payment date and amount (up to last 6) • Next billing date • Payment Processing — Credit Card and E -Check • Partial Payments Acceptance (if desired) All account information is made available through an API to the S &S EnQuesta application database. For any of the features detailed below to function as described, data must be available in this database to be presented to users. October 13, 2014 25KK -26 Page 4 of 17 Selectron VOICE • wee - MOBIL e 2.2.1. IVR Channel The IVR Channel for the Utility Pack provides callers with an Interactive Voice Response (IVR) system for accessing account information and making payments over the phone. Citizens can call the Utility IVR channel in order to hear account information and to make a payment. Citizens will validate their account using an account or phone number and PIN. The IVR validates this data against the S &S EnQuesta application database. Once the account is validated, the IVR will speak the current balance owed and due date. The total amount due includes an aggregate of all current and delinquent amounts owed. The caller will then be given the option of making a payment. If no payment is due, then the IVR will speak that there is currently no payment due. Using the IVR, callers will also be able to hear other account information as listed under Utility Pack, above. Callers will also be able to transfer to an agent. If a caller requests a transfer, the IVR performs a hook -flash transfer to a number specified by Santa Ana. 2.3. Dog Licensing Santa Ana will be configured with a custom application for Dog Licensing. The Dog Licensing application offers Santa Ana's customers with a central point of access for license management and payments. Citizens will be able to enter a license number and access data and activities, including: • License Validation • Renewal Timeframe & Due Date • Discount Validation • Rabies Expiration • Payment Processing— Credit Card and E -Check • Partial Payments Acceptance (if desired) All information is made available through an API to the Custom SOL application database. For any of the features detailed below to function as described, data must be available in this database (via stored procedures or a web service API) to be presented to users. 2.3.1. IVR Channel The IVR Channel for the Dog Licensing application provides callers with an Interactive Voice Response (IVR) system for accessing license information and making payments over the phone. Citizens can call the Dog Licensing IVR channel in order to hear license information and to make a payment. Citizens will need to enter a valid license number in order to perform various activities via the IVR. The IVR validates this data against the Custom SQL database. Once the license is validated, the IVR will speak the renewal tmeframe and October 13, 2014 25KK -27 Page 5 of 17 Selectron V O I C E ' W E B MOBILE due date, as well as an amount due (if any exists). The caller will then be given the option of making a payment. Using the IVR, callers will also be able to access other license information /functions as listed under Dog Licensing, above. Callers will also be able to transfer to an agent. If a caller requests a transfer, the IVR performs a hook -flash transfer to a number specified by Santa Ana. 2.4. City Attorney For Santa Ana's City Attorney information line, Selectron will be building an initial base call flow. During the implementation process, The City's appointed project manager will work with Santa Ana to determine the contents of the info line, up to ten informational nodes. Santa Ana can contact Selectron support to update the info line (including format, prompt recording, etc.). This may incur additional support costs depending on the scope of the changes. In addition, Selectron will provide the City with access to the call flow development tool that Selectron uses to develop IVR call flows. Selectron will also provide the City with basic training on using the tool to update the City Attorney info line call flow where needed. The City will be responsible for recording prompts as needed. The development tool itself and the base call flow are included under the Support & Maintenance agreement. Support related to issues arising from changes made using the call flow development tool may incur additional professional services costs. 2.5. Relay Outbound Relay Outbound provides Santa Ana with a multi - channel outbound communication platform capable of sending Voice, SMS, and email messages to citizens. Two kinds of notifications can be sent: Targeted Notifications, which include dynamic account data and are designed to be sent to specific recipients; and static notifications, which do not include customer - specific data and are designed as more 'general information' style messaging. Static Notifications can be designed and recorded by Santa Ana staff using the Relay Portal. All Notifications are scheduled via the Relay Portal. Santa Ana's Relay Outbound will include targeted notification messaging in the following language(s): English, Spanish. Additionally, recipients receiving a call due to payments owed will have the option of requesting a transfer into the IVR Channel to make a payment. Dynamic Notifications require development and are designed during the implementation process. This project includes the following Dynamic Notifications: October 13, 2014 25KK -28 Page 6 of 17 Selectron VOICE � W E 6' M O@ I L E 2.5.1. Bill Delinquency Notification The Delinquency Notification is used to warn citizens that their account is delinquent. It includes customer - specific data including account number, delinquent amount, and due date. 2.5.2. Impending Shutoff Notification The Impending Shutoff Notification is used to warn citizens that their account will be shut off very soon. It includes customer - specific data including account number, delinquent amount, due date, and shutoff date. 2.5.3. Static Notifications Santa Ana will be able to send Customer - defined static notifications to citizens via phone, email, or SMS text. Santa Ana is responsible for defining and configuring these notifications which can be done via the Relay Portal. Training for configuring and recording static notifications will be provided at the end of the implementation process. 2.6. Payment Processing The Relay solution is configured to accept credit card and a -check payments, allowing customers to make payments against their account. The payment processing engine is a PA -DSS- Verified payment system that does not retain any payment information. Users will need to enter their payment information for each transaction. The Relay payment application interacts with Santa Ana's selected payment gateway to provide payment functionality. Users will need to authenticate and provide valid payment information in order to make a payment. Relay validates the user's payment information before passing it to the payment gateway. When a payment is reported to the IVR as successful, the IVR will post an update to Santa Ana's S &S EnQuesta application database (Utility) or Custom SQL database (Dog Licensing) in real time (only if an API for such an update is available). Santa Ana will be able to take payments from citizens via the following payment methods: • Credit Card • E -Check 2.6.1. Credit Card The interactive solution accepts Visa ®, MasterCard®, Discover®, and American Expresso. Santa Ana can elect to accept all or a subset of these card types. Any credit card types not accepted by Santa Ana will not be accepted by the solution. When taking a payment, Relay verifies the credit card number and expiration date. For more security, Santa Ana can choose to verify the card holder's zip code and /or security code. All credit card transactions are sent through the designated payment gateway. October 13, 2014 25KK -29 Page 7 of 17 Selectron V O I 0 E � WEB • M O B I L E 2.6.2. E -Check Users wishing to pay via E -Check will need to enter their bank routing number, bank account number, bank account type, payment amount, and driver's license number. All E -Check transactions are sent through the designated payment gateway. 2.7. Languages The Customer's Relay application will be configured to support English and the following other language(s): 2.7.1. Spanish Language The Spanish Language module enables the solution to support Spanish language users. Additionally, all dates, numbers, ordinals, currencies, and letters are translated (and voice recorded) to the proper language. The professionally- recorded Spanish prompts use a vocabulary and dialect predetermined by Selectron. Additions and changes to the prompts to account for regional differences are subject to time and materials billing. 2.7.2. Vietnamese Language The Vietnamese Language module enables the solution to support Vietnamese language users. Additionally, all dates, numbers, ordinals, currencies, and letters are translated (and voice recorded) to the proper language. The professionally- recorded Vietnamese prompts use a vocabulary and dialect predetermined by Selectron. Additions and changes to the prompts to account for regional differences are subject to time and materials billing. October 13, 2014 25KK -30 Page 8 of 17 Selectron V 0 I C E' W E 9 - M 0 B 1 L E 3. System Integration Depending on the implemented features, Relay requires varying levels of integration with other Santa Ana components. These are described in the following sections. 3.1. Application Database Interfaces It is anticipated that Selectron will be integrating with Santa Ana's S &S EnQUesta (Utility) or Custom SQL (Doc Licensing) application database. All data -based interactivity on the solution is reliant upon data being available via the API. Selectron typically integrates to the application database in the following manner: • Authenticate user credentials input to access account data • Read account information (see Application Pack descriptions for account data being queried) • Post payment reconciliation data (amount paid, date /time, associated with account) For the Custom SQL Database to support interactivity with the Dog Licensing application, it is assumed that the Customer will be providing an API. Selectron requires either stored procedures /queries or web - service based API. 3.2. Payment Gateway Interfaces The payment processing service is PA -DSS Verified. Integration to the payment gateway initiates the collection and reconciliation of the payments being gathered by the department. It is required that the payment gateway be on the list of Selectron- certified payment gateways and that it integrates utilizing a REST /Web Service implementation. The Customer must select from the list of Selectron's approved payment gateways. Approved gateways are: • USA ePay (AMS) • PayFlowPro (PayPal) • Invoice Cloud • Global Gateway e4 (FirstData) • PayPoint (FirstData) • Simple Order (CyberSource) • Authorize.net If the Customer does not pick a vendor on this list, Selectron will work with Santa Ana to get the gateway of choice approved. This may require additional professional services costs, as will changes to the payment processing vendor after system development. The following payment processing fees and services are not covered by the purchase of the application: • Transaction fees October 13, 2014 Page 9 of 17 25KK -31 October 13, 2014 Selectron VOICE -WEB - MOBILE • Merchant accounts • Third -party payment processing services, fees, and software 25KK -32 Page 10 of 17 Selectron VOICE I WEB ' MOBIL E 4. Deployment Model This implementation of Relay will be deployed on premise at Santa Ana. Selectron will be providing the following hardware to support the Relay solution: two production IVR servers to house the three application packs included in this project. For virtual or physical servers, Relay requires these minimum specifications: • Quad -Core Intel Processor • 16G RAM • RAID 5 drives • MS Windows 2012 R2, 64 -bit If the customer is providing SQL, you must provide: • Microsoft SQL Server 2008 or 2012 Santa Ana's solution is licensed for: • Eight (8) inbound VoIP /SIP IVR ports allowing for up to eight concurrent calls • Two (2) outbound VoIP /SIP IVR ports for up to two concurrent outbound calls October 13, 2014 25KK -33 Page 11 of 17 5electron VOICE � WEB • MOBIL E 5. Administrative Tasks This section details administrative tasks that can be performed in order to manage Relay. All system administration for Relay is handled through the Relay Portal web application. Santa Ana will be provided with a single set of user credentials for the Relay Portal application during the implementation process. Additional users can be created by the Santa Ana's System Administrator as needed. The Relay Portal provides Santa Ana administrators with a single platform for viewing system usage and health, running reports, and configuring various system settings. 5.1. Run System Reports Relay features extensive channel logging. Santa Ana administrators will be able to run system reports via the Relay Portal. Reports that can be run by the administrator include: • System Usage (overall (by channel), by port (for IVR), or by hour) • System Statistics • Call Activity Details • Actions • Payments • Email Activity 5.2. Configure Transfer Rules Operator transfer settings (such as destination numbers and times) can be managed using the Relay Portal. 5.3. Set Office Hours and Holidays Relay will check against the defined office hours and holidays schedule to determine the correct action when transferring calls. Administration of office hours and holidays can be accomplished through the Relay Portal. 5.4. Append an Optional Message Optional messages are configurable voice messages that can be enabled on the IVR. Example messages can be used to inform callers of changes in office hours or upcoming holidays. The Santa Ana system administrator is responsible for recording the optional greeting by calling the IVR and accessing the hidden administrative menu. 5.5. Schedule Outbound Campaigns Using the Relay Portal, administrators can create, edit, and review outbound campaigns made using Relay Outbound. Each instance of an outbound campaign must be scheduled individually. This includes selecting the type of notification, the date /time of delivery, and (for static notifications) the configuration of the message. October 13, 2014 25KK -34 Page 12 of 17 Selectron VOICE • WEB -MOBILE The administrator will also need to upload a contact list in .csv format for the notification. The exact formatting of the .csv file will vary depending on the notification being scheduled. Selectron will provide Santa Ana with example .csv files for the configured notifications included in this project, as well as assistance in generating the outbound call list. October 13, 2014 25KK -35 Page 13 of 17 Selectron VOIOE•WEB'MOBILE 6. Responsibilities 6.1. Selectron Technologies, Inc. This section outlines Selectron Technologies' responsibilities regarding service initiation and operation, 6.1.1. Provide Project Management Selectron Technologies assigns a Project Manager to the service initiation. The Project Manager is the Customer's primary contact at Selectron Technologies and coordinates all necessary communication and resources. 6.1.2. Provide Documentation The Project Manager provides the Customer with the following documents to help facilitate the service initiation process: Implementation Questionnaire- gathers critical information needed to setup and initiate the service. This includes information on the toll free numbers call volume, APIs, account validation information, and the types of payments being gathered. • Remote Access Questionnaire- details information needed by Selectron Technologies to remotely access the Customer's network and application database, prior to system initiation, to allow for complete system testing. • Implementation Timetable- details project schedule and details all project milestones. • Quality Assurance Test Plan- assists the Customer in determining that the interactive solution is functioning as specified in the Contract. • Service Acceptance Sign -off Form- indicates that the Customer has verified service functionality. 6.1.3. Develop Channel Design The Project Manager works with the Customer to develop and complete the following portions of channel design: • IVR call flow design • Outbound messaging configuration Software development cannot begin until these design elements are completed and approved by the Customer. 6.1.4. Perform Quality Assurance Testing Selectron Technologies thoroughly tests all applications and integration points prior to initiation, ensuring system functionality. This includes data read from and written to the application database and the general ability for a customer to successfully access live data and complete a transaction. October 13, 2014 25KK -36 Page 14 of 17 ®Selectron VOICE - WEB � MOBIL E 6.1.5. Provide Installation and Administrative Training For an on premise solution, Selectron will provide two days of onsite installation and training for Santa Ana's Relay solution. 6.1.6. Provide Marketing Materials Selectron Technologies provides marketing collateral that the Customer can use to promote the interactive solution to citizens. Marketing collateral includes a poster, tri- fold brochure, and business card; standard templates for each item are used. Collateral is provided to the Customer in PDF format (original Adobe InDesign files are provided upon request). Marketing collateral will be provided for each department included in this project. Selectron Technologies' Project Manager will assist in gathering the correct information to be displayed on the marketing collateral. Information displayed includes the following: • Toll free phone number(s) • Web addresses • Department logo (preferably in EPS format) • Department address • A description of functionality • Additional contact /informational phone numbers • Samples: where to find account/ permit/ case numbers, etc. Any changes to the collateral that do not include the items listed above (e.g., design changes to the template) are billed on a time and materials basis. Any changes to the marketing materials after final delivery are also billed on a time and materials basis. 6.1.7. Interface Upgrades After service initiation, Santa Ana's S &S EnQuesta database application may release new updates to their application or its interface. Upgrading the Relay interface to be compatible with any Santa Ana application database (or other application database software) may require professional services outside the scope of this service. 6.2. Santa Ana, CA This section outlines the Customer's service initiation and maintenance requirements and responsibilities. 6.2.1. Return Questionnaires and Information Selectron Technologies' Project Manager provides Santa Ana with an implementation questionnaire. The implementation questionnaire must be returned prior to developing the call flow design and the implementation timetable. October 13, 2014 25KK -37 Page 15 of 17 Selectron VOICE - WEB - M O E IIL E 6.2.2. Provide Customer Specific Infformation The following information should be supplied to Selectron Technologies, in conjunction with the Implementation Questionnaire, to help create a precisely integrated product. For further clarification on the format and detail of the following data, refer to the Implementation Questionnaire or contact your Selectron Technologies' Project Manager. • Street names • Observed holidays • Extensions used for transfer functions • Utility account numbering scheme • Validations used for receiving payment on a utility bill 6.2.3. Approve Channel Configuration The Customer is responsible for approving the application design developed by Selectron Technologies' Project Manager. This includes reviewing: • Call flow for the IVR solution • Outbound messaging format Once the channel design(s) have been approved, software development begins. 6.2.4. Provide Remote Network Access to Application Database (s) In order to fully test the interactive solution, Selectron Technologies requires access to Santa Ana's application databases) prior to installation. Selectron Technologies' Project Manager provides a Remote Access Questionnaire to help Santa Ana identify the necessary requirements. If remote access is not granted, the Customer should inform the Project Manager immediately. While system installation can be successful without prior access to the utility database, additional, post - installation development and testing time will be necessary, delaying system activation by 1 -2 weeks. 6.2.5. Provide System Access Selectron Technologies requires access to the Customer's network and database/ system. Changing or deleting access accounts could lead to disruption in service for the interactive solution and /or Selectron Technologies' ability to provide timely support. Please notify Selectron Technologies immediately if the accounts for the Application database, payment gateway or network are modified. Santa Ana is responsible for providing Selectron with appropriate application database and payment gateway network access as defined in the System Integration section. 6.2.6. Confirm Service Functionality Santa Ana, CA has 45 -60 calendar days after service initiation to verify the functionality of the interactive solutions. Within the system acceptance period the Customer should test system functionality using the provided Quality Assurance Test Plan. Additionally, October 13, 2014 25KK -38 Page 16 of 17 Selectron VOICE - WEB - MOBILE the System Acceptance Sign -off form must be sent to Selectron Technologies' Project Manager within this period. 6.2.7. Contact Customer Support Anytime the Customer requests a significant change to their Selectron interactive solution, an authorized contact from the agency must provide acknowledgement to Selectron's Customer Support Department. A significant change is a modification that will A) change system behavior, 3) allow users to change the system, or C) allow access to protected data. October 13, 2014 25KK -39 Page 17 of 17 ,. ,. Software License Agreement — Exhibit C This Software License Agreement ( "SLA" or this "Agreement ") is entered into by and between Select ronTechno logies, Inc. an Oregon corporation and its successors and assigns (collectively, "Company "), and the City of Santa Ana, California ( "Customer "). Company agrees to allow Customer to use Company's computer software and associated media and printed materials, which may or may not include electronic documentation and documentation available via the Internet (collectively, the "Software "), under the terms and conditions of this SLA. By signing below, and /or by installing or otherwise using the Software with Company's permission, Customer agrees to be bound by the terms of this SLA. 1. Grant of License. Subject to the terms and conditions of this SLA, Company grants to Customer a non - exclusive, non- sublicensable, non- transferable and non - assignable (except as specifically set forth herein), and limited license to install and use the Software solely during the Term of this Agreement (the "License "). The License entitles Customer to install and use the Software at its principal place of business solely on a single computer (unless Customer is authorized to install and use the Software on more than one computer, as set forth in that certain Professional Services Agreement between the parties), and solely for Customer's internal business use. A license for each active server, test server, or fail -over server must be expressly purchased for the specific use of the Software on each server. Except as otherwise notified by Company, the Software may not be used in connection with any software not acquired from Company or recommended in writing by Company specifically for use with the Software. Except as expressly set forth in this Section 1, no other right or license is granted to Customer with respect to the Software. Use of the Software requires that Customer use, as part of the Software, certain third -party Runtime - Restricted Use Software. By agreeing to this Agreement and installing and using the Software, Customer agrees to all terms and conditions set forth in the End User License Agreement(s) Including those attached in Exhibit A. 2. License Fee. Customer agrees to pay a license fee for the above - granted license, as set forth in accordance with the terms of that certain Professional Services Agreement between Company and Customer (the "License Fee "). The Professional Services Agreement sets forth a payment schedule and payment terms for the License Fee, which are incorporated into and made a part of this Agreement by this reference. 3. Other Rights and Limitations. 3.1 Transfer of Software. Customer may not rent, lease, distribute, sell, assign, pledge, sublicense, loan, timeshare, otherwise transfer, or otherwise use the Software for the commercial or other benefit of third parties, but Customer may transfer the use of the Software from Customer to a third party on a permanent basis, provided that (i) Customer notifies Company of the transfer in advance of the transfer; (ii) Customer ceases all use of the Software and retains no copies of the Software after the transfer; and (iii) the third - party recipient expressly agrees in writing to the terms of this SLA and provides the signed SLA to Company. In the event of such a transfer, Customer agrees to pay any additional installation, set -up, or training fees arising out of the transfer of the Software to the third party (to the extent that the third party refuses or fails to pay such fees). Customer further agrees to allow Company or its representatives onto Customer's premises to ensure that Customer has ceased all use of the Software and not retained any copies of the Software. 3.2 Limitation on Reverse Engineering, Decompilation, and Disassembly. Customer may not, and may not permit any employee or third party to, reverse engineer, decompile, translate, or disassemble the Software, or otherwise determine or attempt to determine any source code, algorithms, methods, or techniques used or embodied in the Software, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity. 3.3 Other Use Restrictions. Customer may not use the Software for any purpose other than for use on Customer's own internal computer networks, as set forth in this SLA. Customer agrees to comply with all applicable laws, rules, and regulations in its use of the Software. Customer may not, and may not permit is employees or any third party to, (1) modify, translate, or create derivative works based on or derived from the Software; (ii) remove or alter any copyright, trademark, or other proprietary notices, legends, symbols, or labels appearing on or in the Software; (iii) perform, or release the results of, benchmark tests or other comparisons of the Software with other software, media, or materials; (iv) permit the Software to be used for or in connection with processing data or other information on behalf of any third party; or (v) incorporate the Software or any portion thereof into any other materials, products, or services. 25KK -40 3.4 Notice to Users. Customer shall inform all Customer employees who use the Software under the License of all terms and conditions of the SLA, and Customer acknowledges and agrees that it is responsible for all such employee usage of the Software. In the event of any violation of this Section 3, Licensor may immediately terminate this Agreement in accordance with Section 12, and shall be entitled to injunctive relief in accordance with Section 13.9. 4. Copyright. The Software is licensed, not sold. Customer acknowledges and agrees that Company or its suppliers own title to the Software and all present and future copyrights, trade secret rights, patent rights, trademark rights, and all other intellectual property and proprietary rights in and to the Software (including without limitation, all source and object code, algorithms, techniques, methods, images, "applets," photographs, animations, video, audio, music, text, and other content comprising and /or incorporated into the Software), accompanying printed materials, the copy of the Software that Customer is permitted to make under Section 3.4, and all updates and upgrades to and versions and derivative works of the foregoing. Customer may not copy or transfer the Software, except as expressly provided in Section 3 of this Agreement. Customer may not copy the printed materials accompanying the Software without Company's prior written approval in each instance of such proposed copying. 5. Dual -Media Software. Customer may receive the Software in more than one medium. Regardless of the type or size of media Customer receives, Customer may use only the single medium that is appropriate for Customer's single computer. Customer may not use or install the other media on another computer. Customer may not loan, rent, lease, distribute, sell, assign, pledge, sublicense, timeshare, or otherwise transfer the media to another user or use the media for the commercial or other benefit of any third party, except as part of the permanent transfer of the Software under Section 3.1 of this Agreement. 6. Export Restrictions. The Software is subject to the export control laws of the United States and other countries. Customer may not export or re -export the Software, unless Customer has first obtained Company's prior written permission and the appropriate United States and foreign government licenses, at Customer's sole expense. Customer must otherwise comply with, and contractually require that all of its employees comply with, all applicable export control laws and regulations in the use of the Software. The Software may not be downloaded or otherwise exported or re- exported (a) into any country for which the United States has a trade embargo, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List. Customer represents and warrants that it is not located in, under the control of, or a national or resident of any such country or on any such list. Customer shall defend, indemnify and hold Company and all successors, assigns, affiliates, suppliers, and each of their officers, directors, employees, and agents harmless for, from, and against any and all claims, allegations, damages, liabilities, and costs and expenses (including without limitation attorneys' fees and costs) arising out of Customer's violation of such export control laws. Customer further agrees to comply with the United States Foreign Corrupt Practices Act, as amended. 7. Representations and Warranties; Warranty Disclaimer 7.1 Customer represents and warrants that (a) it has full right and power to enter into and perform its obligations under this Agreement, and (b) it will take all reasonable precautions to prevent injury to any persons (including employees of Company) or damage to Company's property during the Term of this Agreement. 7.2 Company represents and warrants that (a) it has full right and power to enter into and perform its obligations under this Agreement, and (b) it will take all reasonable precautions to prevent injury to any persons (including employees of Customer) or damage to Customer's property during the Term of this Agreement. 7.3 Company warrants that the Software will perform substantially in accordance with the specifications set forth in the Scope of Workto the Professional Services Agreement, for a period of one (1) year from the date of the Contract Execution, as that term is defined in the PremierPro Support and Maintenance Agreement, Exhibit A. Any changes or modifications to the Software by any .person other than Company, or any combination of the Software with any other materials by any person other than Company, voids this limited warranty. This limited warranty is also void if failure of the Software results from transportation, neglect, misuse, or misapplication of the Software by any person other than Company; from any accident beyond Company's control; from use of the Software not in accordance with this Agreement or documentation provided in connection with the Software; or from Customer's failure to provide a suitable installation or use environment for the Software. 7.4 The express warranties in Section 7.2 and 7.3 set forth above are in lieu of all other warranties, express, implied or statutory, arising from or related to this agreement and the Software provided to customer hereunder, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non - infringement of third party rights. Customer acknowledges that it has relied on no warranties other than the express warranties in Section 7.2 and 7.3 of this agreement. Except for the express warranty in Section 7.3 of this Agreement, Company provides the software to customer "as is" and "as 25KK -41 available;' and does not warrant that the Software will be uninterrupted or error free, and hereby disclaims any and all liability in connection therewith. This warranty disclaimer is made regardless of whether Company knows or had a reason to know of Customer's particular needs. No employee, agent, dealer or distributor of Company is authorized to modify this limited warranty, or make any additional warranties, whether orally, in writing, or otherwise. This Section 7.4 shall be enforceable to the fullest extent permitted by applicable law. 8. Customer Remedies; Limitation of Liability. 8.1 If Customer finds what it reasonably believes to be a failure of the Software to substantially conform to the functional specifications in the Scope of Work, and provides Company with a written report that describes such failure in sufficient detail to enable Company to reproduce such failure, Company's and its suppliers' entire liability and Customer's exclusive remedy is for Company to use commercially - reasonable efforts to correct or provide a workaround for such failure at no additional charge to Customer. If, in Company's sole discretion, it provides Customer with replacement Software, the replacement Software will be warranted in accordance with the provisions of this Agreement for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Company are available without proof of purchase from an authorized non -U.S. source. 8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS SLA, THE SOFTWARE, AND RELATED DOCUMENTATION. COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS SLA, THE SOFTWARE, AND RELATED DOCUMENTATION, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID TO COMPANY HEREUNDER IN THE TWELVE- (12 -) MONTH PERIOD IMMEDIATELY PRECEDING THE ACTION THAT GAVE RISE TO THE CLAIM. CUSTOMER ACKNOWLEDGES THAT THE LICENSE FEE REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS SLA AND THAT COMPANY WOULD NOT ENTER INTO THIS SLA WITHOUT THESE LIMITATIONS ON ITS LIABILITY. 9. Network Security Disclaimer 9.1 Internet Security. Company's Software may have the ability to connect to the Internet. The Software is designed to operate within Customer's secure network environment, and the Software does not provide any mechanism for security or privacy. Specifically, the Software relies fully on Customer's security measures and implements no further security infrastructure. Company makes no representations or warranties to Customer regarding (1) the security or privacy of Customer's network environment; or (ii) any third -party technologies' or services' a bi lity to meet Customer's security or privacy needs. These third -party technologies and services may include, but are not limited to, operating systems, database management systems, web servers, and payment processing services. Customer is solely responsible for ensuring a secure network environment. 9.2 Remote Access Security. In order to enable code development, and Customer support and maintenance of the Software (if purchased by Customer pursuant to a separate support and maintenance agreement), Company requires remote access capability. Remote access is normally provided by installing PC- Anywhere, ControllT, or other industry standard remote access software. It may also be provided through a Customer solution such as VPN access. Regardless of what method is used to provide remote access, or which party provides remote access software, it is Customer's responsibility to ensure that the remote access method meets Customer's security requirements. Company makes no representations or warranties to Customer regarding the remote access software's ability to meet Customer's security or privacy needs. Company also makes no recommendation for any specific package or approach with regard to security. Customer is solely responsible for ensuring a secure network environment. 9.3 Outbound Services Disclaimer. Outbound services are intended to create additional methods of communication to Customer's employees who use the Software in support of existing processes. These services are not intended to replace all interaction with Customer's employees or become critical path. While the outbound services have been created with the best available tools and practices, they are dependent on infrastructure that is inherently not fail - proof, including but not limited to infrastructure such as software, computer hardware, network services, telephone services, and e-mail. Examples of situations that could cause failure include but are not limited to: down phone lines, all lines busy, equipment failure, email address changes, internet service disruptions. For this reason, while outbound services are valuable in providing enhanced communication, they are specifically not designed to be used as the sole method to deliver critical messages. Customer acknowledges that it is aware of the potential hazards associated with relying on an automated outbound service feature, when using the Software, and Customer acknowledges and agrees that it is giving up in advance any right to sue or make any claim against Company, and that Customer forever releases Company from any and all liability, if Customer, or Customer's employees, suffer injury or damage due to the failure of outbound services to operate, even though Customer does not know what or how extensive those injuries or damages might be. 10. U.S. Government End Users. 25KK -42 10.1 The Software is a "commercial item ", as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation ", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202 -1 through 227.7202 -4, the Software is licensed to any U.S. Government end users (i) only as a commercial end item and (11) with onlythose rights as are granted to all other end users pursuant to the terms and conditions herein. Company and licensor of the Software is Selectron Technologies, Inc., 12323 SW 6611 Avenue, Portland, Oregon 97223, USA. This Section 10.1, consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202 is in lieu of, and supersedes, any other Federal Acquisition Regulation, Defense Federal Acquisition Regulation Supplement, or other clause or provision that addresses United States Government rights in computer software, technical data, or computer software documentation. 10.2 Company advises that, to the extent allowed by law, the resultant contract terms and pricing may be extended to other State of California jurisdictions, public entities, political subdivisions and government cooperative purchasing group(s) whose processing requirements, applications, specifications and standards coincide with the processing requirements, applications, specifications and standards herewith. The extension of this contract to any entity is at the sole discretion of Company. A qualified entity choosing tojoin this contract shall execute a separate contractwith the specifications, pricing, terms and rights provided herewith, directly between the entity and Company, and shall commit a separate purchase order and pay for supplies and services by means of their individual accounting and purchasing departments. Any processing requirements, applications, specifications and /or standards not covered herewith will be developed and priced separately, based on the entity's additional requirements and specifications, and appended to the new resultant contract. The entity shall deal directlywith Company concerning the placement of orders, invoicing, contractual disputes and ail other matters. Failure to extend this contract to any entity shall have no effect on the consideration of Company's current bids or agreements. 11. Support and Maintenance. Customer may purchase support for and maintenance of the Software from Company by entering into a separate PremierPro Support and Maintenance Agreement with Company. 12. Term and Termination. 12.1 This SLA shall continue indefinitely, unless terminated earlier in accordance with this Section 12 (the "Term "). 12.2 Customer may terminate this SLA at any time by returning or deleting all copies of the Software in Customer's possession and providing Company written notice that Customer has done so. Under no circumstances will Company provide a refund of paid fees to Customer. 12.3 Company may terminate this SLA, all other agreements between the parties, if any, and Customer's rightto continue to use the Software hereunder, immediately upon written notice if Customer breaches a material term or condition of this SLA, including Customer's failure to pay the License Fee when due, and fails to cure such breach within sixty (60) days of being notified of the breach by Company. Upon such termination, Customer shall immediately cease all use of the Software, and Company may terminate Customer's access to the Software. Further, upon such termination, Customer must promptly return all copies of the Software and related documentation in its possession or under its control to Company and provide Company with written notice that it has done so. 12.4 Sections 4, 7.4, 8.2, 9, 12, 13 and the rights and obligations therein shall survive any termination of this SLA. 13. General Provisions. 13.1 Independent Contractor Relationship. Company's relationship with Customer will be that of an independent Contractor and nothing in this Agreement should be construed to create a partnership, joint venture, or employer - employee relationship. Customer is not an agent of Company and is not authorized to make any representation, contract, or commitment on behalf of Company, or to bind Company in any way. Company is not an agent of Customer and is not authorized to make any representation, contract, or commitment on behalf of Customer, or to bind Customer in any way. Company will not be entitled to any of the benefits, which Customer may make available to its employees, such as group insurance, profit sharing or retirement benefits. 13.2 Governing Law; Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to and shall not be used to interpret this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought in the federal or state court located in Orange County, California. 13.3 Severability. If any provision of this SLA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, Customer agrees that Section 8 will remain in effect notwithstanding the unenforceability of any provision in Section 7. 13.4 Contact Information. Should Customer have any questions concerning this SLA, or if Customer desires to contact Selectron Technologies, Inc. 25KK -43 for any reason, please contact us at: Selectron Technologies, Inc., 12323 SW 66`h Avenue, Portland, Oregon 97223, USA; www.stigov.com. 13.5 Notice. All notices, consents, and other communications under this Agreement must be delivered in writing by courier, by electronic facsimile (fax), or by certified or registered mail (postage prepaid and return receipt requested) to the other party at the address setforth in Section 13.4 or beneath such party's signature, and will be effective upon receipt or three (3) business days after beingdeposited in the mail as required above, whichever is sooner. Either party may change its address by giving notice of the new address to the other party. 13.6 Public Announcements. Customer shall cooperate with Company so that Company may issue a press release concerning this Agreement; provided, however, Company may not release any such press release without the prior approval of Customer (which shall not be unreasonably withheld, delayed, or conditioned). However, without seeking prior approval in each instance, Company shall have the right to use Customer's name as a customer reference, and to use Customer's trade name on Company's customer lists. 13.7 Attorneys' Fees. In the event of a dispute between Customer and Company concerning the Software or this SLA, the prevailing party in the litigation shall be entitled to recover its reasonable attorneys' fees and expenses from the other party. 13.8 Confidentiality. The Software and all related documentation and materials provided to Customer under this Agreement contain valuable trade secrets, copyrights, proprietary know -how, information, algorithms, techniques, methods, processes, and content (collectively for purposes of this Section 13.8, "Proprietary Information and Materials") that belong to Company or its suppliers, and the Proprietary Information and Materials are being made available to Customer in strict confidence. ANY USE OR DISCLOSURE OF THE PROPRIETARY INFORMATION AND MATERIALS, OTHER THAN IN STRICT ACCORDANCE WITH THIS SLA, IS STRICTLY PROHIBITED AND IS ACTIONABLE AS A VIOLATION OF COMPANY'S AND /OR ITS SUPPLIERS' TRADE SECRETS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS, AS WELL AS A MATERIAL BREACH OF THIS AGREEMENT. 13.9 Injunctive Relief. In the event that Customer breaches any provision of Section 3, Section 4, Section 13.8, or any other material provision of this Agreement, Customer acknowledges and agrees that there can be no adequate remedy at law to compensate Company for such breach; that any such breach will allow Customer or third parties to compete unfairly with Company resulting in irreparable harm to Company that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Company shall be entitled to injunctive and other appropriate equitable relief (without the necessity of proving actual damages or of posting a bond or other security), in addition to whatever remedies Company may have at law, in equity, under this Agreement, or otherwise. 13.10 Waiver. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 13.11 Authority. Any person executing this Agreement in a representative capacity in so signing this Agreement acknowledges his or her authority to do so and his or her authority to bind the entity on whose behalf the Agreement is signed. 13.12 Entire Agreement. This SLA constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This SLA may be amended only by a written document signed by both parties. The terms on any purchase order or similar document submitted by Customer to Company will not modify the terms and conditions of this Agreement or have any force or effect. 13.13 Counterparts. This Agreement may be signed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and, when taken together, shall be deemed to constitute one and the same agreement. Each party agrees that the delivery of this Agreement by facsimile transmission or by PDF attachment to an e-mail transmission will be deemed to be an original of the Agreement so transmitted and, at the request of either party, the other party will confirm facsimile or e-mail transmitted signatures by providing the original document. 25KK -44 [Signature Page Follows] In Witness Whereof, the parties have caused this Agreement to be executed by their duly authorized representative. Selectron Technologies, Inc. Customer: By: Todd A. Johnston By: Signed: Signed: Title: President Title: Date: Date: Address: 12323 66th Avenue Address: Portland, OR 97223 25KK -45 PremierPro Support and Maintenance Agreement— Exhibit D This PremierPro Support and Maintenance Agreement (this "Agreement ") is entered effective as of the Service Date (as set forth in Exhibit Ato this Agreement), by and between Selectron Technologies, Inc., an Oregon corporation and its successors and assigns (collectively, "Company ") and the City of Santa Ana, California, ( "Customer "). Upon the terms and conditions of this Agreement and for the fees specified in this Agreement, Company will provide to Customer support and maintenance forthe Products, as outlined below and set forth in Exhibit Ato this Agreement, for the Term of the Agreement (defined below). 1. Initial Term: The initial term of this Agreement shall commence upon Contract Execution Date (as that term is defined in Exhibit A), with respect to purchase of the Company product(s) to which this Agreement relates (the "Products "), and shall continue for a period of 12 months (the "Initial Term "). A list of the Products is attached as Exhibit A to this Agreement. 2. Renewal: a) This Agreement will automatically renew for successive terms of one (1) year each (each, a "Renewal Term ") unless either party gives written notice of non - renewal at least thirty (30) days before the end of the Initial Term or then - current Renewal Term. The Initial Term and all Renewal Terms shall be collectively referred to in this Agreement as the "Term ". b) The Customer shall maintain continuous coverage of its support contracts in order to be eligible for telephone support, and other services provided hereunder. If Customer provides notice of its intent not to renew the Agreement for any given Renewal Term, under Section 2(a), and Customer later decides to reinstate support services, the Customer must pay all fees that would otherwise have been paid had this Agreement been renewed without interruption. 3. Termination: This Agreement may be terminated by either party at any time and for any reason upon ninety (90) days' priorwritten notice to the other party. Upon termination of this Agreement by either party and for any reason, Customer shall immediately pay all amounts then due to Company, but Customer shall not be responsible for paying subsequent fees due for the remainder of the then - current Initial Term or Renewal Term. 4. Fees: The Customer shall pay Company the service fee set forth in Exhibit A to this Agreement, for the support and maintenance services described in Section 5 of this Agreement (the "PremierPro Support"). S. Support and Maintenance: The PremierPro Support includes: a. Telephone support for general use questions during normal business hours (6:00 a.m. to 5:00 p.m. Pacific Time, Monday through Friday)* b. Use of Company's toll free number for PremierPro Support inquiries c. On -Line technical diagnostic support d. Software correction updates that are made generally available to Company's customers e. 24 Hours, 7 days per week, 365 days per year support for emergency (system down or inoperable) calls g. Development work necessary to support standard version updates to Customer's host database (i.e. land management software, utility billing software) and back -end database. This requires two (2) weeks' notice prior to planned system update in order to accommodate scheduling of resources. Please contact support @STlgov.com to schedule. h. Quarterly Proactive System Review. Company will perform, on a quarterly basis, the following system diagnostics and create a history file and notify the primary Customer contact with the results of these actions: 1. Assess the current machine resources including memory, processor, and disk - space utilization 2. Examine log files including error logs to identify any anomalous entries 3. Apply current validated software updates to the operating system, device drivers, and database server software. I. 'Out -of- cycle' critical updates. Updates that meet these criteria are intended to cure failures that might be likely to cause hardware damage, system unavailability, data corruption, or severe data vulnerability. *Non- emergency calls made after normal business hours will be billed at an hourly rate of 1.5 times the current day labor rate, with a two hour minimum charge. 25KK -46 6. Support Services: This Agreement does not include, and the fee set forth in Exhibit A to this Agreement does not cover, support services relating to the following items: a) Any support or maintenance services relating to Products that have been altered or modified by anyone other than Company or a third party on Company's behalf. b) Hardware replacement or software errors as a result of causes beyond Company's reasonable control. c) Version upgrades of host or backend database software. d) Direct support for the required application program interface either purchased or procured as part of the integrated solution. e) Enhancements, replacements, or modifications to current Product versions performed at the Customer's request and not intended to resolve a product failure. f) Services, support, and configuration of passive fail - over server (unless expressly purchased and listed in Exhibit A to this Agreement). Upon Customer's request, Company may, in its discretion, agree to provide one or more of the above - listed services in this Section 6, at Company's then - current published hourly rates or for a fixed fee. If Customer's payments under this Agreement for PremierPro Support provided under Section 5 are current upon Customer's request for services described in this Section 6, and Company agrees to provide services described in this Section 6, Customer will receive preferred rates for both standard and after -hours services. 7. Hardware Maintenance: Company, at its sole discretion, may use new or refurbished parts for the repair of any Company - provided hardware in connection with performance of PremierPro Support or services provided under Section 6 of this Agreement. 8. Customer Preventative Maintenance: Customer shall perform all necessary preventative maintenance as outlined in Company's Administrative Guide, which may be updated from time to time by Company. Notwithstanding anything to the contrary in this Agreement, if Customer's failure to perform the required preventative maintenance is determined, in Company's reasonable discretion, to be the cause of any support call, Customer will be billed for the support call and the services required to service the Product, at Company's then - current hourly rate. 9. Response Times: Non - emergency support calls will be responded to within one (1) business day, however most calls are handled within two (2) hours of receipt. For PremierPro Support calls made during non - business hours, an answering service takes all support calls. Calls that are placed as an emergency (system down or inoperable) will be dispatched to the on -call support staff for response within four (4) hours. Non - emergency calls will be directed to support personnel, and will be responded to the next business day. 10. Customer Contacts: Three (3) customer support contacts are allowed. Additional contacts may be added at any time for an additional $500.00 per contact per Initial Term or then - current Renewal Term. Only Customer's customer support contacts may contact Company for support services. Customer's customer support contacts are as set forth on Exhibit A to this Agreement. Customer may change its customer support contacts upon thirty (30) days' written notice to Company. 11. Representations and Warranties; Warranty Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PREMIERPRO SUPPORT SERVICES AND OTHER SERVICES PROVIDED HEREUNDER, AND ALL ASSOCIATED PRODUCTS, ARE PROVIDED TO CUSTOMER "AS IS" AND AS AVAILABLE, AND COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. This warranty disclaimer is made regardless of whether Company knows or had a reason to know of Customer's particular needs. No employee, agent, dealer or distributor of Company is authorized to modify this warranty disclaimer, or to make any warranties, whether orally, in writing, or otherwise. 12. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, THE PRODUCTS, AND /OR THE PREMIERPRO SUPPORT OR OTHER SERVICES PROVIDED OR CONTEMPLATED UNDER THIS AGREEMENT. COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE PRODUCTS, AND THE PREMIERPRO SUPPORT OR OTHER SERVICES PROVIDED OR CONTEMPLATED UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO COMPANY HEREUNDER IN THE TWELVE- (12 -) MONTH PERIOD IMMEDIATELY PRECEDING THE ACTION THATGAVE RISE TO THE CLAIM. CUSTOMER ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT COMPANY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. 13. Downtime Credit: 25KK -47 13.1 If Company materially fails to perform its obligations under this Agreement, and such failure results in downtime of the relevant Product that exceeds 48 hours, Customer's sole remedy, and Company's entire liability, shall be a pro rata refund of the fees paid, as prorated to equal the amount of downtime ( "Downtime Credit "). In order to receive a Downtime Credit, Customer must notify Company in writing of its request for a Downtime Credit within seven (7) days from beginning of the downtime; provided, however, that Customer will not be entitled to any Downtime Credit unless Customer notified Company of the downtime within twenty -four (24) hours of beginning of the downtime. In no event shall any Downtime Credit or the total cumulative damages for a breach of this Agreement by Company be more than the amounts previously paid by Customer under this Agreement in the 12 month period immediately preceding the applicable downtime or breach. 13.2 As used in this Agreement, Customer acknowledges and agrees that "downtime' includes time when the products are live and fully accepted by Customer, the applicable Product is not accessible, but downtime does not include regularly - scheduled maintenance or scheduled maintenance of which Customer is given at least three (3) days' advance notice. "Downtime" also does not include inaccessibility of the Products caused by third parties outside of Company's reasonable control, such as Internet Service Providers, electricity providers, and telecommunications service providers. 14. Network Security Disclaimer: 14.1 Internet Security. Company's Products may include software that connects to the Internet. The software is designed to operate within Customer's secure network environment, and the software does not provide any mechanism for security or privacy. Specifically, the software relies fully on Customer's security measures and implements no further security infrastructure. Company makes no representations or warranties to Customer regarding (1) the security or privacy of Customer's network environment; or (ii) any third -party technologies' or services' ability to meet Customer's security or privacy needs. These third -party technologies and services may include, but are not limited to, operating systems, database management systems, web servers, and payment processing services. Customer is solely responsible for ensuring a secure network environment. 14.2 Remote Access Security. In order to enable code development, and Customer support and maintenance of the Products, Company requires remote access capability. Remote access is normally provided by installing PC- Anywhere, ControllT, or other industry standard remote access software. It may also be provided through a Customer solution such as VPN access. Regardless of what method is used to provide remote access, or which party provides remote access software, it is Customer's responsibility to ensure that the remote access method meets Customer's security requirements. Company makes no representations or warranties to Customer regarding the remote access software's ability to meet Customer's security or privacy needs. Company also makes no recommendation for any specific package or approach with regard to security. Customer is solely responsible for ensuring a secure network environment. 14.3 Outbound Services Disclaimer. Outbound services are intended to create additional methods of communication to Customer's employees who use the Products in support of existing processes. These services are not intended to replace all interaction with Customer's employees or become critical path. While the outbound services have been created with the best available tools and practices, they are dependent on infrastructure that is inherently not fail - proof, including but not limited to infrastructure such as software, computer hardware, network services, telephone services, and e- mail. Examples of situations that could cause failure include but are not limited to: down phone lines, all lines busy, equipment failure, email address changes, internet service disruptions. For this reason, while outbound services are valuable in providing enhanced communication, they are specifically not designed to be used as the sole method to deliver critical messages. Customer acknowledges that it is aware of the potential hazards associated with relying on an automated outbound service feature, when using the Products, and Customer acknowledges and agrees that it is giving up in advance any right to sue or make any claim against Company, and that Customer forever releases Company from any and all liability, if Customer, or Customer's employees, suffer injury or damage due to the failure of outbound services to operate, even though Customer does not know what or how extensive those injuries or damages might be. 15. Government Contracts: 15.1 In the event that Company shall perform Services under this Agreement in connection with any government contract or in which Customer may be the prime contractor or subcontractor for a government contract, Company agrees to abide by all laws, rules, and regulations relating to said government contract; provided that Customer provides a copy of the contract to Company prior to execution of this Agreement. 15.2 Company advises that, to the extent allowed by law, the resultant contract terms and pricing may be extended to other State of California jurisdictions, public entities, political subdivisions and government cooperative purchasing group(s) whose processing requirements, applications, specifications and standards coincide with the processing requirements, applications, specifications and standards herewith. The extension of this contract to any entity Is at the sole discretion of Company. A qualified 25KK -48 entity choosing to join this contract shall execute a separate contract with the specifications, pricing, terms and rights provided herewith, directly between the entity and Company, and shall commit a separate purchase order and pay for supplies and services by means of their individual accounting and purchasing departments. Any processing requirements, applications, specifications and /or standards not covered herewith will be developed and priced separately, based on the entity's additional requirements and specifications, and appended to the new resultant contract. The entity shall deal directly with Company concerning the placement of orders, invoicing, contractual disputes and all other matters. Failure to extend this contract to any entity shall have no effect on the consideration of Company's current bids or agreements. 16. Severability: If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, Customer agrees that Sections 12 and 13 will remain in effect notwithstanding the unenforceability of any provision in Section 11. 17. Force Majeure: Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the reasonable control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay, to mitigate the harm or damage caused by such delay, and to resume performance as soon as possible. 18. Independent Contractor Relationship: Company's relationship with Customer will be that of an independent Contractor and nothing in this Agreement should be construed to create a partnership, joint venture, or employer - employee relationship. Customer is not an agent of Company and is not authorized to make any representation, contract, or commitment on behalf of Company, or to bind Company in any way. Company Is not an agent of Customer and is not authorized to make any representation, contract, or commitment on behalf of Customer, or to bind Customer in any way. Company will not be entitled to any of the benefits, which Customer may make available to its employees, such as group insurance, profit sharing or retirement benefits. 19. Governing Law; Jurisdiction: This Agreement will be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to and shall not be used to interpret this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought in the federal or state court located in Orange County, California. 20. Notice: All notices, consents, and other communications underthis Agreement must be delivered in writing by courier, by electronic facsimile (fax), or by certified or registered mail (postage prepaid and return receipt requested) to the other party at the address set forth beneath such party's signature, and will be effective upon receipt or three (3) business days after being deposited in the mail as required above, whichever is sooner. Either party may change its address by giving notice of the new address to the other party. 21. Attorney's Fees: In the event of a dispute between Customer and Company concerning this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and expenses from the other party. 22. Survival. Sections 3, 11.3, 12, 14 -25 and the rights and obligations therein will survive expiration or early termination of this Agreement. 23. Waiver: All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 24. Authority: Any person executing this Agreement in a representative capacity in so signing this Agreement acknowledges his or her authority to do so and his or her authority to bind the entity on whose behalf the Agreement is signed. 25. Entire Agreement: This Agreement and the attached Exhibit(s), which are incorporated into and made a part of this Agreement bythis reference, constitute the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This Agreement may be amended only by a written document signed by both parties. The terms on any purchase order or similar document submitted by Customer to Company will not modify the terms and conditions of this Agreement or have any force or effect. 26. Counterparts: This Agreement maybe signed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and, when taken together, shall be deemed to constitute one and the same agreement. Each party agrees 25KK -49 that the delivery of this Agreement by facsimile transmission or by PDF attachment to an e-mail transmission will be deemed to be an original of the Agreement so transmitted and, at the request of either party, the other party will confirm facsimile or e-mail transmitted signatures by providing the original document. 25KK -50 [Signature Page Follows] In Witness Whereof, the parties have caused this Agreement to be executed by their duly authorized representative. Selectron Technologies, Inc. By: Todd A. Johnston Signed: Customer: By: _ Signed: _ Title: President Title: Date: Date: Address: 12323 SW 6611 Avenue Address: Portland, OR 97223 25KK -51 EXHIBIT A Pricing Future Service Fee Estimates (for Renewal Terms following the Initial Term of this Agreement): Item Dates covered Amount Payment Due Date Relay Utility Platform January 1, 2015 to Included Included Application December 31, 2015 Relay Utility Platform January 1, 2016 to $14,550.00 December 15, 2015 Application December 31, 2016 Relay Utility Platform January 1, 2016 to $15,275.00 December 15, 2016 Application December 31, 2016 Relay Utility Platform January 1, 2016 to $16,040.00 December 15, 2017 Application December 31, 2016 Relay Utility Platform January 1, 2016 to $16,840.00 December 15, 2018 Application December 31, 2016 Relay Utility Platform January 1, 2016 to $17,680.00 December 15, 2019 Application December 31, 2016 Item Dates covered Amount Payment Due Date Relay Dog License January 1, 2015 to Included Included Application December 31, 2015 Relay Dog License January 1, 2016 to $6,675.00 December 15, 2015 Application December 31, 2016 Relay Dog License January 1, 2017 to $6,995.00 December 15, 2016 Application December 31, 2017 Relay Dog License January 1, 2018 to $7,365.00 December 15, 2017 Application December 31, 2018 Relay Dog License January 1, 2019 to $7,725.00 December 15, 2018 Application I December 31, 2019 Relay Dog License January 1, 2020 to $8,110.00 December 15, 2019 Application December 31, 2020 Item Dates covered Amount Payment Due Date Relay City Attorney January 1, 2015 to Included Included Application December 31, 2015 Relay City Attorney January 1, 2016 to $4,575.00 December 15, 2015 Application December 31, 2016 Relay City Attorney January 1, 2016 to $4,795.00 December 15, 2016 Application December 31, 2016 Relay City Attorney January 1, 2016 to $5,045.00 December 15, 2017 Application December 31, 2016 Relay City Attorney January 1, 2016 to $5,295.00 December 15, 2018 Application December 31, 2016 Relay City Attorney January 1, 2016 to $5,560.00 December 15, 2019 Application December 31, 2016 Notes: • Contract Execution Date is defined as the earlier of the Customer document signature date or Customer Purchase Order date for purchased product. If no dates are identified by Customer, Company signature date will then be identified as the effective date. • The above coverage dates will be adjusted to reflect actual Contract Execution Date. 25KK -52 • Future service fee amounts in the table above for Renewal Terms are estimates, which may be increased or decreased. The future service fee estimates do not include increases to reflect additional functionality purchased. • Future service fee estimates for Renewal Terms are not a guarantee that Company will agree to automatic renewal of this Agreement, and future service fee estimates shall not affect Company's right to provide notice of non - renewal under Section 2 of the Agreement. Products and Licenses for which Company will Provide PremierPro Support Municipal Utilities Relay Utility Pack Interactive Voice Response Solution 1, z ;{ Included Functionality: • Current Balance Owed • Partial Payment • Last Billing Dateand Amount(Upto last 6) • Credit Card Payment • Next Billing Date • ACH Payment • Last Payment Date and Amount (Up to last 6) Language Add -On (Spanish) Language Add -on (Vietnamese) Additional Project Services & Configuration Ports Estimate & Server Sharing Information Line Tools Dog Licensing Relay Dog License Add -On Interactive Voice Response Solution t,2 Included Functionality • Validate License • Credit Card Payment • Renewal Timeframe &DUe Date • ACH Payment • Validate Discounts • Partial Payments • Rabies Expiration Language Add -On (epah, h) Language Add -on (wear.,: ) Ports Estimate & Server Sharing Additional Project Services & Configuration Information Line Tools City Attorney Relay City Attorney Information Line iVR Solution Included Functionality: • Information Line (Up to to Nodes/FAps- English) Language Add -On (spsruh) Language Add -on (w Lrr,ne :e) Additional Project Services Ports Estimate & Server Sharing Information Line Tools • City Staff Transfers 25KK -53 Jurisdiction Name: Address: City: Contact: Contact: Contact: Group Email for all three contacts: State: _ Zip: Telephone: Telephone: Telephone: 25KK -54 CERTIFICATE OF= LIABILITY INSURANCE 10/09/2014 D�YY( THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsenlent(s). PRODUCER W.B. Adams Company ',: General Insurance 14737 SW Mililkan Way ' Beaverton OR 97006 cONTAGT W.B. Adams Co. _ PHONE X03 644.9945 LAL Not, (603) 644.9997 o eIESS info[W,wbadams.com IN URE S AFFORDING COVERAGE N wsuRERA One Beacon Insurance Compan AXI _ LIMITS INSURED Selectron Technologies, Inc. 12323 SW 66th Ave, Portland, OR 97223 _INSURER e: Hartford Casualty Insurance Co_A XV_..__ INSUSES Q 1 ',,. _ IN D,,,,_ ,R N_u— . 1,000,000 INSURER F: $11000,000 $10000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF__SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTq TYPE OF INSURANCE DDL'SUBR POLICY MB `R POLICY EFP POLIC E %P D _ LIMITS GENERAL LIAaILITY ',,. EACH OCCURRE CE . 1,000,000 DAMAGE TO RENTED $11000,000 $10000 A X COMMERCIgL GENERAL _ CLAIMS -MADE IA.J OCCUR 7110137430001 1131114 1131115 MED EXP tAny one pera0n PERSONAL &ADV INJURY S 9,000.000____ GENERALAGGREGATE GEN'LAGGREGATELIMITAP IESPER: _.L2,000,000 PRODUCTS COMPIOPAGr 32,000,000 $ -- X POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -$1000 000 BODILY I NJURY(Per person) A X ANY AUTO $ SOOILYINJURY(Parocaident) $ ALL OWNED SCHEDULED AUTOS AUTOS 7110137430001 1/31114 1/31115 — HIRED AUTOS NON -OWNED PROPERTY DAMAGE 5 B )( UMBRELLA LIAD X OCCUR EACH O G R E CE S S 000,000 AGGREGATE 5.000,_000 i_ A EXCESS LIAB CLAIMS,MADE 7110137430001: 1/31/14 1/31115 D I I RETENTION 3 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFPICEWMEMBER EXCLUDED ?EDUTIV j (Mandatory In NH) (L, -��J NIA 62WBCGDO2791 1131/14 1/31/15 X WC STATU OTH- - E. L. EACH ACCIDENT___._ EL. DISEASE EA EMPLOYEE g1z000,000 $1,000000_ E.L. DISEASE - POLICY LIMIT $1,000,000 It yes, describe under DESCRI PTO N OP O PERATIO 5 dolfea A Technology Services E IS 0 _ Agg: $1,000,000 Ded: $90,000 Retroactive Date 01131/2002 7110137430001'. 1131/14 1/31115 Each Claim $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) City of Santa Ana is additional insured as respecting General Liability per written contract. Insurance is Primary and Noncontributory per written contract. City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLIIJ(* dOVISIONS. The ACORD name and logo are registered 25KK -55 V-2010 AGORD of ACORD reserved, THIS CHANGES THE POLICY, PLEASE READ IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies Insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule Ists the coverage extensions provided by this endorsement. Refer to the Individual provisions to determine the extent of your coverage. 1. ADDITIONAL INSURED— BROAD FORM, VENDORS Section II — Who Is An Insured is amended to .include as an additional Insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed In a written contract or agreement to provide insurance, but only with respect to'bodity Injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply to: (1) 'Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of Inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by or for the vendor, or (8) 'Bodily injury" or "property damage" a sing out of the sale negligence of the vendor for its own acts or omissions or those of-its employees or anyone else acting on its behalf, However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6,; or VCG 207 e7 09 Includes copyrighted material of insuranoo Services Office, Inc. Page 1 of7 Copydght 2000, OnaBeacon ineurance Group LLC VNSURED 25KK -56 SCHEDULE OF COVERAGE EXTENSIONS 1, Additional Insured — Broad Farm Vendors 8. Coverage Territory — Worldwide 2. Additional Insured — by Contract, Agreement or 9. Duties In Event of Occurrence, Claim or Suit Permit relating to 10, Expected or Intended Injury (PD) • Work performed by you 11. Incidental Medical Malpractice • Premises you own, rent, lease or occupy 12. Medical Payments • Equipment you lease 13. Mobile Equipment Redefined 3. Aggregate Limit Per Location 14, Newry Acquired or Formed Organizations 4. Blanket Waiver of Subrogation 15. Non -Owned Aircraft 5. Bodily Injury Redefined — MentalAnguish 16. Non -Owned Watercraft 6. Broadened Named Insured 17. Personal and Advertising Injury 7. Broadened Property Damage 18, Product Recall Expense • Borrowed Equipment 19, Supplementary Payments Increased Limits • Customers' Goods • Use of Elevators 1. ADDITIONAL INSURED— BROAD FORM, VENDORS Section II — Who Is An Insured is amended to .include as an additional Insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed In a written contract or agreement to provide insurance, but only with respect to'bodity Injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply to: (1) 'Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of Inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by or for the vendor, or (8) 'Bodily injury" or "property damage" a sing out of the sale negligence of the vendor for its own acts or omissions or those of-its employees or anyone else acting on its behalf, However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6,; or VCG 207 e7 09 Includes copyrighted material of insuranoo Services Office, Inc. Page 1 of7 Copydght 2000, OnaBeacon ineurance Group LLC VNSURED 25KK -56 (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) Any vendor, person or organization If the 'products - completed operations hazard" is excluded either by the provisions of the Coverage Form or by endorsement. b. This Insurance does not apply to any Insured person or organization, from whom you have acquired such products, orany Ingredient, part or Container, entering into, accompanying or containing such products, 2. ADDITIONAL INSURED— CONTRACT, AGREEMENT ORPERMIT a. Section II — Who Is An Insured is amended to include as an additional Insured any person(s) or organl- zation(s) with whom you agreed in a written contract, written agreement or pen nit to provide Insurance such as is afforded under this Coverage but only with respect to liability for "bodily Injury", 'property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behar: 1. In the performance of'your work" for the additional Insured(s) at the location designated In the contract. agreement or pern it; or 2. In the maintenance, operation or use of equipment leased to you by such person(s) ororganization(s), or 3. In connection with premises you own, rent, lease or occupy. This Insurance applies on a primary or primary ; and non-contributory basis if that Is required in writing by the contract, agreement or permit. b. The insurance provided to the additional insured herein is limited. This Insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy; and (b) the contract or agreement was executed or pemdt Issued prior to the 'bodily injury", "property damage ", or "personal and advertising Injury"; 2. To any person or organization Included as an Insured under the Additional Insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. To any person or organization if the 'bodily injury", "property damage ", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving,) or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. 6, To any; (a) Lessor of equipment after.the equipment lease terminates or expires; or (b) Owners or other interests from whom land has been leased; or (c) Managers or lessors of premises If, (1) The "occurrence" takes place after you cease to be a tenant in that premises; or (2) The 'bodily injury', 'property damage ", 'personal and advertising Injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor, 6. To'bodly injury, or 'property after. (a) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (b) That portion of 'Your war ' V cut of whrch the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as part of the same project. Paget of Indudoo wpyrightod material oflnsrranw services ofooe, Ma VCG 207 07 09 Copyright 2006, OoeBeacon nsuranoo Group LLC 25KK -57 a. Limits of Insurance applicable to the additional Insured are those specified In the contract, agreement or permit or In the Declarations of this policy, whichever Is less, and fix the mostwe will pay regardless of the numberob 1. Insureds; 2. Claims made or "suits" brought; or 3. Persons or organizations making claims orbringing "suits". These Limits of Insurance are Inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III —Limits of Insurance, the General Aggregate Limit applies separately to each of your 'locations" owned by or rented or leased to you, b. Under Section V — Definitions, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadways waterway or right- of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION''. Section IV — Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of yourongoing operations done under a written contract oragreement with that person or organization and Included in 'your work" or the "products- completed operations hazard ". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the 'bodily Injury" or "property damage ", that requires you to waive your rights of recovery, 5. BODILY INJURY REDEFINED — MENTAL ANGUISH Under Section V, the definition of "bodily injury" Is replaced by the following: "Bodily Injury" means bodily Injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time, fi. BROADENED NAMED INSURED Section If — Who Is An Insured is amended to Include as an Insured the following: Any organization which is a legally incorporated entity in which you own a financial Interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured unlit the 180th day or the end of the policy period, whichever comes first, provided there is no other similar Insurance available to that organization.l_ The Insurance afforded herein does not apply to any entity which Is also an insured under another policy or would be an Insured under such policy but for Its termination or the exhaustion of its limits of Insurance. 7. BROADENED PROPERTY DAMAGE — BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The Insurance for "property damage" liability Is subject to the following; a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided It is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; (b) Personal property in the care, custody or control of the insured; and (c) That particular part of any property that must be restored, repaired or replaced because 'your work' was incorrectly performed onat do not apply to "property damage" to "customers' goods" while on your promises nor do they apply to 'property damage" arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods" Is $35,000 per "occurrence ". VCG 207 07 09 Indudes copyrighted material ofineunmce Servlcse crow, Inc. Page a or Copyright 2000, Onelleacon Insurance Group LLO 25KK -58 REQUEST FOR m , COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014-21 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO, 2014 -22 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M., AND CONDITIONAL USE PERMIT 2014 -23 TO ALLOW A BANQUET USE AT EAT CHOW RESTAURANT LOCATED AT 313 NORTH BUSH STREET - BRIAN MCREYNOLDS, APPLICANT {STRATEGIC PLAN NO. 3, ?„} CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _-2c• _r ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10121/2014 Meeting not convened on 10/712014 FILE NUMBER due to unforeseen circumstances Receive and file the staff report approving Conditional Use Permit No. 2014 -21, Conditional Use Permit No. 2014 -22 conditioned, and Conditional Use Permit No. 2014 -23 as conditioned. PLANNING COMMISSION ACTION On September 8, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit (CUP) No. 2014 -21 to allow a Type 47 ABC license in order to sell beer, wine and distilled spirits for on- premise consumption, Conditional Use Permit No. 2014 -22 as conditioned to allow business operations until 2:00 a.m., and Conditional Use Permit No. 2014 -23 as conditioned to allow a banquet use by a vote of 7:0 for the Eat Chow Restaurant located at 313 North Bush Street in the Transit Zoning - Downtown (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Brian McReynolds, the applicant, is applying for a CUP to allow a Type 47 ABC license for his restaurant, Eat Chow. He is also applying for a CUP to allow the restaurant to remain open until 2:00 a.m., and a CUP for a banquet use. Eat Chow will be a full- service, independently owned restaurant that will serve appetizer plates, burgers and hot/cold sandwiches, along with a variety of entrees including tacos, salads, and fish /chicken. There are two existing Eat Chow locations in Newport Beach and Costa Mesa. Full -sized plans are available for public viewing in the Clerk of the Council Office, 31A-1 CUP Nos. 2014 -21, 2014 -22 & 2014 -23 October 7, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Objective No. 2 (create new opportunities for business /job growth development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. ei -,, -ate Karen Haluza Interim Executive Director Planning & Building Agency HS:rb hs: EalChcW /C UP 14.21,22,23.cc Exhibit: A. Planning Commission Staff Report 31A-2 Economic Development, and encourage private REQUEST SEPTEMBER 8, 2014 TITLE: PUBLIC HEARING — FILED BY BRIAN MGREYNOLDS FOR CONDITIONAL USE PERMIT NO. 2014-21 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2014-22 TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT 2014 -23 TO ALLOW A BANQUET USE AT EAT CHOW RESTAURANT LOCATED AT 313 NORTH BUSH STREET Prepared by Hally Saboleske PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO 2. Adopt a resolution approving Conditional Use Permit Ito. 2014 -22 as conditioned to allow business operations until 2:00 a.m. 3. Adopt a resolution approving Conditional Use Permit No. 2014 -23 as conditioned to allow a banquet use. DISCUSSION Request of Applicant Brian McReynolds, proprietor for Eat Chow restaurant, is requesting approval of a conditional use permit (CUP) to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine, and distilled spirits at a new restaurant, Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), The applicant is also requesting approval of a CUP to allow business operations until 2:00 a.m. per Section 41 -2007 of the SAMC and to allow a banquet use pursuant to Section 41 -2008 of the SAMC. Proiect Location and Site Description The Eat Chow restaurant is proposed to be located within the historic Hervey - Finley Block Building located at the southeast corner of Bush and Fourth Streets. The lot is approximately 9,718 square feet in size and is developed with a two -story 6,000 square foot commercial building. The suite this 179. F__TFd l 31A-3 CUP Nos. 2014-21, 2014 -22 & 2014-23 September 8, 2014 Page 2 restaurant proposes to occupy is 2,200 square feet In size and is on the ground floor. The Hervey- Finley Block Building was placed on the Santa Ana Register of Historical Properties in 2001 as a Landmark structure. Eat Chow Restaurant is proposed to be located immediately north of the city owned public surface parking lot that serves the East End Promenade. Surrounding land uses include commercialloffice to the north, south, east and west (Exhibits 1, 2, 3 and 4). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity Indicates there are currently 12 ABC licenses located within 500 feet of the project site in addition to the proposed license. These 12 ABC licenses include three Type 41 licenses, (on -sale beer and wine), six Type 47 ABC licenses (on -sale beer, wine and distilled spirits), one Type 42 license (public premise beer and wine only), one Type 48 (public premise beer, wine and distilled spirits); and one Type 23 license (brewery). However, this information does not affect the analysis or recommendation contained in this report. Project Description The Eat Chow restaurant proposes to occupy a 2,200 square foot suite on the ground floor of the Hervey - Finely Block Building. The building has traditionally contained a mixture of commercial uses, including retail, office and service uses. The use that previously occupied the subject tenant space was a beauty salon and it will be relocated to another tenant space. Other tenants such as Blends retail and offices on the upper floor will continue to occupy other spaces within the building. In conjunction with the new restaurant, the applicant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine and distilled spirits to patrons at the restaurant. The restaurant will be a full service, sit -down eating establishment that will hold approximately 12 seats within its 905 square foot dining room plus approximately 10 more at the bar. Outdoor seating is proposed immediately south of the suite, adjacent to the alley between the building and City -owned parking lot and will accommodate approximately 29 diners. The Eat Chow restaurant will serve appetizer plates, burgers and hot /cold sandwiches, along with a variety of entrees including tacos, salads, and fish /chicken. The on- premise sale of alcoholic beverages to customers is Intended to provide a service ancillary to the primary restaurant use. (Overall alcohol storage and display areas will contain approximately 97 square feet, which is less than five percent of the floor area and is consistent with theCAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 6 and 6). The proposed hours of operation for the restaurant are from 7 :00 a.m. to 2 :00 a.m. seven days a week. Operations past 12:00 midnight in the Transit Zoning Code (SD -84) require approval of a separate CUP. 31A-4 CUP Nos.. 2014 -21, 2014-22 & 2014 -23 September 8, 2014 Page 3 Prioiect Backaround The Hervey Finley Block Building was constructed in the Italian Renaissance style in 1899 at a time when the use of masonry was popular. The building has been occupied by a variety of retail businesses and office uses on the upper floors and was previously occupied by a beauty salon on the ground floor, The Eat Chow restaurant will be an independently owned restaurant that serves breakfast, lunch, and dinner, There are two existing Eat Chow locations in Newport Beach and Costa Mesa. They feature hot and cold sandwiches, hot entrees, along with salads and desserts. General Plain and Zoning Gansistengy The General Plan land use designation for the site is District Center (DC). District Center areas are designed to serve as anchors for the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character including a mix of office, commercial and residential land uses including other restaurants with ABC licenses. The project site is consistent with this General Plan land use designation. The zoning for the site is the Transit Zoning Code /Specific Development No, 84 (SD -84). The SD- 84 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning code. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use. 31A-5 CUP Nos. 2014-21, 20194-22 & 2014 -23 September 8, 2014 Page 4 If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No, 2014 -21 T Type 47 ABC license: The Eat Chow restaurant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine, and distilled spirits. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. • The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food, This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed license for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because the applicable standards for an on -sale alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. In addition, the use will primarily occur within the premises and is incidental to an established bona fide eating establishment use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer full alcoholic beverages for sale to their guests and other visitors. Additionally, the ABC license will allow the restaurant to be economically viable and contribute to the success of the Downtown area. The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code (Exhibit 7). The facility has the kitchen facility necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license, Additionally, the restaurant will utilize Jess than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code. 31A-6 CUP Nos. 2014 -21, 2014 -22 & 2014-23 September 8, 2014 Page 5 The proposed use will not adversely affect the General Plan. Policy 1,8 of the Land Use Element encourages a balance of land uses to address basic community needs through encouraging commercial services. Approval of the Eat Chow restaurant will provide additional dining and retail uses within the Downtown, which is a primary commercial area of the city. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for various goods and services, and this facility proposes a new food establishment in the downtown area. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive, and the Eat Chow restaurant proposes to offer a family friendly environment. Operational standards for the proposed Type 47 ABC license are intended to maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Eat Chow restaurant will be located in a commercial corridor and is compatible with surrounding land uses. Restaurants with an ancillary alcohol license provide a dining service to the residents of Santa Ana. Conditional Use Permit No. 2014 -22 —After Hours Operation: Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 12:00 am. and 7 :00 a.m, The proposed hours of operation for Eat Chow are 7:00 am. to 2;00 a.m., seven days a week, which are consistent with the operating hours of other downtown restaurants. The Eat Chow restaurant proposes to be open for breakfast, lunch and dinner. The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:40 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food- related amenity. The after -hours operation is consistent with that of other restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed after -hours operation is consistent with other restaurants operating in the downtown, and provides additional food choices for local residents and visitors. The after, hours operation will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the after -hours dining will occur within the premises and will not create adverse impacts. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after -hours meals to their patrons. Moreover, the late night hours allows the restaurant to remain economically viable and 31A-7 CUP Nos, 2014 -21, 2014 -22 & 2014 -23 September 8, 2014 Page 6 contributes to the overall success of the downtown area in which it is located; helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. The after-hours operation will contribute to the success of downtown by widening the time frame that food service is available thereby encouraging customers to stay longer in the area. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after 12.110 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. Policy 2;2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant which operates after hours will provide a dining service to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval, in conjunction with the operational standards for the proposed Type 47 ABC license will help maintain a safe and attractive environment in Santa Ana, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Eat Chow restaurant will be located in a commercial corridor and is compatible with surrounding land uses. A restaurant with after hours operations provides a dining service to the residents of Santa Ana. Conditional Use Permit No. 2014 -23 - Banquet facility. The Eat Chow restaurant also proposes to operate an ancillary banquet facility, which would allow it to be closed to the general public for private events. The intent is to operate a full service restaurant; however, private events may be allowed on certain occasions. Perthe SAMC, banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every 100 persons in attendance per event. As proposed, the project meets or exceeds the standards for a banquet use. The allowance of a banquet facility at the restaurant will be consistent with several downtown restaurants and will result in a restaurant that maintains a stronger economic viability due tothe ability to host private events. The proposed banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a viable space to host special functions and private parties. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity within the downtown area. Conditions have been placed on the CUP that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community; 31A-8 CUP Nos. 2014 -21, 2014 -22 & 2014 -23 September 8, 2014 Page 7 The proposed banquet facility permit at this location will not be detrimental to persons residing or working In the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide an ancillary service to the community, and will occur within the premises and is incidental to the primary restaurant use. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer a banquet facility for special events and private parties. Moreover, the banquet use will allow the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with a banquet facility will provide an additional dining service to the residents of Santa Ana. Policy 2,9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 47 ABC license, in conjunction with conditions of approval for the banquet use; will maintain a safe and attractive environment in Downtown Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Eat Chow restaurant will be located in a commercial corridor and is compatible with surrounding land uses. A restaurant with an ancillary banquet use provides a dining service to the residents of Santa Ana. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after -hours operation in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape; robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31A-9 CUP Nos. 2014 -21; 2014 -22 & 2014 -23 September 8, 2014 Page 8 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police department will consider this information in making its recommendation. The project at 313 North Bush Street is located in Reporting District No. 155. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards and proposed conditions of approval will mitigate any potential negative impacts to the surrounding community. As a result, conditions of approval are included as required by the SAIVIC that will address any concerns. Public Notification The project site is located within the boundaries of the Downtown Business Association and the Lacy Neighborhood Association, and is within the Downtown National Register Historic District. Staff contacted the president of the Downtown Business Association and the Lacy Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. Tish Leon, the Downtown Business Association wished the business much success, and Jose Leaf the Lacy Neighborhood president did not have any concerns at this time. 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 within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2014 -39 will be filed for this project, 31A -10 CUP Nos. 2014 -21, 2014 -22 & 2014 -23 September 8, 2014 Page 9 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -21, Conditional Use Permit No. 2014 -22 as conditioned and Conditional Use Permit No. 2014 -23 as conditioned. Hally Sob site Associate fanner HS:jm hs:Eat0how /CUP14- 21,22,23:pc Attachments: Exhibit 1 Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo (Entry) Exhibit 4 — Site Photo (rear of the building) Exhibit 5 - Floor Plan Exhibit 6 —Site Plan Exhibit 7 Operational Standards for On -Sale Establishments 31A-1 1 SEVENTEENTH p'i rii� L�G1 CS R Rl Ri ii Fil R3 R$. R3 sr. Iws $P 13 SEVENTEENTH SPA a ILL �g ;A Xbll Xhrt AX � Se s N R2 M11 A2 R3 'aX Xq L N !,p Rt ; Rt RI R1 a ftt R2 F RB- R3 0 uml xon VS' R3- a 5P flAll -3 'I 6R3 3Pd 5P1 Wo uet Xe y5P3 a w El @1 R1 el nr. R1 U RR Az P Rx � u n2 Rx P SR3. L Ri Spa SRS SPJ a A tR2 Sj P @2 SPA Rz @2 Rl RT R7 nl xn u P P p . N P P SP-3 SP1 . p A SF -3 ' yp �� x i SP 3 m soza SD-2A p P SP -3 tsP T l cC'. _AZ GC GC.' ��i. auiemaaeav t EE kiu LLL.... SP 3 �$S U U UC or of Ve ® UNY N2 UNz GD Lamp! ® 0 GE GC g uC UE DT A UT UN2. jju-�c ��ury� uc oc uc uc N, Q ® AL aN UN2 ,UN2 DT PT DT p7 TIT [UN2 UN2 F- P so35 $D�5$ � NL 6f 1 pr —1 OF DT UN2 RS UN1 P 5u to xasr -- so. 3 L 9jj.1 FPKOJ UC DT X of p¢ BC IfE D CDR. r------ I -- r--- nn — r— n n r—i Flaw AT GENERALAOAICULTURALf OT Domom P2 TWOFAMILYRENDENCE B PARHINGMODIRCAOON -F FUORAREARAMO AT MULTIPLE -FAMILY RE51UMCE GSM COMMERCIALSOUTHMAIN GC OOVERNMENTCENTA¢ R4 SUBURBAN APARTMENTS Cl COMMVNM COMMERCIAL MI LIGH INDUSTRIAL ME RESIDENTIALBSTATE CI-MU COMM. COMMERCNUMU5EUMOISIRICT M2 HEAVYINDUSTRIAL SD SPECIFIC DEVELOPMENT E2 GENERALLOMMERCIAL 0 OPENSPACE 5P SPEcTICPLAN C4 PLANNED SHDPPING CENTER P PROFESSIONAL TV TRANSITVILLAGE CS ARTERIALCOMMERCIAL PRO PLANNED RESIDENTIAL DEVELOPMENT UC URBANCENFER CDR CORRIDOR H SINGLORAMILY RESIDENCE UNA URBAN NEIGHBORHOOD I CH COMMERCIALRESIDENTIAL ON-2 URBAN NEIGHBORHOOD CUP 2014 -21, 22 & 23 EAT CHOW RESTAURANT^ 313 NORTH BUSH STREET Y - =4DpD fEF[ P L A N N I N 6 A N -D " g N ._L.V..L D _I__ N...7 _.�_ -..A C'-'- _ EXHIBIT 1 _ VICINITY MAP 31A -12 5TH 4TH C 0 m M C I 3RD r- w w H vi S m V, I I C 0 M M� R C 11 A L COMMERCIAL. STREET C O M M E R C I A L O ua l7 cr n a C O M M E R C I A L Ln STREET STREET C O M M E R C I A L CUP 2014-21,22 & 23 9 EAT CHOW RESTAURANT 313 NORTH BUSH STREET All P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -13 PHOTO OF 313 NORTH BUSH STREET FRONT OF THE BUILDING EXHIBIT 3 31A -14 PHOTO OF 313 NORTH BUSH STREET REAR OF THE BUILDING EXHIBIT 4 31A-15 1 I t I ( I T I I 1 L� 31A -16 M § 4j emx } " "—mamytm y]i.�j gass f]$'e — eKx etv _ 5 "x�c q � § rmnmrr g wx U L vN — _ � u z r a a O WALL LEGEND _ �R 1=04 I ��� 16(INtl 4NY \\ p Epp Al +-- MCII�IAN pIx0p9J � a d. /E4 PBdPPSEd #� bN�N� B AP2 31A -16 1 I I I I I I I I I I i i i I�I L� :u FAIIRtH flPEEj PrgOCleYlnllury iv;= gE• 1 rc 061 Alllllll FlXE.fl A-1 EXHIBIT 6 31A -17 Sec. 41 -196, Establishments selling alcoholic beverages. Operational standards for ran -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day, Full and complete meals must be served whenever the privileges of the on -sale license are being exercised: 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8.00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4, It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times- that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification moans or device for all purchases of alcoholic beverages, Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older, 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 7 1 of 4 31A -18 6. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses, Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by Public Works Agency, 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11, There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one" or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved In a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 fleet from the exterior of the premises in any direction. 15. Neither the applicant; nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2 of 4 31A -19 19� Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article 11, Division 8 of the Santa Ana Municipal Code (Building Security Ordinance), These code conditions will require that the existing project lighting; door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with, 21. A timed- access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 21 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items; a. Procedures for handling obviously intoxicated persons, The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting,, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, (eased, rented or used under agreement by the Licensees). d, Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limitipotential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity, g. Procedures for management of queuing lines. h: The location and description of any video games proposed to be on the premises. 3of4 31A-20 24, The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation, If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required, permits and approvals from the Public Works Agency, 25, Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross flour area of the licensed establishment,. 4of4 31A-21 ROH - 09/08/14 I:0100111LI ][ r 0i.1a1.xz111 EA,Rex A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2014 -21 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2014-22 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2014 -23 AS CONDITIONED TO ALLOW A BANQUET USE, FOR THE PROPERTY LOCATED AT 313 NORTH BUSH 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. Applicant is requesting approval of: Conditional Use Permit No. 2014 -21 to allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 2014 -22 to allow after -hours operations until 2:00 a.m., and Conditional Use Permit No. 2014 -23 to allow a banquet use, for the property located at 313 North Bush Street. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: the sale of alcoholic beverages for on -site consumption, businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On September 8, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -21, Conditional Use Permit No. 2014 -22, and Conditional Use Permit No. 2014 -23. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -21 to allow for a Type 47 ABC license: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcohol beverage license will provide a beneficial service that will help the Downtown area become a destination point. Conditions have been placed on the Resolution No. 2014 -33 Page 1 of 8 31A-22 alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed license for a restaurant at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. Additionally, the use will serve both visitors and the local and regional business community. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow local businesses and the downtown area to become a destination area. Moreover, the offering of various food offerings allows the city to remain economically viable and contributes to the overall success of Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A variety of restaurants in Downtown Santa Ana contributes to the economic success of the city as a retail and dining destination. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been Resolution No. 2014 -33 Page 2 of 8 31A-23 established for Conditional Use Permit No. 2014 -22 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? Eat Chow restaurant would like the ability to be open until 2:00 a.m. This will allow the restaurant to remain competitive with other restaurants in the area, and will help the Downtown area become a destination point. Conditions have been placed on the after -hours operations that will mitigate any potential impacts created by the use and ensure that the use will not adversely affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed after -hours operations for a restaurant at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant operations that will mitigate any potential negative or adverse impacts created by the use. Additionally, the restaurant will serve both visitors and the local and regional business community. The outdoor patio is on the southern portion of the building, farther away from the multi - family development. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow local businesses and the downtown area to become a destination area. Moreover, the offering of various food offerings allows the Downtown to remain economically viable and contributes to the overall success of Downtown Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after 12:00 midnight. Resolution No. 2014 -33 Page 3 of 8 31A-24 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant that is open past midnight contributes to the economic success of the city as a shopping and dining destination. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operation standards for the proposed Type 47 ABC license will maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Eat Chow restaurant will be located in a commercial corridor and is compatible with surrounding land uses. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -23 to allow a banquet use: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed restaurant may close to the general public all or a portion of the restaurant to allow for a banquet use. This will allow the restaurant to be used by the local community for private events and functions. This will allow the restaurant to remain competitive with other restaurants in the area, and will help the area become a destination point. Conditions have been placed on the banquet operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed banquet use at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant operations that will mitigate any potential negative or Resolution No. 2014 -33 Page 4 of 8 31A-25 adverse impacts created by the use. Additionally, the restaurant will serve both visitors and the local and regional business community with emphasis on local service. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not negatively affect the economic stability of the area, but will instead allow local businesses and the downtown area to become a destination area. Further, offering of various types of services and land uses is needed to create an active downtown for local patrons and visitors. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a banquet hall. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's varied needs for goods and services. A restaurant that offers the potential for private parties and banquets provides an essential service for local patrons and regional visitors including the business community. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Last Eat Chow restaurant will be located in a commercial corridor and is compatible with surrounding land uses. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. G. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2014 -39 will be filed for this project. Resolution No. 2014 -33 Page 5 of 8 31A-26 Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -21, Conditional Use Permit No. 2014 -22 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 2014 -23 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein. 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 September 8, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 8th day of September, 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -33 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 8, 2014. Date: Planning Commission Secretary City of Santa Ana 31A-27 Resolution No. 2014 -33 Page 6 of 8 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2014 -22 (After -Hours Operation) Conditional Use Permit No. 2014 -22 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC) Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. There shall be no amplified sound used outside the building 5. A Trash Program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 6. Sign permits (both permanent and temporary) are under separate submittal. 7. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2014 -33 Page 7 of 8 31A-28 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2014 -23 (Banquet Use) Conditional Use Permit No. 2014 -23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 4. There shall be no amplified sound used outside the building. 5. A Trash Program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 6. Sign permits (both permanent and temporary) are under separate submittal. 7. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2014 -33 Page 8 of 8 31A-29 31A-30 REQUEST FOR COUNCIL ACTION OCTOBER 21, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2013 -43 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO, 2013 -44 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M. AT YOJIE JAPANESE FONDUE RESTAURANT AT 305 NORTH SPURGEO'N STREET - LAMSON NGUYEN, APPLICANT (STRATEGIC PLAN NO/S. 3, 2; 3, 4) J � _ CITY MANAGIj RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-AT0_11071ce ❑ As Recommended ❑ As Amended ❑ Ordinance on is` Reading ❑ Ordinance on 2 "B Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -43 and Conditional Use Permit No. 2014 -44 as conditioned, PLANNING COMMISSION ACTION On September 22, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No, 2014 -43 to allow a Type 47 Alcoholic Beverage Control license in order to sell beer, wine and distilled spirits for on- premise consumption and Conditional Use Permit No. 2014- 44 as conditioned to allow after -hours operation until 2:00 a.m. by a vote of 6:0 (Alderete absent) at the Yojie Japanese Fondue restaurant located at 305 North Spurgeon Street in the Transit Zoning- Downtown (SD -84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION The Yojie Japanese Fondue restaurant is proposed to be located within the historic Ritz Hotel, immediately adjacent to the Yost Theater at the northeast corner of Third and Spurgeon Streets (southernmost side of the East End Promenade), The Yojie Japanese Fondue restaurant will be a franchised restaurant that serves lunch and dinner. There are currently three other California locations: Artesia, Diamond Bar, and Los Angeles. In conjunction with the new restaurant, the applicant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine, and distilled spirits to patrons at the restaurant and approval to remain open until 2:00 a.m. The restaurant will feature shabu -shabu dining which is a Japanese dish where thinly sliced meat is cooked in boiling broth and served with a variety of vegetables, broth, noodles, and rice. Full -sized plans are available for public viewing in the Clerk of the Council Office. 31 AA -1 CUP Nos. 2014 -43 & 2014 -44 October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action 4 �- Karen Haluza Interim Executive Director Planning & Building Agency HS:rb hs:Yojle Japanese Fondue/GUP13- 43,44.cc Exhibit: A. Planning Commission Staff Report 31 AA -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 22, 2014 TITLE: PUBLIC HEARING — FILED BY LAMSON NGUYEN FOR CONDITIONAL USE PERMIT NO. 2013-43 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2013- 44 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M. AT YOJIE JAPANESE FONDUE RESTAURANT AT 305 NORTH SPURGEON STREET (Strategic Plan Nos. 3, 2; 3, 4) Prepared by _tally Sgboleske Interim Executive D'r ctor PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting PI, nning anager 1. Adopt a resolution approving Conditional Use Permit No. 2013 -43 to allow a Type 47 ABC license. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -44 as conditioned to allow business operations until 2:00 a.m. DISCUSSION Request of Applicant Lamson Nguyen, proprietor for Yojie Japanese Fondue restaurant, is requesting approval of a conditional use permit (CUP) to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine, and distilled spirits at a new restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). The applicant is also requesting approval of a CUP to allow business operations until 2:00 a.m. per Section 41 -2007 of the SAMC. Project Location and Site Description The Yojie Japanese Fondue restaurant is proposed to be located within the historic Ritz Hotel, immediately adjacent to the Yost Theater at the northeast corner of Third and Spurgeon Streets at the southernmost side of the East End Promenade. The lot is approximately 7,888 square feet in size and is developed with a two -story 11,484 square foot commercial building. The suite this restaurant proposes to occupy is 1,972 square feet in size and is on the ground floor. The Ritz Hotel was placed on the Santa Ana Register of Historical Properties in 2008 as a Landmark structure. Surrounding land uses include commercialloffice to the north, south, east and west (Exhibits 1, 2 and 3). EXHIBIT A 31 AA -3 CUP Nos.. 2013 -43 & 2013 -44 September 22, 2014 Page 2 Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates there are currently 14 ABC licenses located within 500 feet of the project site in addition to the proposed license. These 12 ABC licenses include three Type 41 licenses (on -sale beer and wine), eight Type 47 ABC licenses (on -sale beer, wine and distilled spirits), one Type 42 license (public premise beer and wine only), one Type 48 (public premise beer, wine and distilled spirits), and one Type 23 license (brewery). However, this information does not affect the analysis or recommendation contained in this report. Project Description The Yojie Japanese Fondue restaurant proposes to occupy a 1,972 square foot suite on the ground floor of the Ritz Hotel Building, The building has traditionally contained a mixture of commercial uses, including retail, office and service uses. In conjunction with the new restaurant, the applicant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine, and distilled spirits to patrons at the restaurant. The restaurant will be a full service, sit -down eating establishment that will hold approximately 49 seats within its 675 square foot dining room. A 397 square foot outdoor seating area is proposed at the front of the restaurant which will seat 16 persons. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. Overall alcohol storage and display areas will contain approximately 40 square feet, which is less than five percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). The proposed hours of operation for the restaurant are from 11:00 a.m. to 2:00 a.m. seven days per week. Operations past 12:00 midnight in the Transit Zoning Code (SD -84) require approval of a separate CUP. Project Backaround The Ritz Hotel Building was constructed in the Classical Revival style in 1912. Although a separate building from the Yost Theater, it is visually joined by a parapet and simple cornice. The hotel transitioned into commercial land uses in 1988. The building has been occupied by a variety of retail and service businesses and office uses with the last tenant being Double Discount retailer which has relocated to First Street. The Yojie Japanese Fondue restaurant will be a franchised restaurant that serves lunch and dinner. There are currently three other California locations: Artesia, Diamond Bar; and Los Angeles. The restaurant will feature shabu -shabu dining which is a Japanese dish where thinly sliced meat is cooked in boiling broth and served with a variety of vegetables, broth, noodles, and rice, The name comes from the sound that is made as the meat is swished through the broth: "swish, swish." 31 AA -4 CUP Nos. 2013 -43 & 2013 -44 September 22, 2014 Page 3 General Plan and Zonina Consistent The General Plan land use designation for the site is District Center (DC). District Center areas are designed to serve as anchors for the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character including a mix of office, commercial and residential land uses including other restaurants with ABC licenses. The project site is consistent with this General Plan land use designation. The zoning for the site is the Transit Zoning Code /Specific Development No. 84 (SD -84). The SD- 84 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning code. Proiect Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community, • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the Conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. 31 AA -5 CUP Nos. 2013 -43 & 2013 -44 September 22, 2014 Page 4 Conditional Use Permit No. 2014 -02 — Type 47 ABC license. The Yojie Japanese Fondue restaurant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine, and distilled spirits. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. • The proposed license for the on -sale consumption of beer; wine, and distilled spirits at this location Will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State Department of Alcoholic Beverage Control. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer; wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal The facility will be maintained as a bona -fide eating establishment as defined in Section :23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Ritz Hotel Building has undergone a significant rehabilitation effort representing a large capital investment. 31 AA -6 CUP Nos. 2013 -43 & 2013 -44 September 22, 2014 Page 5 The tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The Ritz Hotel Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and tenanting of this building supports its retention and reuse. Conditional Use Permit No. 2014 -03 — After Hours Operation: Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 92:00 a.m. and 7:00 a.m. The proposed hours of operation for Yojie Japanese Fondue restaurant are 11:00 a.m, to 2:00 a.m., seven days a week, which are consistent with the operating hours of other downtown restaurants. Yoj e restaurant proposes to be open for lunch and dinner. The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity. The after -hours operation is consistent with that of other restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after - hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed after -hours operation is consistent with other restaurants operating in the downtown, and provides additional food choices for local residents and visitors. The after - hours operation will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the outdoor patio shall close at midnight as a courtesy to nearby residences to mitigate noise. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after -hours meals to their patrons. Moreover, the late night hours allows the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. The after - hours operation will contribute to the success of downtown by widening the time frame that food service is available thereby encouraging customers to stay longer in the area. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after 12:00 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. 31 AA -7 CUP Nos. 2013 -43 & 2013 -44 September 22, 2014 Page 6 The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant which operates after hours will provide a dining service to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval, in conjunction with the operational standards for the proposed Type 47 ABC license will help maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Yojle Japanese Fondue restaurant will be located in a commercial corridor and is compatible with surrounding land uses.. A restaurant with after -hours operations provides a dining service to the residents of Santa Ana.. Police Department Analvsis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after -hours operation in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 305 North Spurgeon Street is located in Reporting District No. 165. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards and proposed conditions of approval will mitigate any potential negative impacts to the surrounding community. As a result, conditions of approval are included as required by the SAMC that will address any concerns. Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association and the Lacy Neighborhood Association, and is within the Downtown National Register Historic District. Staff contacted the presidents of the Downtown Neighborhood Association and the Lacy 31 AA -8 CUP Nos. 2013 -43 & 2013 -44 September 22, 2014 Page 7 Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. Tish Leon of the Downtown Neighborhood Association supports the proposed project, and Jose Leal, the Lacy Neighborhood president, did not have any concerns at this time. 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. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Comaliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2014 -6 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No, 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining and entertainment destination). Conclusion Based on the analysis provided within this report, approve Conditional Use Permit No. 2013 -43 conditioned. Hally SoboLUske Associate Planner HS:jm hs:Yojle_dapanese_Kandue /CUP 13- 43.44.pc Attachments: Exhibit 1 -- Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo (Entry) staff recommends that the Planning Commission and Conditional Use Permit No. 2013 -44 as Exhibit 4— Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31 AA -9 SEVWTEENTH sr. SE�VEN 'TH Ell Rl a000 -. hp v S 91 Rl Rl PI R3 SP -3 SP -3 'SP-3 P-3 l 11 1 -i � � a R� Nt 'z i❑ L_it_ INLJIJ ll •s i $P.3 SI 3 P.3 R2 2 A R1 R1 Ri -ua 12 P-3 75 Rl RZ VA sp-3 P Rl l SM sp-3 E sr 5,3 CC 84 4 A 50-84 614 0-84 0- 4 x cc 5 D-84 7-M FO D- D-84 5 84 D-84 o 5E9 E2 192 ................ So EZ3 IMF R OC S SD.t3 50 -Z 1 SD-04a so-1 S. T FIF67 Al miSRfluma=MQ CR COMMMOALF00MRAL Rl EINGLEFAMILYFEMMIAL .B FAMNOMODIMCATIM m O7JEMMEW094TM m TWFANJLYfa MCE GSM CWNIMALSOUTHMAIN mi L)Gff NOUgRAL m MUMPLEDENSTYMULTIPLF cl MMUNMODNIN18WAL M2 HEAVYINDUSHAL rAMl[]YFE3DMX- C14D ✓AM.W MEFUALJMU93JM USTRa mo MUTARMFIPANONS PA SJRffEANAMRTMWS C2 GNTALCOMMSUAL 0 OFINMAM m FEADWALIMTE 0 C6f1RAL9J9NMS p PFZR s"L m �MRCMECFMElff CLA C9ML9JSNM0MSrMUAGE PCA PLANNMC0MMLWV0Ra0PMMT S' TmFlcPAm (A P[ANNED9l0PRNGCE?4TER FFV RANNMFOVMALDEUSOW� GS ARMALOOMMEFOAL CUP 2013-43 & 44 to YOJIE JAPANESE FONDUE RESTAURANT 305 NORTH SPURGEON STREET 5ODFEFT i" =1000 FM7 P L A N N I N G A N 0 B U I L D I N —G --A 6 E N C Y EXHIBIT 1 VICINITY MAP 31 AA -10 5TH 'I: wa co M M - F C I CO M M R C I A L 3RD MIXED -.USE MIXED -USE F_ w w m F_ LA 2 m PARKING MIXED -USE LOT MIXED -USE U) STREET z C O M M E R C I A L 0 w l7 m d C O M M E R C I A L vi STREET STREET C O M M E R C I A L CUP 2013 -43 & 44 YOJIE JAPANESE FONDUE RESTAURANT,^ 305 NORTH SPURGEON STREET P L A N N I N E A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 AA -11 CUP - 2013 -43 & 44 CITY OF SANTA ANA - CONDITIONAL USE PERMIT 305 NORTH SPURGEON STREET EXHIBIT 3 31 AA -12 15,111 HH- "I 3 F19W.6 dS'NCOS 19 voaemtlg'N COS Mid 315 2 anpuoj eseuetleP alloA _ t I f7 i E 4 { 1 o I d� Q#av+nm I I I i I 1 I 4 EXHIBIT 4 15,111 HH- "I 3 f NIW 31AA -14 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after - hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race; ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31 AA -15 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products, Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises, Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one", or "all you can drink for..," or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701,6, 17. The applicantis) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31 AA -16 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shad be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards, Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items; a. Procedures for handling obviously intoxicated persons, b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h, The location and description of any video games proposed to be on the premises. 3of4 31 AA -17 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4of4 31 AA -18 ROH - 09/22/14 RESOLUTION NO. 2014 -35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2013 -43 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2013-44 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION FOR THE PROPERTY LOCATED AT 305 NORTH SPURGEON 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. Applicant is requesting approval of: Conditional Use Permit No. 2013 -43 to allow a Type 47 Alcoholic Beverage Control (ABC) license and Conditional Use Permit No. 2013 -44 to allow after -hours operations until 2:00 a.m. for the property located at 305 North Spurgeon Street. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: the sale of alcoholic beverages for on -site consumption and businesses operating between the hours of 12:00 a.m. and 7:00 a.m. C. On September 22, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -43 and Conditional Use Permit No. 2013 -44. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -43 to allow for a Type 47 ABC license: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcohol beverage license will provide an ancillary service to restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards have been placed on the Resolution No. 2014 -35 Page 1 of 7 31 AA -19 alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed license for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because the applicable standards for an on -sale alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer full alcoholic beverages for sale to their guests and other visitors. Additionally, the ABC license will allow the restaurant to be economically viable and contribute to the success of the City of Santa Ana's economy. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility has the kitchen facility necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 1.8 of the Land Use Element encourages a balance of land uses to address basic community needs through encouraging commercial services. Approval of the Yojie Japanese Fondue restaurant will provide additional dining and retail uses within the Downtown, which is a primary commercial area of the city. Policy 2.2 of the Land Use Resolution No. 2014 -35 Page 2 of 7 31 AA -20 Element encourages land uses that accommodate the City's needs for various goods and services, and this facility proposes a new food establishment in the downtown area. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive, and the Yojie Japanese Fondue restaurant proposes to offer a family friendly environment. Operational standards for the proposed Type 47 ABC license are intended to maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Yojie Japanese Fondue restaurant will be located in a commercial corridor and is compatible with surrounding land uses. Restaurants with an ancillary alcohol license provide a dining service to the residents of Santa Ana. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -44 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity. The after -hours operation is consistent with that of other restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed after -hours operation is consistent with other restaurants operating in the downtown, and provides additional food choices for local residents and visitors. The after -hours operation will not be detrimental to persons Resolution No. 2014 -35 Page 3 of 7 31 AA -21 residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the after -hours dining will occur within the premises and will not create adverse impacts. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after - hours meals to their patrons. Moreover, the late night hours allows the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. The after -hours operation will contribute to the success of downtown by widening the time frame that food service is available thereby encouraging customers to stay longer in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after 12:00 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant which operates after hours will provide a dining service to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval, in conjunction with the operational standards for the proposed Type 47 ABC license will help maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Yojie Japanese Fondue restaurant will be located in a commercial corridor and is compatible with surrounding land uses. A restaurant with after -hours Resolution No. 2014 -35 Page 4 of 7 31 AA -22 operations provides a dining service to the residents of Santa Ana. F. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2014 -6 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013 -43 and Conditional Use Permit No. 2013 -44 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. 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 September 22, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of September, 2014 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete(1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Eric Alderete Chairman 31 AA -23 Resolution No. 2014 -35 Page 5 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -35 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2014. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2014 -35 Page 6 of 7 31 AA -24 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2013 -44 (After -Hours Operation) Conditional Use Permit No. 2013 -44 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC) Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 3. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 4. There shall be no amplified sound used outside the building. 5. A Trash Program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 6. Sign permits (both permanent and temporary) are under separate submittal. 7. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. 8. The restaurant may remain open until 2:00 a.m., occupancy the outdoor patio is restricted to 7:00 a.m. to 12:00 midnight. Resolution No. 2014 -35 Page 7 of 7 31 AA -25 31 AA -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014-19 TO ALLOW A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR NETWORK BREWERY AT 1824 EAST CARNEGIE AVENUE - BRIAN ANDERSON, APPLICANT (STRATEGIC P AN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ® As Recommended As Amended LI Ordinance on I" Reading L7 Ordinance on a Reading El Implementing Resolution El Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -19 as conditioned. PLANNING COMMISSION ACTION On September 22, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -19 as conditioned by a vote of 6:0 (Alderete absent) which approved a Type 23 Alcoholic Beverage Control license to allow a small beer manufacturer at Network Brewery at 1824 East Carnegie Avenue located in the Light Industrial (M1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Network Brewery intends to occupy 1,500 square feet of a 35,000 square foot building for the micro - brewery use with the remainder of the building occupied by industrial and office uses. The site is located at the southwest corner of Carnegie Avenue and Daimler Street. The approval of the CUP would allow a Type 23 Alcoholic Beverage Control (ABC) license for a small beer manufacturer with a 75 square foot tasting area. Full sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Coal No, 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 BB -1 Conditional Use Permit No. 2014 -19 October 21, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. V- k L Karen Haluza Interim Executive Director Planning & Building Agency AN:rb Ankwp811planoomm=UP14.19.Notm k.00 Exhibit: A. Planning Commission Staff Report 31 BB -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 22, 2014 TITLE: PUBLIC HEARING — FILED BY BRIAN ANDERSON FOR CONDITIONAL USE PERMIT NO. 2014-19 TO ALLOW A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR NETWORK BREWERY AT 1824 EAST CARNEGIE AVENUE {Strategic Plan No. 3, 2) Prepared by Ann Hsin -An Ni Interim Executiv erector RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting tannin Manager Adopt a resolution approving Conditional Use Permit No. 2014 -19 as conditioned. Request of Applicant Brian Anderson, representing Network Brewery, is requesting approval of a conditional use permit for a Type 23 Alcoholic Beverage Control (ABC) license for a small beer manufacturer at 1824 East Carnegie Avenue. Pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), establishments that sell alcoholic beverages require a conditional use permit. Project Location and Site Description The applicant proposes to operate the Network Brewery, a new micro - brewery, on a two -acre parcel of land. Network Brewery intends to occupy 1,500 square feet of a 35,000 square foot building for the micro - brewery use with the remainder of the building occupied by industrial and office uses. The site is located at the southwest corner of Carnegie Avenue and Daimler Street. A total of 61 parking spaces are provided in a surface parking lot. The site is surrounded by office and manufacturing uses to the east, west, north and south (Exhibits 1, 2 and 3). Protect Description Network Brewery is requesting approval of a Type 23 Alcoholic Beverage Control (ABC) license to allow a small beer manufacturer at this location. Network Brewery will occupy an existing 1,500 square foot tenant space that is located towards the end of the building. Physical improvements include the installation of brewery equipment, office space, a warehouse area and a 75 square foot tasting area. The manufacturing operation is anticipated to operate weekdays from 6:00 a.m. to 10:00 p.m. but could extend during peak production times. The production operation will require up to five employees. The tasting area will be open on Friday from 4:00 p.m. to 9:00 p.m., Saturday from 2:00 p.m. to 9:00 p.m. and Sunday from 2:00 p.m. to 6 :00 p.m. (Exhibits 4 and 5). EXHIBIT A 4 Conditional Use Permit No. 2014 -19 September 22, 2014 Page 2 Proiect Backaround Network Brewery is a locally -owned and operated micro - brewery that specializes in hand crafted beer. This business will be the first micro - brewery business for the applicant. The applicant is proposing a tasting area that will allow interaction between the customers and staff. A tasting counter will create an environment for customers to enjoy the various beers that are made on the premises, have growlers filled and purchase other merchandise. The tasting area /retail area will be used for staging equipment as needed and general tastings. The square footage for the tasting area is 75 square feet which is five percent of the total square footage allowed by code. General Plan and Zoning Consistency The General Plan land use designation for the site is Industrial (IND). Industrial land -use districts are vital to the Citys economic health. These areas provide employment opportunities for local residents and generate municipal revenues for continued economic development. Santa Ana has been a desirable location for local and regional businesses to the county. The City's goal is to maintain the strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include light and heavy product manufacturing and assembly. The proposed project, a micro- brewery; is consistent with this General Plan land use designation. The parcel is located within the Light Industrial (M1) zoning district The proposed use of the land is a micro- brewery, a light manufacturing use. Along with the primary manufacturing operation, administrative office, retail and tasting will be part of the business. The M1 zoning district allows for limited office and retail that is ancillary to the primary use, making the proposed use consistent with the zoning designation. Project Analysis There are currently three businesses with a Type 23 ABC license in the city: The Good Beer Brewery located at 207 West Fourth Street, Dean Brothers Brewing Company located at 1006 East Hathaway Street and Cismontane Brewing located at 1409 East Warner Avenue, Suites B and C. The Good Beer Brewery was issued CUP No. 2013 -01 and will be opening soon. The Dean Brothers Brewing Company was established in 2007 and is in operation in an industrial section of the city. Cismontane Brewing was approved in April of 2014 by CUP No. 2014 -04 and recently obtained its building permits to begin construction. A Type 23 ABC license allows a small beer manufacturer or micro- brewery (less than 60,000 barrels per year) with both on and off- premise consumption of alcohol. A micro - brewery is a small brewery operation that typically is dedicated solely to the production of specialty or experimental beers, although some may have a restaurant or pub in conjunction with their manufacturing plant. The proposed Network Brewery is a 1,500 square foot micro- brewery with no restaurant planned as part of the Type 23 ABC license. Conditional Use Permit No. 2014 -19 September 22, 2014 Page 3 The license type requested allows tasting of alcohol produced or bottled by the licensee for on- premise consumption. The applicant has indicated that tasting, where alcoholic samples are offered for a charge, will be eight ounces per customer. The proposed use may also sell beer to consumers for consumption off the manufacturer's licensed premises; however, selling individual bottles is not the primary business plan as the tasting room is small, and their target market is bulk sales to the local and regional consumers and restaurants. The proposed project is a light manufacturing use with a small tasting and retail component consistent with the M1 zoning which allows ancillary product sales and service up to five percent of the total floor area. The tasting area will allow the consumption of alcoholic beverages limited to products made on the premises. Since the proposed project will be limited to no more than five percent of the floor area for product sales and consumption, it differs from bars that devotes the majority of their floor area to the sales and consumption of alcohol not manufactured on -site. Lastly, the hours of operation for the tasting are limited and do not extend into the late night hours as bars typically operate. There are two trash containers on -site within an existing trash enclosure to handle the trash generated from the existing manufacturing operation. Odors associated with the waste from the brewing process will be contained within the building. Venting for the brewing equipment will be designed to not affect adjacent businesses. The brewing equipment does not generate noise above the level allowed by the City's noise ordinance and there are no sensitive receptors within 500 feet of the micro- brewery: Conditional use permit requests are governed by Section 41 -838 of the SAMC, Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, . safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use, MIMW Conditional Use Permit No. 2014 -19 September 22, 2014 Page 4 If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed alcohol beverage license will provide a service to individuals and other businesses that wish to purchase unique craft beer for personal use or resale. This will thereby benefit the community by providing an opportunity for a unique and locally made product. Operational standards are attached to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for a small beer manufacturer at this location will not be detrimental to persons residing or working in the vicinity because standards applicable to an ABC license will mitigate any potential negative or adverse impacts created by the use. In addition, the use is located within the Light Industrial (M -1) zoning district which is consistent with other light industrial and manufacturing uses in the area. The proposed use will not adversely affect the economic stability of the area, but will Instead allow businesses and individuals to purchase a unique and locally brewed craft beer for local and regional consumption. Moreover, the manufacturing of specialty crafted beer allows the industrial base to remain economically viable and contribute to the overall success of Santa Ana. Network Brewery will reoccupy a vacant industrial space, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. As conditioned, the proposed project will be in compliance with all applicable regulations and standards imposed on a manufacturing use that produces beer, allows tastings and sells beer pursuant to Chapter 41 of the Santa Ana Municipal Code. Additionally, the brewery will utilize five percent of the gross floor area for tasting, product sales and display, which meets the maximum threshold established by the Municipal Code. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A small beer manufacturer provides a specialty use for the Santa Ana community and strengthens the economic vitality of the Light Industrial (M1) zoning district along Carnegie Avenue. Moreover, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed micro- brewery will be located entirely within an enclosed building and its operations as a light manufacturing use will be compatible with the surrounding mix of industrial uses. RWEW Conditional Use Permit No. 2014 -19 September 22, 2014 Page 5 Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professional Code Section 23948.4(c)(2), which are also utilized by the State Department of Alcoholic Beverage Control (ABC). This Section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standards used by State ABC and Business and Professional Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 1824 Carnegie Avenue is located in Reporting District No. 249, which does not exceed the 20 percent threshold established by the State for high crime based on standards established under the Business and Professions Code Section 23958.4. As a result, the standards included as required by the SAMC will be adequate to address any concerns for the Type 23 ABC license (Exhibit 6). The applicant has also indicated that they are not pursuing an eating establishment or pub component at this time. Due to the unique use, staff is recommending conditions of approval for the project. Based on the average crime rate, the Police Department recommends approval of the CUP subject to the conditions of approval. Public Notification The project site is not located within any Neighborhood Association but is approximately one mile east of the Delhi Neighborhood Association. Staff contacted the president of the association, who identified no concerns with the project. Additionally, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants 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. 31 BB -7 Conditional Use Permit No. 2014 -19 September 22, 2014 Page 6 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow a small beer manufacturer within an existing industrial building. Categorical Exemption Environmental Review No. 2014 -52 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional else Permit No. 2014 -19 as conditioned. Ann Ni Associate Planner AN.jm Andwp511pianmmmZCUP14- 19.Network.pc Attachments; Exhibit 1— Vicinity Map Exhibit 2 -- Land Use Map Exhibit 3— Site Photo Exhibit 4— Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for Off -Sale Establishments Z >4 Ld Ld Ml \ n y PM1 ,JEC�'SfIE� Ml j M1 y� w C5 PAT ,ti. i Mt p ovrnpa. i M1 � S0h4/ w h P M7 @ r Mt P � yh° P CILy aF Tu s[Io P Al MN LAGROJLIURALI OR CCMMSUALIa;90BdilAL RI 9NGLEFAMILYFE9DENIAL -B MWNGMOOIRCAIION OG GOVEMMEtlTMUR R2 MUFAMILY"DEdCE GSA OOMM9SIALE TH MAIN Ml UCNTINDMNAL la MUMEDENSTYMULTIRE CI OOMMUNITYNMMEMAL M2 NEAWINDUSfRAL FAMILYFM094M GlQD OCMM. OOMMEMAUMMUMOMMF MO MIMAWOPEFATON5 RA SSUFMNAMRRAUM C2 GENE LODMMEYUAL 0 OPEN 9ACE FE FMOEllA=AIE C3 CENTRALEUSNE4S P RTOFE'SIONAL SO SiMCDEVEADW@IT C A O2flMLEU9NE ARI9MLLAGE RA P.ANNEi COMMUNIWMRDONFNT m SkMROPLAN Cb RANNFD91QcFANGMIFR FW PLANNED FMD94 rAL DMOPMENT 05 ARTERALOWMEVAL CUP 2014 -19 NETWORK BREWERY s 1 824 EAST CARNEGIE AVENUE - 500 FEET 1" =1090 FEE! _ P L A N N I N G A N D B D f L D i N G A G E N G Y EXHIBIT 1 VICINITY MAP 31 BB -9 CUP 2014 -19 NETWORK BREWERY 1824 EAST CARNEGIE AVENUE sy P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 BB -10 '�. �; K Y ���� ),z �', ��, '; 1 �' �� �� �' �1 G ': I� i -'. 5 e. { E:l NyalIS _,__ ! \� \j � « \ 9H MM { %{ w EXHIBIT 21BB.12 NVId 1N3AdinO3 'R NVId 2100I4 03SOdOUd < 31 BB -13 zN raj z zo V) L, 0 Z e se)(-)oee@ae�7) EXHIBIT 6 31 BB -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for off -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee, 2 The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin - operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty -four (24) hours of being applied, 7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602, on the exterior of the premises. 8. it shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. M The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age /checking identification of patrons; calling the police regarding observed or reported criminal activity. EXHIBIT 6 1 of 3 31 BB -14 11. If there is a marked or noticeable increase in the number of police- related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state - licensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre - packaged multi -unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m, and 12:00 /midnight each day of the week unless otherwise modified by the granting of an after -hours conditional use permit. 15. Existing building and required parking must conform to the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 16. Cash register must be visible from the street at all times and shall not be obstructed at anytime by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty -five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed - access cash controller or drop safe must be installed. 20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 2of3 31 BB -15 22. No person under the age of twenty -one (21) shall sell or deliver alcoholic beverages. 23. Provide a closed circuit television system approved by the police department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one (1) color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days. e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An internet protocol (IP) -based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC section 33.210. 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. 3of3 31 BB -16 ROH — 09/22/14 RESOLUTION NO. 2014 -34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -19 FOR A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1824 EAST CARNEGIE AVENUE 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. Applicant is requesting approval of Conditional Use Permit No. 2014 -19 for a Type 23 Alcoholic Beverage Control (ABC) license, which allows a small beer manufacturer, for the property located at 1824 East Carnegie Avenue. B. A Type 23 license is for a small beer manufacturer. Pursuant to California Business and Professions Code section 23357, this license allows patrons to purchase beer produced or bottled by the licensee for consumption on or off site. Additionally, pursuant to California Business and Professions Code section 23357.3, this license allows tasting of beer produced or bottled by the licensee without charge either on or off the premises. C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages. D. On September 22, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -19. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -19 to allow for a Type 23 ABC license: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcohol beverage license will provide a service to individual and other businesses that wish to purchase unique craft beer for personal use or resale. This will thereby benefit the community by providing an opportunity for unique and locally made product. Conditions have been placed on the alcoholic beverage control license which will mitigate any Resolution No. 2014 -34 Page 1 of 6 31 BB -17 potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed license for a small beer manufacturer at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use is located within the Light Industrial (M -1) zoning district which is consistent with other light industrial and manufacturing uses in the area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow businesses and individuals to purchase a unique and locally brewed craft beer for local and regional consumption. Moreover, the manufacturing of specialty crafted beer allows the industrial base to remain economically viable and contribute to the overall success of Santa Ana. Network Brewery will reoccupy a vacant industrial building, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a manufacturing use that produces beer, allows tastings and sell beer pursuant to Chapter 41 of the Santa Ana Municipal Code. Additionally, the restaurant will utilize five percent of the gross floor area for tasting, product sales and display, which meets the maximum threshold established by the Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A Resolution No. 2014 -34 Page 2 of 6 31 BB -18 small beer manufacturer provides a specialty use for the Santa Ana community and strengthens the economic vitality of Light Industrial (M1) zoning district along Carnegie Avenue. Moreover, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed micro - brewery will be located entirely within an enclosed building and its operations as a light manufacturing use will be compatible with the surrounding mix of industrial uses. F. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow a small beer manufacturer within an existing industrial building. Categorical Exemption Environmental Review No. 2014 -52 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -19 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 22, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of September, 2014 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete(1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman Resolution No. 2014 -34 Page 3 of 6 31 BB -19 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -34 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2014. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2014 -34 Page 4 of 6 31 BB -20 Conditions for Conditional Use Permit No. 2014 -19 Conditional Use Permit No. 2014 -19 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The approval of this Conditional Use Permit must not be construed as the approval of a bar or cocktail lounge, nor as a nightclub or cabaret with entertainment and /or dancing and this establishment must not operate as such. 2. The sales, service or consumption of alcoholic beverages directly to patrons can only be permitted in the approved tasting areas. 3. There will be no gatherings or parties at this location other than guided tours of the facility and /or special events permitted by SAMC Chapter 41- 195.5, Temporary Outdoor Activities. 4. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 12:00 p.m. and 9:00 p.m. 5. Anyone under the age of twenty -one (21) entering the tasting area must be accompanied by a parent or guardian. 6. No other brand of beer may be sold at this location other than products manufactured by the company. 7. There shall be no promotions encouraging on -site consumption of alcohol. 8. No amusement machines or video games shall be maintained on the premises at any time. 9. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant. Exhibit A Resolution No. 2014 -34 Page 1 of 2 Page 5 of 6 31 BB -21 10. Conditional Use Permit No. 2014 -19 allows a manufacturing use, along with ancillary office, tasting and retail components. The restaurant privilege allowed through Alcohol Beverage Control licenses cannot be utilized without modification of this Conditional Use Permit. 11. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 12. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 13. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 14. Existing property and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 15. Install a silent armed robbery alarm. 16. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single containers for off -site consumption, but must be sold in pre - packaged multi -unit quantities. 17. This land use authorization is only applicable to a Type 23 licenses. Any other type of license use at this location will require a new land use clearance. Exhibit A Resolution No. 2014 -34 Page 2 of 2 Page 6 of 6 31 BB -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014 -32 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR DOG HAUS RESTAURANT LOCATED AT 2800 NORTH MAIN STREET, UNIT 197 - SHOGHIG YEPREMIAN, APPLICANT (STRATEGIC PLAN NO. 3, 2) CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -32. PLANNING COMMISSION ACTION On September 22, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -32 by a vote of 6:0 (Alderete absent) which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at Dog Haus restaurant located at 2800 North Main Street, Unit 197 in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Dog Haus restaurant is currently constructing tenant improvements to open a new eating establishment at 2800 North Main Street, Unit 197. Dog Haus is requesting approval of a Type 41 ABC license to allow the on- premise sale of beer and wine as part of the eating establishment's operations. The restaurant will be maintained as a full- service, sit -down eating establishment with an outdoor patio area. The dining area will contain approximately 40 seats and will have all necessary equipment to be considered for a Type 41 ABC license. The proposed patio area will have seating for about 30 patrons and be enclosed with a 36 -inch high fence that is in compliance with all applicable City and State Department of Alcoholic Beverage Control standards. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant will be from 10:00 a.m. to 10:00 p.m. Monday through Sunday. Full sized site plans are available for public viewing in the Clerk of the Council Office, 31 CC -1 Conditional Use Permit No. 2014 -32 October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 'Economic Development, Objective No. 2 (create new opportunities for businessljob growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency RS:rb rsuoportsloup14 -32 Dog Haus Type 41 AM= Exhibit: A. Planning Commission Staff Report 31 CC -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 22, 2014 TITLE. PUBLIC HEARING — FILED BY SHOGHIG YEPREMIAN FOR CONDITIONAL USE PERMIT 'NO. 2014 -32 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR DOG HAUS RESTAURANT LOCATED AT 2800 NORTH MAIN STREET, UNIT 197 {Strategic Plan No. 3, 2) Prepared by Ricardo Soto �A nLdlrl�r- Interim Executive Di ctor PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO jr� L ✓L� Actin Plan r}' g Manager v RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2014 -32. Request of Applicant Shoghig Yepremian, representing Dog Haus restaurant, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at a new eating establishment. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Dog Haus restaurant is currently constructing tenant improvements to open a new eating establishment at 2800 North Main Street, Unit 197. The overall site is approximately 52 -acres in size and contains a multi - tenant regional mall known as Westfield MainPlace that is located at the northwest corner of North Main Street and MainPlace Drive. The site is anchored by the JC Penney, Macy's, and Nordstrom department stores and contains numerous retail and eating establishments.. Dog Maus restaurant will be locating within a 2,008- square foot tenant space with a 700 - square foot outdoor patio located on the west portion of the mall: Westfield MainPiace contains approximately 1,127,836 square feet of tenant space and was significantly remodeled and expanded in 1987. Mali tenants currently share 4,768 parking spaces that are provided in a combination of surface parking lots and parking structures. The site is surrounded by the Garden Grove (State Route 22) Freeway to the north, professional and administrative office uses to the south, commercial and residential uses within the City Place development to the east, and the Santa Ana (interstate 5) Freeway to the west (Exhibits 1, 2 and 3). EXHIBIT A 31 CC -3 Conditional Use Permit No. 2014 -32 September 22, 2014 Page 2 Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are currently four ABC licenses located within 500 feet of the project site in addition to the proposed license. These four ABC licenses include one Type 41 license (on -sale beer and wine only) and three Type 47 licenses (on -sale beer, wine and distilled spirits). One additional Type 47 ABC license was recently approved by the City but is not yet active. However, this information does not affect the analysis or recommendation contained in this report. Protect Description Dog Haus restaurant is requesting approval of a Type 41 ABC license to allow the on- premise sale of beer and wine as part of the eating establishment's operations, The restaurant will be maintained as a full- service, sit -down eating establishment with an outdoor patio area, The dining area will contain approximately 40 seats and will have all necessary equipment to be considered for a Type 41 ABC license. The proposed patio area will have seating for about 30 patrons and be enclosed with a 36- inch high fence that is in compliance with all applicable City and State Department of Alcoholic Beverage Control standards. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant will be from 10 :00 a.m. to 10:00 p.m. Monday through Sunday. The storage area for alcoholic beverages will be located in a refrigerator behind the service counter and within the walk -in cooler. The alcohol display and storage areas total 19 square feet in size, which is less than one percent of the floor area of the restaurant. This percentage of alcohol storage is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area of the restaurant (Exhibits 4 and 5). Project Background Dog Haus is a fast casual restaurant that offers specialty hot dogs, sausages and burgers. There are currently four Dog Haus restaurants operating in the Southern California area, with five more slated to open this year, and plans for expansion into other states in the future. Dog Haus restaurant will occupy a new tenant space on the west side of the mall that is undergoing significant tenant and fagade improvements. The space was recently created through reconfiguring of existing retail tenant spaces. As such, there is no conditional use permit to allow the on -site sale of alcoholic beverages at the tenant space. General Plan and Zoning Consistenc The General Plan land use designation for the site is District Center (DG). District Center land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. 31 CC -4 Conditional Use Permit No. 2014 -32. September 22; 2014 Page 3 The site is located within the General allows for retail and service uses such zoning designation. Proieat Analysis Commercial (C -2) zoning district. The C -2 zoning district as restaurants, making the proposed use consistent with the Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity: That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a' denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Additionally, standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because the code applicable standards for an alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. 31 CC -5 Conditional Use Permit No. 2014 -32 September 22, 2014 Page 4 The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows the restaurant to remain economically viable and contributes to the overall success of Westfield MainPlace, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. The proposed project will be in compliance with all applicable regulations and standards imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full service eating establishment, having the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize 'less than one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A full- service restaurant with an ancillary alcohol license provides a dining service to Santa Ana residents and visitors, especially those to Westfield MainPlace, which continues to develop as a dining, entertainment, and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Dog Haus' tenancy will include significant tenant and fagade improvements that stand to enhance the site and promote commercial activity in the area. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment at Westfield MainPlace. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Dog Haus restaurant will be located in commercial area and its operations will be compatible with the surrounding commercial businesses. Dog Haus is proposing to open a new restaurant in the city. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the on- premise sale of alcoholic beverages (Exhibit 6). These 25 operational standards will mitigate potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the community. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after -hours operation in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the 31 CC -6 Conditional Use Permit No. 2014 -32 September 22, 2014 Page 5 standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes "' as criminal homicide; forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 2800 North Main Street, Unit 197 is located in Reporting District No. 161, This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards applicable to an on -sale ABC license will mitigate any potential negative Impacts to the surrounding community. Public Notification The project site is not located within the boundaries of any neighborhood association. However; staff contacted the presidents of the nearby Park Santiago, Fisher Park and Floral Park Neighborhood Associations, who identified no concerns with the project. The project site was also 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. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -71 will be filed for this project. 31 CC -7 Conditional Use Permit No. 2014 -32 September 22, 2014 Page 6 Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No, 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -32, Ricardo Soto. Planning Technician RS :jm rsxeports \cups 432 Dog Haus Type 41 ABC.pc Verny Carvajal Senior Planner Attachments: Exhibit 1 — Vicinity Map Exhibit 2 —Location Map Exhibit 3 — Existing Conditions Photo Exhibit 4 —Site Plan Exhibit 5 —floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31 CC -8 ork CUP 2014 -32 DW 51, DOGHAUSTYPE41 ABC — 2800 NORTH MAIN STREET, UNIT 197 - _ =saaFEET "V= 1000 FEET P L A N N I N G A N D B U I L I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 CC -9 S Ha �F COMMERCIAL COMM. H 2 2 G A R D E N G R O V E F R E E W A Y r t � 4 I- ? e s ssT ) W ui � 4s, 9 INPL 9 OMM. v 51 I L Y IES11 9 Tp. n.l \/\ CUP 2014 -32 DOG HAUS TYPE 41 ABC 2800 NORTH MAIN STREET, UNIT 197 MM. CITY OF ORANGE 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 2 LAND USE MAP 31 CC -10 1 i 114 1 � y '77 Zook GS SA '�tiAGES 't ai i , r . NONNI N 0 NY V\AA-vXvwKl, EXHIBIT 4 31 CC -12 v EXHIBIT 5 31 CC -13 Sec, 41 -196. Establishments selling alcoholic beverages, Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic, beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31 CC -14 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any 'kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage, Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for.." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14, Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2uf4 31 CC -15 19, Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shalt be removed or painted within 24 hours of being applied. 20, Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article 11, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed- access cash controller or drop safe must be installed 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31 CC -16 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the ,proposed dining area or fencing is in the public right of way; the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4of4 31 CC -17 ROH - 09/22/14 RESOLUTION NO. 2014 -36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -32 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET, UNIT 197 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 Conditional Use Permit No. 2014- 32 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine for the property located at 2800 North Main Street, Unit 1180. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. C. On September 22, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -32. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -32 to allow for the sale of alcoholic beverages for on -site consumption: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014 -36 Page 1 of 4 31 CC -18 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the primary restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows the restaurant to remain economically viable and contributes to the overall success of Westfield MainPlace, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility will be maintained as a full service eating establishment, having the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and Resolution No. 2014 -36 31 CC-1 9 Page 2 of 4 services. A full - service restaurant with an ancillary alcohol license provides a dining service to Santa Ana residents and visitors, especially those to Westfield MainPlace, which continues to develop as a dining, entertainment, and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Dog Haus' tenancy will include significant tenant and fagade improvements that stand to enhance the site and promote commercial activity in the area. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment at Westfield MainPlace. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Dog Haus will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -71 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -32. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 22, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -36 Page 3 of 4 31 CC -20 ADOPTED this 22nd day of September, 2014 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete(1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -36 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2014. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2014 -36 31 CC -21 Page 4 of 4 31 CC -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: CONDITIONAL USE PERMIT NO, 2014 -36 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PANINI CAFE TO BE LOCATED AT 2800 NORTH MAIN STREET, UNIT 1180 - GREGG BERWIN, APPLICANT {STRATEGIC PLAN O, 3, 2} CITY MANAGER RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: 'iw E ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 0' Reading ❑ Implementing Resolution ❑ Set Public blearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -36. PLANNING COMMISSION ACTION On September 22, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -36 by a vote of 6:0 (Alderete absent) which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at Panini Cafes at Westfield MainPlace, located at 2800 North Main Street, Unit 1180 in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Panini Cafe is currently constructing tenant improvements to open a new restaurant at Westfield MainPlace and is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine as part of the restaurant operations. The restaurant will be operated as a full- service, sit -down eating establishment with an outdoor patio area. The dining area will have approximately 90 seats, with another 70 seats to be located within an outdoor seating area. The restaurant will contain all necessary equipment to be considered for a Type 41 ABC license. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary use. The proposed hours of operation for the facility are from 7:00 a.m. to 12:00 a.m., seven days per week. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31 DD -1 Conditional Use Permit No. 2014 -36 October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency AP: rb ap \reports \CC \CUP14�35 Panini CaW10214= Exhibit: A. Planning Commission Staff Report 31 DD -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 22, 2014 TITLE: PUBLIC HEARING — FILED BY GREGG BERWIN FOR CONDITIONAL USE PERMIT NO. 2014-36 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PANINI CAFt TO BE LOCATED AT 2800 NORTH MAIN STREET, UNIT 1180 (Strategic Plan No. 3, 2) Prepared by _Ali Pezeshkpour Interim Exec tive rector, RECOMMENDED ACTIONS PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended p Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting Paanni g Manao r Adopt resolution approving Conditional Use Permit No. 2014 -36. Reauest of Applicant Gregg Berwin of Westfield Corporation, representing Panini Cafe, is requesting approval of a conditional use permit (CUP) to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at the venue, Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description Panini Cafe is currently constructing tenant improvements to open a new restaurant venue at 2800 North Main Street, Suite 1180. The overall site is approximately 52 -acres in size and contains a multi - tenant regional mall known as Westfield MainPlace that is located at the northwest corner of North Main Street and MainPlace Drive. The site is anchored by the JC Penney, Macy's, and Nordstrom department stores and contains numerous retail and eating establishments. Panini Cafe will be locating within a 3,400 square foot tenant space on the ground floor of the former Men's Macy's building located on the southeast portion of the mall site. Westfield MainPlace contains approximately 1,127,836 square feet of tenant space and was significantly remodeled and expanded in 1987. Mall tenants currently share 4,768 parking spaces that are provided in a combination of surface parking lots and parking structures. The site is surrounded by the Garden Grove (State Route 22) Freeway to the north, professional and administrative office uses to the south, commercial and residential uses within the City Place development to the east, and the Santa Ana (Interstate 5) Freeway to the west (Exhibits 1, 2 and 3). EXHIBIT A 31 DD -3 CUP No. 2014 -36 September 22, 2014 Page 2 Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are currently four ABC licenses located within 500 feet of the project site in addition to the proposed license. These four ABC licenses include one Type 41 license (on -sale 'beer and wine only) and three Type 41 licenses (on -sale beer and wine). In addition, a fifth ABC license was recently approved for Round 1 Entertainment at the mail, but the license is yet to be activated. However, this information does not affect the analysis or recommendation contained in this report. Project Descriptian Panini Cafe is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine as part of the restaurant operations. The restaurant will be operated as a full- service, sit -down eating establishment with an outdoor patio area. The dining area will have approximately 90 seats, with another 70 seats to be located within an outdoor seating area, The restaurant will contain all necessary equipment to be considered for a Type 41 ABC license. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary use, The proposed hours of operation for the facility are from 7 °;00 a.m. to 12:00 a.m.; seven days per week. Overall alcohol storage and display areas will be located within a rear storage room and under the front counter in a refrigerator and will consist of approximately 26 square feet, which is less than one percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4, 5, and 6). Project Backa_round Panini Cafe is a fast casual restaurant that offers fresh and healthy breakfast, lunch and dinner with a modern European taste. The company has several locations in the Southern California area, including facilities in Aliso Viejo, Irvine, Newport Beach and downtown Los Angeles. The Santa Ana MainPlace location would be the company's ninth location and its proposed operations are consistent with those found elsewhere in Southern California. General Plan and Zonina Consistenc The General Plan land use designation for the site is District Center (DC). District Center land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The site is located within the General Commercial (C -2) zoning district. The C -2 zoning district allows for retail and service uses such as restaurants and ancillary alcoholic beverage control licenses, making the proposed use consistent with the zoning designation. 31 DD -4 CUP No. 2014 -36 September 22, 2014 Page 3 Project Analnis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit, Conversely, the inability to make these findings would result in a denial. using this information staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. SAMC Section 41 -196 requires a CUP for establishments selling alcohol for on -site or off -site consumption. The proposed ABC license will allow the proposed restaurant the ability to offer an additional amenity and dining experience for its patrons that is consistent with other eating establishments in the area. Moreover, operational standards attached to conditional use permits for ABC licenses will mitigate potential impacts from Type 41 ABC license (Exhibit 7). The following findings of fact form the foundation for staff's recommendation of approval for the CUP to allow a Type 41 ABC license. The proposed Type 41 ABC license will provide an ancillary service to the facility's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a full - service dining experience within a family - oriented venue. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 31 DD -5 CUP No. 2014 -36 September 22, 2014 Page 4 The proposed Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. The restaurant will offer a full range of meal options to its patrons and the addition of alcohol will be ancillary to the main use. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other similar dining establishments found nearby in Santa Ana and the region that also offer a full selection of meals and alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Panini Cafe to remain economically viable and contribute to the overall success of Westfield MainPlace, helping to decrease the number of vacant spaces that may affect the economic viability of the area. The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code; The facility will be maintained as a full- service, bona -fide eating establishment having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day, Additionally, the restaurant will utilize less than one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan, Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of restaurants with food and alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Westfield MainPlace, which continues to redevelop as a dining, entertainment, and retail destination with regional significance, Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment, Panini Cafe's tenancy will include significant tenant improvements within an anchor building that is being reconfigured to accommodate an eclectic mix of complementary uses. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment at Westfield MainPlace, Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Panini Cafe will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. 31 DD -6 CUP No. 2014 -36 September 22, 2014 Page 5 Police Department Analvsis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after -hours operation in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft; and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation, The project at 2800 North Main Street, Unit 1180 is located in Reporting District No. 161. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards applicable to a Type 41 ABC license will mitigate any potential negative impacts to the surrounding community, Public Notification The project site is not located within the boundaries of an established Neighborhood Association. However, staff contacted the president of the nearby Park Santiago Neighborhood Association, who identified no concerns with the project, The project site was also 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. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, or leasing of existing structures. The project proposes to operate a full - service eating establishment within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. In addition, the structure is already served by municipal services, such as roadways; utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -66 will be filed for this project. 31 DD -7 CUP No. 2014 -36 September 22, 2014 Page 6 Stratealc Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No, 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -36.. Ali Pezeshkp&urs Assistant Planner I VF:jm vAraperls\CUP=PI4 -96 Panini Cafe.092214.PC. Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Conceptual Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Conceptual Elevations (2) Exhibit 7 — Operational Standards for On -Sale Establishments 31 DD -8 CUP 20144 -36 W PANINI CAFE TYPE 4.1 ABC 2800 NORTH MAIN STREET, UNIT 1180 _. -500 FEET 1000 FEET P L A N N I N G A N D B. U 1 L D I N G A G E N G Y EXHIBIT 1 VICINITY MAP 31 DD -9 E 5 F COMMERCIAL kMM. 22 GARDENr GROVE FREEWAY I R aP ''�� }rsaxRaa"55'- rFn�+k W Mal CITY OF ORANGE CUP 2014 -36 PANINI CAFETYPE 41 ABC 1l 2800 NORTH MAIN STREET, UNIT 1180 'w 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 2 LAND USE MAP 31 DD -10 }d. A I N P L T OMM. T I L Y i E S I 9 Mal CITY OF ORANGE CUP 2014 -36 PANINI CAFETYPE 41 ABC 1l 2800 NORTH MAIN STREET, UNIT 1180 'w 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 2 LAND USE MAP 31 DD -10 i 0 a �1 ?f ff Z EXHIBIT 4 31 DD -12 i i S u �s a EXHIBIT 5 31 DD -13 yOm M Q vsi O � lz a W M EXHIBIT 5 31 DD -13 4 Z A6 a p® R W yam® R ED - JJ 6 0 0 EXHIBIT 6 31 DD -14 :1 A z Q Q A w R z W S 5 a 0 E y§ � d Z F S Z Z a See. 41 -156. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally - offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 1 The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12'00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control; prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 7 1 of 4 31 DD -15 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons, All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift; except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not 'limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31 DD -16 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied.. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article 11, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. c. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit /potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31 DD -17 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing Is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25, Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross Floor area of the licensed establishment. 4of4 31 DD -18 ROH - 09/22/14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -36 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET, UNIT 1180 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 Conditional Use Permit No. 2014- 36 for a Type 41 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine for the property located at 2800 North Main Street, Unit 1180. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. C. On September 22, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -36. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -36 to allow for the sale of alcoholic beverages for on -site consumption: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Type 41 ABC license will provide an ancillary service to the facility's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a full - service dining experience within a family- oriented venue. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014-37 31 DD -19 Page 1 of 4 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. The restaurant will offer a full range of meal options to its patrons and the addition of alcohol will be ancillary to the main use. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other similar dining establishments found nearby in Santa Ana and the region that also offer a full selection of meals and alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Panini Cafe to remain economically viable and contribute to the overall success of Westfield MainPlace, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona - fide eating establishment having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2014 -37 31 DD -20 Page 2of4 The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of restaurants with food and alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Westfield MainPlace, which continues to redevelop as a dining, entertainment, and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Panini Cafe's tenancy will include significant tenant improvements within an anchor building that is being reconfigured to accommodate an eclectic mix of complementary uses. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment at Westfield MainPlace. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Panini Cafe will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, or leasing of existing structures. The project proposes to operate a full - service eating establishment within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. In addition, the structure is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -66 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -36. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 22, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -37 31 DD-21 Page 3 of 4 ADOPTED this 22nd day of September, 2014 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney None (0) Alderete (1) None (0) Eric Alderete Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -37 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2014. Date: Planning Commission Secretary City of Santa Ana 31 DD -22 Resolution No. 2014 -37 Page 4 of 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: REGIONAL PLANNED SIGN PROGRAM NO. 2014 -02 TO ALLOW A DIGITAL READER BOARD SIGN FOR THE KIAITOM'S'TRUCKS DEALERSHIP AT 909 NORTH GRAND AVENUE - GEORGE SAELZLER, APPLICANT {STRATEGIC PLAN NO. 3,2) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 71Wj -. 15; Receive and file the staff report approving Regional Planned Sign Program No. 2014 -02 as conditioned. PLANNING COMMISSION ACTION On September 22, 2014, the Planning Commission adopted a resolution approving Regional Planned Sign Program No. 2014 -02 as conditioned by a vote of 6:0 (Alderete absent) to allow the construction of a 65 -foot high digital reader board sign for Kia/Tom's Trucks at 909 North Grand Avenue located in the Arterial Commercial (C5) zoning district. The Planning Commission made three changes to the recommended conditions of approval outlined in the attached staff report: A condition was modified to require 10 percent of the display time be allocated to public service announcements and be evenly distributed throughout the day; a condition was added that limited the operating hours of the sign to 5:00 a.m. to 10:00 p.m„ and, a condition was added that required a lighting test within one week of operation of the sign to analyze light impacts on surrounding properties (Exhibit A). DISCUSSION The applicant is proposing to construct a new digital reader board sign for the Kia and Tom's Trucks dealership. The proposed sign will be 65 feet in height and will consist of a 750 square foot, double faced sign with a 450 square foot digital display area that will incorporate the latest lighting and display technologies. In addition, five static brand panels, each 110 square feet in size, will be located on the structural column of the sign. The top static panel has been designated to prominently identify "Santa Ana" just below the digital display sign. The static panels will consist of individual channel letters or channel logos that will be illuminated during the evening hours. The sign will also incorporate a minimum of 10 percent of the display time (minimum of six minutes per hour) to the City for public service announcements, warning messages or other similar messages as requested by the City. 31 EE -1 Regional Planned Sign October 21, 2014 Page 2 Program No. 2014 -02 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Objective No. 2 (create new opportunities for business /job growth development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency VF:rb vRreports\RPSP 2014 -02 909 N Gmnd.m Exhibit: A. Planning Commission Staff Report 31 EE -2 Economic Development, and encourage private REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 22, 2014 TITLE: PUBLIC HEARING — FILED BY GEORGE SAELZLER FOR REGIONAL PLANNED SIGN PROGRAM NO. 2014 -02 TO ALLOW A DIGITAL READER BOARD SIGN FOR THE KIAITOMS TRUCKS DEALERSHIP AT 909 NORTH GRAND AVENUE {Strategic Plan No. 3, 2} Prepared by Vince Fregoso Interim Executive Dir for RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting PI ninghianager Adopt a resolution approving Regional Planned Sign Program No. 2014 -02 as conditioned. DISCUSSION Request of the Applicant George Saelzler from Electra - Vision, representing Kia/Tom's Trucks, is requesting approval of a regional planned sign program to allow the construction of a 65 foot high digital reader board sign at 909 North Grand Avenue. Digital reader board signs are permitted as part of a Regional Planned Sign Program per Section 41 -885 of the Santa Ana Municipal Code. Project Location and Site Description The subject site consists of four properties located at 909 North Grand Avenue. These parcels are irregular in shape and total approximately 2.81 acres in size. The two northernmost properties are approximately 0.81 acres in size and are remnant parcels from the Santa Ana Freeway (1 -5) widening project. These parcels were acquired from Caltrans and integrated into the site approximately 13 years ago. The remaining two parcels are located south of the former remnant parcels and are about two acres in size. The site is currently occupied by a Kia automotive dealership and Tom's Trucks. Three sales and service buildings are located on the premises that total approximately 23,500 square feet. The site is surrounded by the Santa Ana Freeway (1 -5) to the north, the Orange County Register facilities to the south and east, and commercial and multiple - family residential uses to the west (Exhibits 1, 2 and 3). EXHIBIT A 31 EE -3 Regional Planed Sign Program No. 2014 -02 September 22, 2014 Page 2 Proiect Description The applicant is proposing to construct a new digital reader board sign for the Kia and Tom's Trucks dealership. The proposed sign will be 65 feet in height and will consist of a 750 square foot, double faced sign with a 450 square foot digital display area that will incorporate the latest lighting and display technologies. in addition, five static brand panels, each 110 square feet in size, will be placed on the structural column of the sign. The top static panel has been designated to prominently identify "Santa Ana" just below the digital display sign. The static panels will consist of individual channel letters or channel logos that will be illuminated during the evening hours. The proposed sign will utilize L.E.D. lighting for the digital sign, with both automatic and manual dimming capabilities part of the sign function. The sign will also incorporate a minimum of five percent of the display time (minimum of three minutes per hour) to the City for public service announcements, warning messages or other similar messages as requested by the City. Proiect Background In 1961, Variance No. 1527 was approved to allow a new and used car retail sales lot together with accessory auto service activities on the residentially zoned site. In 1962, Reason Buick obtained approval to allow auto sales and service, becoming the first tenant of the site, where it remained until the early 1990's. In 1994, the Buick dealership vacated the site and was replaced by Tom's Trucks, which was approved for retail sales of trucks. Several years later, The Suzuki Depot received approval to allow auto sales on the premises. In 2013, the City Council approved an amendment application (zone change) to rezone the property from residential to commercial in order to be consistent with the use of the site. The applicant has met with staff to begin discussions regarding future development opportunities on the site, including an expansion of the existing business operation. In March 2014, the City Council adopted Ordinance No. NS -2861, which amended the standards pertaining to Signage. Included within this ordinance was a provision that allowed certain commercial centers and attractions to apply for planned sign programs to allow unique signage, including digital displays, on the premises. The ordinance also required that the planned sign programs be reviewed by the Planning Commission. General Plan and Zoning Analysis The subject site has a General Plan land use designation of General Commercial (GC), which allows for commercial and office uses such as the existing auto sales use. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City such as Grand Avenue. They provide accessible commercial development along the City's arterials as well as provide support facilities and services, including automotive sales and service uses. 31 EE -4 Regional Planed Sign Program No. 2014 -02 September 22, 2014 Page 3 The subject site is zoned General Commercial (C -2). General Commercial areas of the City allow a variety of retail, office and service uses such as automotive dealerships and ancillary signage. The proposed project is consistent with the current zoning for the site. Protect Analysis Regional planned sign program requests are governed by Section 41 -885 of the SAMC, Regional planned sign program requests may be granted when it can be shown that the following can be established: The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight intrusion or similar incompatibilities. The location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists or motorists on City streets or freeways. The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed, which may be determined by height of existing or proposed buildings on -site, the quantity of freestanding buildings, facades, and street frontages, the scale of buildings as they relate to pedestrian and vehicular access surrounding land uses and transportation corridors; visibility from streets, highways, pedestrian areas, rail corridors bikeways other transportation routes, parks, and other public spaces; architecture color(s), material( s), illumination, and other site characteristics; the nature of business activities conducted on -site; and, visibility from any property used or zoned for residential purposes. If these findings can be made, then it is appropriate to grant the regional planned sign program permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the regional planned sign program request, staff believes that the following findings of fact warrant approval of the regional planned sign program. In March 2014, the City adopted new sign regulations that allowed regional commercial centers and attractions, such as auto dealerships, to apply for regional planned sign programs that would allow the ability to install unique signage specific to these uses and locations. The ordinance ensured that the implementation of such sign programs would not have detrimental effects on permitted adjacent sensitive uses, such as residential neighborhoods, due to potential nuisances caused by scale, quantity, light, visual distractions or off -site advertising. 31 EE -5 Regional Planed Sign Program No, 2014 -02 September 22, 2014 Page 4 The new ordinance requires applications for regional planned sign program be reviewed in a manner similar to that for conditional use permits, as detailed in Sections 41 -633 through 41 -651 of the SAMC. The ordinance also contains findings of fact for planned sign programs, which are intended to ensure that the scale and intensity of the proposed signage is consistent with surrounding land uses, that the location of the proposed signage will not create a hazardous environment for those on City streets or nearby freeways, and that the proposed signage is compatible with the scale, intensity, and site development characteristics. Further, the ordinance contains provisions for electronic message displays ( "digital signs ") in planned sign programs for regional commercial centers and regional attractions. The review of these digital signs is intended to establish baseline conditions for all electronic message displays that would protect the health, safety, and welfare of those within viewing distance of such signage while also allowing flexibility in digital technology as it advances over time. Staff review of the proposed regional planned sign program indicates that the proposed digital reader board sign is consistent with the provisions of the ordinance. First, the site is eligible to apply for an electronic sign as it meets the definition of a regional automobile dealership. Second, the proposed sign will comply with the conditions imposed on an electronic message display sign, including provisions that the sign contain a maximum of one (1) double -faced sign per freeway frontage, will be oriented to minimize visual and light emitting intrusion onto residentially zoned or used properties, will maximize its visibility from the Santa Ana (1 -5) Freeway, will produce a maximum light level of 0.3 foot - candles over ambient light levels, will incorporate a means to ensure flexibility in reducing light levels upon request by the City, will provide a means of limiting excessive light or glare and will have automatic diming capabilities. Third, the sign copy will also be restricted to change only through an immediate transition of the message that does not have the appearance of moving text or images, shall not use flashing, intermittent or moving lights or produce the optical illusion of movement, and shall be on display for a minimum of eight seconds. Fourth, the sign will not be located within fifty (50) feet of a traffic signal or sign, or at a location that would not maintain safe conditions for motorists, pedestrians or cyclists as determined by the Public Works Agency. Finally, a minimum of five percent of the display time (three minutes per hour) will be allocated for public service announcements or warning signs as requested and provided by the City (Exhibit 4). The proposed 65 foot high digital reader board sign has been designed to be consistent and harmonious with the surrounding commercial land uses and will not contribute to visual or physical blight. The height of the sign is needed as the Santa Ana (1 -5) Freeway is elevated above the project site. Further, the sign will be oriented toward traffic on the 1 -5 Freeway, which will minimize light impacts on residential uses located north and southwest of the freeway. The sign will incorporate the latest technologies that will minimize light intrusion into neighborhoods, including automatic and manual dimmers that will regulate the lighting levels that may spill into adjacent uses. 31 EE -6 Regional Planed Sign Program No. 2014 -02 September 22, 2014 Page 5 • The proposed sign will be located on private property that is adjacent to an on -ramp to the Santa Ana (1 -5) Freeway. The sign will also be located approximately 100 feet away from the nearest street and at a height of 65 feet, which will minimize the potential for creating a hazardous environment for pedestrians, cyclists or motorist travelling on Grand Avenue or the I- 5 Freeway. • The proposed signage will be compatible with the scale and site development characteristics on which it is proposed as the sign will be placed adjacent to and oriented toward the Santa Ana (1 -5) Freeway, which is the intended audience for the sign. The 65 foot height of the sign will allow the sign to be visible from the elevated freeway. Further, the proposed digital reader board sign is an appropriate type of sign for the automotive and truck dealership, with these types of electronic signs normally found in conjunction with auto dealerships. Automotive dealerships typically advertise the various makes and models of the vehicles that are for sale on the premises. A digital reader board sign will allow the makes and models to be displayed on a single sign, as opposed to the construction of a static sign that would contain multiple sign panels or the construction of several static signs. Finally, the proposed sign will be architecturally compatible with the buildings found on -site. Public Notification The project site is located within the Saddleback View Neighborhood Association and is adjacent to the Mabury Park and Grand Sunrise Neighborhood Associations. The Presidents of these neighborhood associations were notified by mail 10 days prior to this public hearing. 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 surrounding 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, staff received one phone call regarding the proposed project. No correspondence, either written or electronic, has been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Sections 15311 and 15332. Section 15311 applies to structures accessory to a commercial use, with the proposed on- premise sign a minor structure that is accessory to the primary automotive and truck dealership use. Section 15332 applies to in -fill development, such as the proposed sign, that is consistent with the general plan and zoning designations, is on a site that is less than five acres in size, and will not result in any significant effects relating to traffic, noise, air or water quality. Categorical Exemption Environmental Review No. 2014 -90 will be filed for this project. 31 EE -7 Regional Planed Sign Program No, 2014 -02 September 22, 2014 Page 6 Strategic Pian Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Regional Planned Sign Program No. 2014 -02 as conditioned. r Vince Pregoso, Al P Acting Planning Ma fag VF:jm OrsportsWSP 2014.02 909 N Grand.092214,pa Attachments: Exhibit 1 -- General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 —Site Photograph Exhibit 4 — Regional Planned Sign Program submittal 31 EE -8 Cs. cs't'T NI Rt q41/1 RI 'i 0 flJ I� RI xM s 0 ,�nR R P JE S Ri M2 0 SD -21 R1 R1 0 Ml nJ R3 Ri 999 M2. R2 Rx ' Rl a IM1n,• R1 Rl R1 C2 R..� r.21. cz 0 M2 M� M2 M2. MI na R3 ` c R A C2 GZ C2 cz..w M2 nla 3 4 oz 0 i Igo- P .ROU .uw - dmu ,cam R o2 r P a 11 C2 p r w c2 ca. Rear � 5037 �I� M2 � Ma.Ro-�l M2 Mt � I �, F.._RZ r � e A � I R2 R2 112 J'�R12M I M2 Pdz +au M2 tt11 MI cz i cz R2 ! "� d I -101,1 I�i a �1�1 li2.A �:wa� R2 mpa MI IMtl R2 I u R C2 02 777 cz rmu c2mun rzI %M Gxnami M1 M1 M7 M2' x i C2 D R2 R4 AH �'y Hz 9 Ml M7 �C2 pM1 b R3 RJ A] !iJ R)� M1Yl MI t ,t R RJ Rs rsa nJ nJ. lu Mi nrt Mi a M2 Mt v� R3 ,, A��J ,,yy IIJ RJ RJ RJ RJ Utl M1I11 MI D q Al GEtlERALAGROKTUFALI OR MIMESIALREREEd11AL. RI SNELEEAMILYPESDEVIIAL .E MFKNGMWIRh110N CC GOVE:NMENT W ER Ed TAOFAMILYH£DEtlm raA 0CMM8F0ALSLRHMAIN MI UGNTINDUSMAL m MULTIP.EDWETYMULTFIE CI OOMMUNIttCLMMUCAL M2 HEAWINDUSMAL FAMILYPESoWCE 01MG DOW COMMETIAUMU3MM 015MCT Mo MIUTWOPFRAIIONS RA SUBLIMANAM MEJIS C2 GEdEiALOOMMEd7AL C ORG4 SPACE FE FODMIIALFSATE Ca CEN1RALBUENESS P PoFEgoNAL ED SPEORCDEVE.OPNWT CIA CETRALBURNESSAMSTMUAGE FCD PANNEDOOMMUNIWOWROPMEW S' SFWACPAN CA PLANNED SI(FPNGMTER PFO PLANNED F NDEd1IALDEaCHNIER 05 AREiALOGMMEOAL RPSP 2014 -02 KIA/TOM'S TRUCKS 909 NORTH GRAND AVENUE - 500 FEET r -1ooG FEEL P L A N N I N G A N D 8 U I L D I N G A G E N C —y — EXHIBIT 1 VICINITY MAP 31 EE -9 S.F.R. N uo STATE PROPERTY MUTLI- RESIDENCE Sq /VT q RAF OULEVARD P P� COMM. w COMMERCIAL N ;. VACANT z OFFICE FRUIT STREET REGISTER ce M.F.R. cc RPSP 2014 -02 KIA/TOM'S TRUCKS P 909 NORTH GRAND AVENUE P L A N N I N G A N D 8 U I L 6 1 N G A G E N C Y LAND USE MAP EXHIBIT 2 31 EE -10 4, 0• r 909 N. GRAND AVENUE SANTAANA, CA 92701 EXHIBIT 4 31 EE -12 PROJECT ADDRESS: 909 N. GRAND AVENUE ASSESSOR'S PARCEL NUMBER: 398-111-25,398-111-26, & 398- 111 -27 PROPERTY OWNER HEILDLER FAMILY TRUST PO BOX 88, SANTAANA, CA 92702 APPLICANT NAME AND TELEPHONE: GEORGE SAELZLER 909 -626 -0705 EXT100 GENERAL PLAN LAND USE DESIGNATION: GC (GENERAL COMMERCIAL) CURRENT ZONING DISTRICT;. C2 APN 398 - 111 -25, & 398- 111 -27, 398- 111 -26' TOTAL EXISTING AND PROPOSED LOTAREA: 122,403 SQ. FEET, 2.81 ACRES PROPOSED AND EXISTING FLOOR AREA: SERVICE BUILDING A -APPROX. 11,316 SQ. FEET SERVICE BUILDING B - APPROX. 4,938 SQ. FEET BUILDING C - APPROX. 1,582 SQ. FEET BUILDING D - AAPROX.. 5,863 SQ. FEET nSNS9p '� 583nm � � ,y Rmnu R � t C 4'ah roar Y k ©I�.';'.... a ..*.. c. . 4h 3 _ P k.dWS F�O.t' � 'rvny� Sam jcY £ -din TO Scmf U&S 31 EE -13 I A \\ � � M y jj � i \ } > z \�\ 2� NVId 3115 ImPRN a» nasals llnas W,nPdq m-0 _ ez 0 oe .as z -4 u tlVBL'L I '3are`.. -- ,ez sstttrosenNa•v { I� m I Z I U� Q s z ` w. z m w; w m > OW - -� D w z: BE m (D' „4 ITS � ��N �y \$1W6L — Ile4tltl .OS da V \.`lh mows :e3.r�� - IIII' �•y J NOUVOOI NOIS — a9SOdOad 31 EE -15 *1umPAH m,j (D< (D7 �z :m :z ;m ------------ ------------- .--- ----------- FRUIT STREET Fim Hydrnnt PHOTO SITE PLAN 31 EE -16 Al '.. i T 31 EE -18 1 1 a Arm fit PHOTO 16 Y A i t 1 1 a Arm fit PHOTO 16 Y A i 31 EE -20 C6 Cil i F, r p , Y' 1 � u 3 G 2 V ..0 Lin, VIA; -. �_ 31 EE -22 31 EE -24 ( AM O " m i ❑Lo i - + Z �® uJ 1I N _ N vg 55 Fi e W e. l IL A q i b •, a rid 1 & t ti U 31 EE -24 cc i 4 N' t r � 31 EE -26 CD (]..-I li N5ign: The proposed freeway sign is architecturally designed to be a representative of a multiple vehicle dealership(s). The modern design reflects today's and tomorrow's vehicle industry. 31 EE -28 ELECTRONIC MESSAGE DISPLAY Proposed electronic display will consists of two (2) single face Daktronics,lnc displays. Model GalaxyPro® Outdoor Color Matrix, 216 pixels high by 450 pixels wide, each pixel is made up of three (3) L.E.D.s (one (1) red, one (1) blue, and one (1) green), spacing is 20mm from center to center of each pixel group, 144 quadrillion colors are capable; automatic and manual dimming circuit, louvers to minimize vertical light output and solar interference. The display will be set to light output that will minimize impact to the surround - residential properties (see attached Daktronics, Inc. light study). To maximize the visibility from the adjacent freeway, the sign has been pro- posed to be located as close to the rights -of -way as possible. The closer the display is to the viewer, the smaller the display needs to be. The height has been selected to achieve adequate viewing time. Automatic and manual dimming capabilities will guarantee a maximum pro- duction of 0.3 foot - candles over ambient light levels. The display incorporates a photo cell that the computer translates to appropriate light levels. As condi- tions change the computer adjusts the display(s) light output. If light and /or glare adjustments are requested by the city, a review of the light output will be analyzed immediately. No screen transitions are proposed from one to the next at this time. A min- imum of eight (8) seconds for each visible output will be adhered to. The company name and phone number will displayed on the side of the sign for contact At the base of the sign will be a 24 hours a day, seven days per week email and phone contact. In addition, the sign will have a power dis- connect. Five (5 %) percent display time will be available to the city for public service announcements or warning messages as requested by the city. The time will be evenly distributed within the total messages throughout the day. The electronic message display will comply with all required federal, state, and local laws. 31 EE -29 0 iw qJ CL 46; alai 31 EE-30 I August 26, 2013 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Lighting Analysis and Explanation for Proposed On- Premise LED Sign at We Suzuki Depot in Santa Ana, GA To Whom This May Concern: The following letter and accompanying graph pertains to the Daktranics Galaxy Pro proposed for installation by Electra- Vision Advertising Corporation at Kla Suzuki Depot located at 909 N. Grand Avenue in Santa Ana. We hope you find the following Information beneficial. The accompanying graph depicts illumination levels that the proposed display will produce based on nighttime running levels. These nighttime levels are based on a worst -case scenario of an all -white display. Actual levels will be much lower than what is represented on the graph, as typical content runs at 25 to 35 percent of the brightness of an all-white display. Also, the highest illumination level produced 600 feat away frc m the signs .tip? foot candles This level is only 4% of the light from a single wax candle, and most foot candle measuring devices are unable to even record a level that low. Levels at distances and angles beyond are either nonexistent or so low a foot candle meter wouldn't be able to record a level. Therefore, the residential areas across Santa Ana Freeway and to the south of the proposed sign location, which are furtherthan 600 feet away from the sign, would see an extremely low, immeasurable amount of light from the sign. Most Importantly and as alluded to above, the graph assumes absolute darkness with regard to ambient light. In other words the light from the adjacent roadways is not taken Into account, nor are lightsfrom parking lots, streets, the moon, etc. The presence of any of these ambient light factorsfurther reducesthe measurable light from the proposed display. For example, the Illuminating Engineering Society of North America standards (as compiled by the International Dark Sky Association) for outdoor illumination dictate that average lighting formajor roads should be 1.3foot candles. When considering the light from the digital sign itself is only creating at most 0.28 foot candles (at a distance of 200 feet and zero degrees from the center of the display) at its highest illumination on the roadway, the light from said display would be absorbed by the lightfrom the Santa Ana Freeway and neighboring industrial /commercial properties, located to the west and south of the proposed sign location. Daktronics, Inc. is committed to providing LED displays that adhere to the regulatory environment, working closely with our customers for a responsible approach to the market. Please let me know if you have any questions or concerns. Sincerely, Daktronics, Inc. 31 EE -31 DAKTRONIOS air-1- ��y Angela Bailey Slgnage Legislation 605- 692 -0200 ext. 56608 31 EE -32 ti ■ ROH - 09122/14 RESOLUTION NO. 2014 -38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING REGIONAL PLANNED SIGN PROGRAM NO. 2014 -02 AS CONDITIONED TO ALLOW A DIGITAL READER BOARD SIGN FOR THE PROPERTY LOCATED AT 909 NORTH GRAND AVENUE 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 Regional Planned Sign Program No. 2014 -02 as conditioned to allow the construction of a 65 foot high digital reader board sign for the property located at 909 North Grand Avenue. B. Santa Ana Municipal Code Section 41 -885 requires a Regional Planned Sign Program to be approved by the Planning Commission. C. On September 22, 2014, the Planning Commission held a duly noticed public hearing on Regional Planned Sign Program No. 2014 -02. D. The Planning Commission determines that the following findings, which must be established in order to grant this Regional Planned Sign Program pursuant to Santa Ana Municipal Code Section 41 -885, have been established for Regional Planned Sign Program No. 2014 -02 to allow for the construction of a 65 foot high digital reader board sign: 1. The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight intrusion or similar incompatibilities. The proposed 65 foot high digital reader board sign has been designed to be consistent and harmonious with the surrounding commercial land uses and will not contribute to visual or physical blight. The height of the sign is needed as the Santa Ana (1 -5) Freeway is elevated above the project site. Further, the sign will be oriented toward traffic on the I- 5 Freeway, which will minimize light impacts on residential uses located north and southwest of the freeway. The sign will incorporate the latest technologies that will minimize light Resolution No. 2014 -38 Page 1 of 6 31 EE -33 intrusion into neighborhoods, including automatic and manual dimmers that will regulate the lighting levels that may spill into adjacent uses. 2. The location of the proposed signage will not contribute towards a hazardous environment for pedestrian's cyclists or motorists on City streets or freeways. The proposed sign will be located on private property that is adjacent to an on -ramp to the Santa Ana (1 -5) Freeway. The sign will also be located approximately 100 feet away from the nearest street and at a height of 65 feet, which will minimize the potential for creating a hazardous environment for pedestrians, cyclists or motorist travelling on Grand Avenue or the 1 -5 Freeway. 3. The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed, which may be determined by height of existing or proposed buildings on -site; the quantity of freestanding buildings, facades, and street frontages; scale of buildings as they relate to pedestrian and vehicular access surrounding land uses and transportation corridors; visibility from streets, highways, pedestrian areas, rail corridors bikeways other transportation routes, parks, and other public spaces; architecture color(s), material( s), illumination, and other site characteristics; the nature of business activities conducted on -site; and, visibility from any property used or zoned for residential purposes. The proposed signage will be compatible with the scale and site development characteristics on which it is proposed as the sign will be placed adjacent to and oriented toward the Santa Ana (1 -5) Freeway, which is the intended audience for the sign. The 65 foot height of the sign will allow the sign to be visible from the elevated freeway. Further, the proposed digital reader board sign is an appropriate type of sign for the automotive and truck dealership, with these types of electronic signs normally found in conjunction with auto dealerships. Automotive dealerships typically advertise the various makes and models of the vehicles that are for sale on the premises. A digital reader board sign will allow the makes and models to be displayed on a single sign, as opposed to the construction of a static sign that would contain multiple sign panels or the construction of several static signs. Finally, the proposed sign will be architecturally compatible with the buildings found on -site. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Sections 15311 and Resolution No. 2014 -38 Page 2 of 6 31 EE -34 15332. Section 15311 applies to structures accessory to a commercial use, with the proposed on- premise sign a minor structure that is accessory to the primary automotive and truck dealership use. Section 15332 applies to in -fill development, such as the proposed sign, that is consistent with the general plan and zoning designations, is on a site that is less than five acres in size, and will not result in any significant effects relating to traffic, noise, air or water quality. Categorical Exemption Environmental Review No. 2014 -90 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Regional Planned Sign Program No. 2014 -02 as conditioned in Exhibit A attached hereto and incorporated herein by this reference. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 22, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of September, 2014 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete(1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Eric Alderete Chairman 31 EE -35 Resolution No. 2014 -38 Page 3 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2014. Date: Planning Commission Secretary City of Santa Ana 31 EE -36 Resolution No. 2014 -38 Page 4 of 6 Conditions for Approval of Regional Planned Sign Program No. 2014 -02 Regional Planned Sign Program No. 2014 -02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this sign program. The applicant must remain in compliance with all conditions listed below throughout the life of the sign program. Failure to comply with each and every condition may result in the revocation of the sign program. A. Planning Division 1. There shall be a maximum of one (1) double -faced sign per freeway frontage. 2. The digital reader board sign shall comply with the following requirements: a. Be oriented to minimize visual and light emitting intrusion onto properties zoned or used for residential purposes b. Maximize visibility from adjacent or nearby freeway corridors. C. Produce a maximum 0.3 foot - candles over ambient light levels. d. Include a means of ensuring additional flexibility in reducing light levels upon request by the City. e. Provide a means of limiting excessive light or glare. f. Have automatic diming capabilities. 3. The sign copy shall change only through an immediate transition of the sign copy or message that does not have the appearance of moving text or images, shall not use flashing, intermittent or moving lights or produce the optical illusion of movement, and be displayed for a minimum of eight seconds. 4. The sign shall not be located within fifty (50) feet of a traffic signal or sign, or placed in a location that would not maintain safe conditions for motorists, pedestrians or cyclists as determined by the Public Works Agency. 5. The property owner shall comply with Santa Ana Municipal Code Section 41- 638.2 that pertains to graffiti abatement. Resolution No. 2014 -38 31 EE-37 Page 5 of 6 SEPTEMBER 22, 2014 PAGE 2 OF 2 6. The property owner shall provide the City and the public a designated phone number and email address for emergencies or complaints that will be accessible 24 hours a day, seven days per week. 7. In addition to their on- premise advertising and identification purposes, the signs shall be used for public service announcements or warning signs as requested and provided by the City of Santa Ana. At a minimum, five ten percent of the display time every hour shall be set aside for these public messages. (Modified by the Planning Commission September 22, 2014.) 8. At all times, the sign shall comply with all federal, state and local laws, regulations and permitting requirements. 9. The uppermost static sign panel on the column of the sign shall at all times display "Santa Ana." 10. The sign may only be operational between the hours of 5:00 a.m. and 1000 P.M. (Added by the Planning Commission September 22, 2014.) 11. Within one week after the sign is activated, a qualified lighting consultant / electrical engineer shall measure the sign intensity at the sign face and ensure compliance with Santa Ana Municipal Code section 41 -885. Written verification of compliance shall be provided to the Planning Department within one week (Added by the Planning Commission September 22, Resolution No. 2014 -38 Page 6 of 6 31 EE -38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: October 7, 2014 TITLE: YOUTH SPORTS SCHOLARSHIP AND DEFERRED MAINTENANCE PROGRAM {STRATEGIC PLAN NO. 2,2F) CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 70/21/2014 Meeting not convened on 10/7/2014' FILE NUMBER due to unforeseen circumstances Adopt a resolution on the recommendation to develop and implement a Youth Sports Scholarship Program so that it benefits youth participating in the City's youth sports program and advancing progress on deferred maintenance areas that benefit youth sports activity throughout the city. DISCUSSION At the May 20, 2014 City Council meeting, Council approved $200,000 for the Youth Sports Scholarship Program as part of the funding approval for the Five -Year Strategic Plan. The Parks, Recreation, Education and Youth (PREY) Council Committee met on July 28 and discussed this program. The plan proposed by staff is to use $100,000 this current fiscal year to support Santa Ana youth participation in the City's sports program. The program includes the sports of Basketball, Football, Baseball, Soccer, Tennis, and an After School program. Youth that can't afford to take part in these programs will be offered scholarship support so that no Santa Ana child is prevented to participate due to lack of monies. The other half of the fund will be invested on park deferred maintenance projects that directly benefit Santa Ana youth. Half of these monies or $50,000 will be used along with park in -lieu monies to replace the Centennial Park synthetic turf at field #4 at the Centennial Park Dan Young Soccer Complex. The synthetic field replacement will go through the regular bid process and come back at a later time to the City Council. This field was the City's first synthetic field and was opened twelve years ago. The warranty for the playing surface ran out three years ago and staff has been doing their best in patching up the turf to make it playable for the many hours of youth soccer play that takes place on this very popular field. The seven youth soccer organizations that play on this field have asked the City to replace the turf over the last several years. Below you will see a current picture of a youth team playing on the field. Additionally, the Santa Ana Unified School District recently invested in their sports fields by installing synthetic turf. Utilization of synthetic turf will result in less field closures, reduced maintenance expenses and enhanced water efficiencies. 55A -1 Youth Sports Scholarship and Deferred Maintenance Program October 7, 2014 Page 2 The other $50,000 would be used to hire two General Maintenance part time workers who will join the Park General Maintenance crew to work on daily park deferred maintenance tasks that are of high priority. The team will focus on ongoing repairs of water fountains in the park system along with plumbing issues in the restrooms and fixing lights at parks and sport fields. Repairing park irrigations system, park site furniture like benches and picnic tables and the pumps and filtration system for the city pools will also be a priority. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 Youth, Education, Recreation, Objective #2, Expand youth programming, Strategy F, Develop a process for youth sports scholarship programs. FISCAL IMPACT Funds are available in the PRCSA- Recreation - Contract Services account (no 01113230 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency 55A -2 10 /07/2014jas RESOLUTION NO. 2014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE RECOMMENDATION TO DEVELOP AND IMPLEMENT A YOUTH SPORTS SCHOLARSHIP PROGRAM AND ADVANCING DEFERRED MAINTENANCE PROJECTS ON CITY PARTKS 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. Santa Ana enjoys a young, vibrant population. Youth sports in the City perform a vital role in developing the bodies and minds of the City's young people. B. The City's youth- oriented sports organizations provide a foundation for our children and young adults to achieve success in their lives. C. At times, the costs of participation in the sports organizations can be prohibitive, and prevent a number of children and young adults from receiving the lifelong benefits that come with such participation. D. Synthetic turf playing fields in the City, although much more durable than natural grass fields, suffer from years of near constant use. The surfaces and materials of some of the City's synthetic turf fields are in need of maintenance or even replacement. E. Further, prior economic distress had forced the City to cut back on the general maintenance of its parks. Issues have developed in some parks relative to items such as broken water fountains, plumbing issues in restrooms, burned out light bulbs and park furniture in need of repair. F. On May 20, 2014, the City Council approved $200,000.00 for the Youth Sports Scholarship Program as part of the funding approval for the Five -Year Strategic Plan. On July 28, 2014 the Parks, Recreation, Education and Youth (PREY) Council Committee met and made recommendations for the Program. G. The City Council now desires to act on the recommendations as to the development and implementation of the Youth Sports Scholarship Program and the expenditure of the previously allotted funds. Section 2. The City Council hereby directs that the previously approved $200,000.00 for the Youth Sports Scholarship Program be allocated as follows: 55A -3 10/07/2014jas $100,000 this current fiscal year to support Santa Ana youth participation in the City's sports program. The program includes the sports of Basketball, Football, Baseball, Soccer, Tennis, and an After School program. Youth that can't afford to take part in these programs will be offered scholarship support so that no Santa Ana child is prevented to participate due to lack of monies. 2. The $100,000.00 remainder of the fund will be invested on park deferred maintenance projects that directly benefit Santa Ana youth. Half of these monies or $50,000 will be used along with park in -lieu monies to replace the Centennial Park synthetic turf at field #4 at the Centennial Park Dan Young Soccer Complex. 3. The other $50,000 would be used to hire two General Maintenance part time workers who will join the Park General Maintenance crew to work on daily park deferred maintenance tasks that are of high priority. This team will focus on ongoing repairs of water fountains in the park system along with plumbing issues in the restrooms and fixing lights at parks and sport fields. Repairing park irrigations system, park site furniture like benches and picnic tables and the pumps and filtration system for the city pools will also be a priority. ADOPTED this day of 2014. APPROVED AS TO FORM: Sonia Cavazos, City Attorney Miguel A. Pulido Mayor By: Joseph Straka Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 55A -4 10 /07 /2014jas CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria Huizar, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa 55A -5 'P�PM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: EXTENSION OF VARIANCE NO. 2012-07 TO ALLOW THE CONSTRUCTION OF A NEW COMMERCIAL BUILDING AT 2702 NORTH BRISTOL STREET (STRATEGIC PLAN NO. 3,2) CITY MANAGI RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: . ATJZI ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Variance No. 2012 -07. DISCUSSION In October 2012, the City Council approved Variance No. 2012 -07 to allow the construction of a new commercial building at 2702 North Bristol Street. The variance allowed the construction of a 6,900 square foot building and granted relief from the City's front and side yard setback standards. Due to a significant shift in the local, state and national economies that commenced several years ago, the property owner has been impacted by the economic downturn and has been unable to start construction of the project. As a result, the entitlement for the site is ready to expire. Entitlements for development projects expire two years from the date of approval unless construction has commenced. Since construction has yet to begin, the applicant would like to maintain the entitlement for the variance and is requesting an extension. Section 41 -647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of an entitlement. Although the project has yet to be submitted into building plan check, the applicant is hopeful that the recent shift in the economy will allow him the ability to construct the project and find a tenant(s) for the building. As a result, the Planning Division recommends that the entitlement for the commercial building be extended by a period of one year from date of original approval to October 14, 2015. If construction has not commenced by this date, the applicant has the ability to request an additional extension. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3), This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. 55AA -1 Extension of Variance No. 2012 -07 October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning and Building Agency VF: rb OroportsWASWAi 2 -07 extension.m 55AA -2 ROH — 10/21/14' RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF VARIANCE NO. 2012 -07 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 2702 NORTH BRISTOL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In October of 2012, the City Council approved Variance No. 2012 -07 to allow the construction of a new commercial building at 2702 North Bristol Street. B. The applicant has requested a one year extension for Variance No. 2012- 07. It is the Planning Division's policy to recommend no more than one year extensions, mainly in an effort to encourage the construction of previously approved projects. C. The extension request came before the City Council on October 21, 2014. D. Due to a significant shift in the local, state and national economies that commenced several years ago, the property owner has been impacted by the economic downturn and has been unable to start construction of the project. Although the project has yet to be submitted into building plan check, the applicant is hopeful that the recent shift in the economy will allow him the ability to construct the project and find a tenant(s) for the building. E. Pursuant to City of Santa Ana Municipal Code section 41 -647, where construction does not commence, these types of entitlements expire after two years unless the applicant applies for, and the City Council approves, an extension. F. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061(b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. Section 2. Conditional Use Permit No. 2012 -07 is hereby extended for a period of one (1) year from the date of approval to October 14, 2015. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request 55AA -3 Resolution No. 2014 -XXX Page 1 of 3 for Council Action dated October 21, 2014, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of October, 2014. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney M Ryan O. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor Resolution No. 2013 -XXX Page 2 of 3 55AA -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- 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 55AA -5 Resolution No. 2014 -XXX Page 3 of 3 55AA -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: RESOLUTION ESTABLISHING FEES, AND APPROPRIATION ADJUSTMENT RECOGNIZING JAIL PROGRAM REVENUE {STRATEGIC PLAN NO. 1, 4A} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 919007iffil ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution establishing a Jail Pay to Stay Program fee and Administrative Jail Booking Fee. 2. Approve an appropriation adjustment recognizing $100,375 in Jail Pay to Stay program revenue in the General Fund revenue account (nos. 01114002 53411) and appropriate same to expenditure account (no. 01114420 61040), DISCUSSION In its efforts towards strengthening the fiscal model for Jail operations, the Police Department is proposing to establish two new fees - one for a new Pay to Stay program, and one to recover costs for existing services. The Santa Ana Jail Pay to Stay Program allows eligible individuals to complete their jail commitment locally while maintaining work and familial obligations, thereby improving the transition to post- incarceration and re -entry into the community. Dependent on eligibility factors including conviction offense and court approval, the Pay to Stay Program supports full -time incarceration, incarceration with work release, and weekend incarceration. The per diem fee for this program has been set at $110. Initial participation in this program is projected at an average daily population (ADP) of five to ten persons, generating $200,750 to $401,500 in annual revenue. Staff is anticipating that the new fee will generate $100,375 the balance of this fiscal year. In addition, the Police Department is proposing the collection of an administrative booking fee, which is authorized by California Government Code 29550.3. This fee is authorized to be collected only upon the conviction of persons booked at a jail facility. Currently, all Orange County cities with municipal jails charge an administrative booking fee under this code. Countywide, administrative booking fees range from $125 to $347 with an overall average of $232.65. A cost recovery audit was completed and resulted in a total cost to the City of $225 per booking. Staff is proposing a $225 fee for full cost recovery. 55BB -1 Pay to Stay Program and Administrative Booking Fee October 21, 2014 Page 2 Santa Ana Jail bookings are estimated at 7,500 annually, and approximately 6,000 bookings will result in convictions (80 percent). Research of neighboring municipalities revealed that collection rates range from 10 percent to 33 percent. Staff is estimating a conservative collection rate of 20 percent for this program. The requirement of a criminal conviction prior to the collection of the fee creates a delay of four to six months between initial implementation and full revenue realization. Due to this time delay, staff is not anticipating any additional revenue this fiscal year. Staff will project additional revenue of $270,000 in FY 2015 -16. Revenue generated from these fees will supplement the Field Operations overtime account in support of unfunded public safety services for City special events and other special enforcement details. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #1 Community Safety, Objective #4 (ensure a sound fiscal model for jail operations), Strategy A (modify the Santa Ana Jail business model and identify short- and long -term goals to effectively meet the needs of the community through contract negotiations with outside agencies, evaluation of staffing needs and increasing operational efficiency). FISCAL IMPACT The appropriation adjustment will recognize $100,375 in Jail Pay to Stay program revenue in General Fund revenue account (no. 01114002 53411) and appropriate same to expenditure account (no. 01114420 61040). Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: rC � 1. Francisco Gutierrez, Executive Director Finance and Management Services Agency`— IX 55BB -2 LAR/1 0/21/14 RESOLUTION NO. 2014 -XXX RESOLUTION ESTABLISHING PAY -TO -STAY AND ADMINISTRATIVE BOOKING FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Jail was opened in 1997. Currently, the jail houses inmates and detainees under federal contracts, Penal Code section 647f detainees from several local cities and Santa Ana Police arrestees. B. The City of Santa Ana has been reviewing various options for strengthening the fiscal model for jail operations. To that end, the Santa Ana Police Department has determined that the Santa Ana Jail could accommodate inmates under a Pay -to -Stay Program whereby inmates deemed eligible by the Superior Court could complete their jail commitment locally while maintaining work and familial obligations, thereby improving the transition to post - incarceration and re -entry into the community. Dependent on eligibility factors including conviction offense and court approval, the Pay -to -Stay Program would support full -time incarceration, incarceration with work release, and weekend incarceration. C. California Government Code section 29550.3 authorizes a city which books or processes persons to a jail administered by it and which does not otherwise incur an administrative fee from the County to establish and collect an administrative booking fee based upon administrative costs incurred in conjunction with the arrest if the person is convicted of any criminal offense related to the arrest, whether or not it is the offense for which the person was originally booked. The administrative booking fee is collected at the time the person is convicted. Resolution No. 2014 -XXX Page 1 of 2 55BB -3 D. The City conducted a cost recovery audit into administrative costs associated with an arrest and booking and it was determined that the total cost to the City per booking was $225. Section 2. The City Council hereby adopts a `Pay -To -Stay Program" at the Santa Ana Jail and delegates authority for promulgating administrative rules and regulations, to the extent necessary, pertaining to this program to the Chief of Police or his designee. Section 3. The City Council hereby adopts and authorizes the City to collect a Per Diem daily rate for the Pay -to -Stay Program at the Santa Ana Jail of $110 reflecting the pro -rata administrative and staffing costs associated with the average daily population and amends the Miscellaneous Fee Schedule for 2014 -2015 to reflect such fee. Said fee will be implemented and in effect as of the date of this Resolution. Section 4. The City Council hereby adopts and authorizes the City to collect an "Administrative Booking Fee" for the Santa Ana Jail pursuant to California Govemment Code section 29550.3 in the amount of $225 to reflect the administrative costs incurred in conjunction with an arrest by the Santa Ana Police Department at the Santa Ana Jail and collected at the time the person is convicted. The City Council also amends the Miscellaneous Fee Schedule for 2014 -2015 to reflect such fee. Said fee will be implemented and in effect as of the date of this Resolution. Section 5. If any surcharge or fee, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of October, 2014. Resolution No. 2014 -XXX Page 2 of 2 Miguel A. Pulido Mayor 55BB -4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -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 55BB -5 Resolution No. 2014 -XXX Page 3 of 2 - - V REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: ADOPT A RESOLUTION APPROVING THE SEWER SYSTEM MANAGEMENT PLAN 2014 UPDATE {STRATEGIC PLAN NO. 6, 1, C} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F- AuVaiITAO ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the Sewer System Management Plan 2014 Update. DISCUSSION The State Water Resources Control Board (State) adopted Order No. 2006 -0003 on May 2, 2006, which requires the City to prepare and implement a Sewer System Management Plan (SSMP). The primary goal of the SSMP is to prevent sanitary sewer overflows and ensure that sewer agencies provide for the proper management of sewer systems. The SSMP contains detailed procedures that address all aspects of operations, maintenance, and reporting required for the City sewer collection system. On April 6, 2009, the City Council adopted a SSMP. One of the requirements for this document is that it be updated at least once every five years. Staff has continually made improvements to the operation and maintenance of the City sewer system. Among these advancements are the implementation of Geographic Information System and Global Positioning System mapping technology for field crews, and the expanded use of trenchless methods, such as pipe lining and pipe bursting, for repair and construction of sewer mains and laterals. On September 9, 2013, State Order No. WQ 2013 - 0058 -EXEC took effect, establishing monitoring, record keeping, reporting, and public notification requirements for Order No. 2006 -0003. City staff has modified the SSMP to incorporate these requirements, including SSMP elements such as the Overflow and Emergency Response Plan. All revisions will allow Santa Ana to continue to be a leader in the sewer system industry, as well as to be at the forefront of preventing sewage from entering the oceans. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). 55CC -1 Adopt a Resolution Approving the Sewer System Management Plan 2014 Update October 21, 2014 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no direct fiscal impact associated with the adoption of this SSMP. However, the SSMP requires a sewer system maintenance and capital improvement program that will require significant operational and capital expenditures. The costs for these programs are funded through the Sanitary Sewer Service fund. Frbd usavi our Execu ive Director Public Works Agency FM /NS Exhibit: 1. Resolution Exhibit: 2. Sewer System Management Plan 55CC -2 Date: 11 1412014(JAS) -- RESOLUTION NO.2014 -XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE SEWER SYSTEM MANAGEMENT PLAN AND DESIGNATING THE LEGALLY RESPONSIBLE OFFICIAL FOR REPORTING SANITARY SEWER SYSTEM OVERFOLWS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On April 2, 2009, the City approved a required Sewer System Management Plan (SSMP); and B. The State of California Water Resources Control Board (State Board) has now implemented Waste Discharge Requirements (WDR) Order No. 2006 - 003 -DWQ; and C. In order to comply with WDR Order No. 2006 - 003 -DWQ, the City is required to periodically update the SSMP. Further, the governing board of the sanitary sewer system is required to approve the updated SSMP Development Plan and Schedule and final SSMP at a public hearing prior to certification as complete; and D. The State Board WDR Order No. 2006 - 003 -DWQ further requires that each enrolled collection system report all sanitary sewer overflows to the State Board and that all such reports be certified by Legally Responsible Officials under penalty of perjury; and E. The State Water Resources Control Board Executive Officer on July 26, 2013 issued Order No. WQ 2013 - 0058 -EXEC amending the Monitoring and Reporting Program for Statewide General Waste Discharge Requirements for Sanitary Sewer Systems effective September 9, 2013, which are applicable to all sanitary sewer collection systems enrolled under the Waste Discharge Regulations; and F. The City has revised its SSMP to meet the requirements of the amended Monitoring and Reporting Program; and Resolution No. 2014 -xxx Exhibit 1 Page 1 of 3 55CC -3 G. It is required that the City Council now approve the revised SSMP and designate a Legally Responsible Official to report sanitary sewer system overflows to the State Board. Section 2. The City Council of the City of Santa Ana hereby approves and adopts the revised City of Santa Ana Sanitary Sewer Management Plan (SSMP) dated April 4, 2014. Section 3. The City Council of the City of Santa Ana hereby designates the following City employee classification as the Legally Responsible Official for purposes of the State Water Resources Control Board Sanitary Sewer System Waste Discharge Regulations as required by WDR Order No. 2006 - 003 -DWQ: Water Resources Manager Section 4. This Resolution shall be operative from and after November 4, 2014. ADOPTED this 4th day of November, 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Joseph Straka Assistant City Attorney Miguel A. Pulido Mayor 55CC -4 Resolution No. 2014 -xxx Page 2 of 3 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2114 -XXX to be an original resolution adopted by the City Council of the City of Santa Ana on Date: 55CC -5 Maria D. Huizar Clerk of Council City of Santa Ana Resolution No. 2014 -xxx Page 3 of 3 55CC -6 Sewer System Management Plan (SSMP) City of Santa Ana Water Resources Division 4/10/2014 Prepared Under the Supervision of: Nabil Saba Water Resources Manager Exhibit 2 55CC -7 City of Santa Ana Table of Contents /Defenitions/Abbreviai Table of Contents Abbreviations / Acronyms Definitions ........................ Section II: Sewer System Management Plan Requirements ........................... ...........................ii -1 Section1: Goals ............................................................................................ ............................... 1 -1 Section 2: Organizational Structure ......................................................................... ............................2 -1 2.1 Sewer System Organization Chart ....................................................................... ............................2 -1 2.2 Administration and Maintenance Staff Summary .............................................. ............................2 -2 2.3 Supporting Documents ....................................................................................... ............................2 -3 Section3: Legal Authority ............................................................................ ............................... 3 -1 3.1 Summary ............................................................................................................. ............................3 -1 3.2 Supporting Documents ....................................................................................... ............................3 -2 Section 4: Operation and Maintenance Program ....................................... ............................... 4 -1 4.1 Requirements for Operation and Maintenance Program Element .................... ............................4 -1 4.2 Summary ............................................................................................................. ............................4 -1 4.2.1 Mapping ................................................................................................. ............................4 -1 4.2.1.1 Storm Drain System ................................................................. ............................4 -2 4.2.2 Preventative Maintenance ..................................................................... ............................4 -2 4.2.2.1 Gravity Mains ..................................................... ................................... ............... 4 -3 4.2.2.2 Lift Station /Force Mains .......................................................... ............................4 -3 4.2.3 Rehabilitation and Replacement ............................................................ ............................4 -3 4.2.4 Staff Training .......................................................................................... ............................4 -4 4.2.5 Equipment Inventory .............................................................................. ............................4 -4 4.2.5.1 Lift Station Inventory ............................................................... ............................4 -4 4.2.5.2 Equipment Inventory. .......................................................................................... 4-4 4.3 Supporting Documents ....................................................................................... ............................4 -4 Section 5: Design and Performance Provisions .......................................... ............................... 5 -1 5.1 Requirements for Design and Performance Provision Element ......................... ............................5 -1 5.2 Summary ............................................................................................................. ............................5 -1 5.3 Supporting Documents ....................................................................................... ............................5 -2 Section 6: Overflow Emergency Response Plan .......................................... ............................... 6 -1 6.1 Requirements for Overflow Emergency Response Plan Element ............................ ....................... 6 -1 April 2014 i 55CC -8 City of Santa Ana Table of Contents /Definitions /Abbreviations 6.2 Summary ............................................................................................................. ............................6 -1 6.3 Supporting Documents ....................................................................................... ............................6 -2 Section 7: FOG Control Program .................................................................. ............................... 7 -1 7.1 Requirements for FOG Control Program Element .............................................. ............................7 -1 7.2 Summary ............................................................................................................. ............................7 -1 7.3 Supporting Documents ....................................................................................... ............................7 -3 Section 8: System Evaluation and Capacity Assurance Plan ...................... ............................... 8 -1 8.1 Requirements for System Evaluation and Capacity Assurance Plan Element .... ............................8 -1 8.2 Summary ............................................................................................................. ............................8 -1 8.3 Supporting Documents ....................................................................................... ............................8-2 Section 9: Monitoring, Measurement and Program Modifications ........... ............................... 9 -1 9.1 Requirements for Monitoring, Measurement and Program Element ................ ............................9 -1 9.2 Summary ............................................................................................................. ............................9 -1 9.3 Supporting Documents ....................................................................................... ............................9-2 Section 10: SSMP Program Audits ............................................................. ............................... 10 -1 10.1 Requirements for SSMP Program Audits Element ........................................... ...........................10 -1 10.2 Summary .......................................................................................................... ...........................10 -1 10.3 Supporting Documents .................................................................................... ...........................10 -1 Section 11: Communication Program ........................................................ ............................... 11 -1 11.1 Requirements forCommunication Program Element ...................................... ...........................11 -1 11.2 Summary .......................................................................................................... ...........................11 -1 11.3 Supporting Documents .................................................................................... ...........................11 -1 Appendices Appendix A SWRCB Order No. 2006 - 0003 -DWQ Appendix B Organizational Chart, The City of Santa Ana, Public Works Agency Appendix C City of Santa Ana Sewage Spill Procedures Appendix D City of Santa Ana Municipal Code Chapter 39 Appendix E City of Santa Ana Ordinance NS 26 -70 Appendix F City of Santa Ana Standard Plans (for Sewer) Appendix G The City of Santa Ana Standard Specifications of Sewer Construction Appendix H Sample Video Inspection Log and Inspection Report Appendix I City's Sample Sewer Cleaning Report April 2014 i 55CC -9 City of Santa Ana Table of Con Appendix J Sample of the City's Sanitary Sewer System Atlas Maps Appendix K The City of Santa Ana FOG Control Program Manual Appendix L A Collection of Regulations and Logs which support the City's FOG Control Program Abbreviations / Acronyms BMP Best Management Practice CCTV Closed Circuit Television CEQA The California Environmental Quality Act CIWQS California Integrated Water Quality System CM Corrective Maintenance CMMS Computerized Maintenance Management System CIP Capital Improvement Program CWEA California Water Environment Association EML Enhanced Maintenance Location FOG Fats, Oils, Grease FSE Food Service Establishment GIS Geographical Information System 1/1 Inflow / Infiltration LRO Legally Responsible Official MRP Monitoring and Reporting Program NASSCO National Association of Sewer Service Companies NPDES National Pollution Discharge Elimination Program OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OERP Overflow Emergency Response Plan OES State Office of Emergency Services 0 &M Operation and Maintenance PM Preventative Maintenance PVC Polyvinyl Chloride RWQCB Regional Water Quality Control Board SLRRP Sewer Lateral Replacement and Repair Program SSIMS Sewer System Infrastructure Maintenance System SSMP Sewer System Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board WDR Waste Discharge Requirements April 2014 i 55CC -10 City of Santa Ana Table of Contents /Definitions /Abbreviations City The City of Santa Ana Enrollee A federal or state agency, municipality, county, City, and other public entity that owns or operates a sanitary sewer system, as defined in the general WDRs, and that has submitted a complete and approved application for coverage under State Water Resources Control Board Order No. 2006 - 0003 -DWQ. Nuisance California Water Code section 13050, subdivision (m), defines nuisances as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. Sanitary Sewer Overflows Any overflow, spill, release. Discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. Sanitary Sewer System Any system of pipes, pump stations, sewer lines, or other conveyances, upstream of a wastewater treatment plant headworks used to collect and convey wastewater to the publicly owned treatment facility. Temporary storage and conveyance facilities (such as vaults, temporary piping, construction trenches, wet wells, impoundments, tanks, etc.) are considered to be part of the sanitary sewer system, and discharges into these temporary storage facilities are not considered to be SSOs. Satellite collection system The portion, if any, of a sanitary sewer system owned or operated by a different public agency than the agency that owns and operates the wastewater treatment facility to which the sanitary sewer system is tributary. SSO Reporting System Online spill reporting system that is hosted, controlled, and maintained by the State Water Board. The web address for this site is http : / /ciwgs.Aaterboards.ca.eov. This online database is maintained on a secure site and is controlled by unique usernames and passwords. Untreated or partially treated Any volume of waste discharged from the sanitary sewer system wastewater upstream of a wastewater treatment plant headworks. April 2014 i 55CC -11 of Santa Ana Section II: Sewer S t Plan The City's Public Works Agency is responsible for maintaining the citywide water and sewer system. The agency serves a population of 330,920 people and is responsible for maintaining 390 miles of sewer main, 8,000 sewer manholes two sewage lift stations, and two force mains. The majority of the City's sewer mains range from 6" - 12" In diameter, with several as large as 21" in diameter, the majority of which is proactively cleaned on an annual basis. Additionally, the City provides customer service, identifies illegal connections to the sewer system, and sewer blockages. The City is not responsible for maintaining the 46,000 private sewer laterals. However, the City does perform repairs for sewer laterals within public right of way. The City has established and implemented the necessary programs to maintain all aspects of their sewer system in good working order and to reduce the number and severity of sanitary sewer overflows (SSOs). The City monitors the effectiveness of these programs throughout the year and makes the necessary modifications to correct any deficiencies. The City has established sufficient sewer designs, regularly evaluates the condition and capacity of its sewer system, and has implemented an effective FOG Control Program. Additionally, the City has identified problematic sewer mains, which are cleaned on a more frequent basis (enhanced maintenance locations). In addition to proactive and preventive maintenance practices, the City also identifies areas of the sewer system in need of repair and /or replacement and prioritizes corrective measures for these area based on asset risk and resource factors. The staff supporting the operation and maintenance of the sewer system has undergone training to perform such activities and continue development of their skills through participation in external and internal training opportunities. The elements and provisions established in the City's Sewer System Management Plan (SSMP) are based on the requirements established in the State Water Resources Control Board's Order No. 2006- 0003 -DWQ. All federal and state agencies, municipalities, counties, districts, and other public entities that own and operate sanitary sewer systems greater than one mine in length that collect and /or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California, are required to comply with the terms established in this order. The City's SSMP and maintenance and management program complies with this established order, and also provides the necessary measures to reduce and prevent SSOs as well as mitigate the effects of the SSOs that do occur. As stated in the State Water Resources Control Board's Order No. 2006 - 0003 -DWQ, the City must meet the following fifteen (15) provisions: 1. The City must comply with all conditions of Order No. 2006 - 0003 -DWQ. Any noncompliance with Order No. 2006- 0003 -DWQ constitutes a violation of the California Water Code and is grounds for enforcement action. 2. It is the intent of the State Water Board that sanitary sewer systems be regulated in a manner consistent with the general WDRs. Nothing in the general WDRs shall be: a. Interpreted or applied in a manner inconsistent with the Federal Clean Water Act, or supersede a more specific or more stringent state or federal requirement in an existing permit, regulation, or administrative /judicial order or Consent Decree; b. Interpreted or applied to authorize an SSO that is illegal under either the Clean Water Act, an April 2014 11-1 55CC -12 r of Santa Ana Section II: Sewer! Plan applicable Basin Plan prohibition or water quality standard, or the California Water Code; c. Interpreted or applied to prohibit a Regional Water Board from issuing an individual NPDES permit or WDR, superseding this general WDR, for a sanitary sewer system, authorized under the Clean Water Act or California Water Code; or d. Interpreted or applied to supersede any more specific or more stringent WDRs or enforcement order issues by a Regional Water Board. 3. The City shall take all feasible steps to eliminate SSOs. In the event that an SSO does occur, the City shall take all feasible steps to contain and mitigate the impacts of an SSO. 4. In the event of an SSO, the City shall take all feasible steps to prevent untreated or partially treated wastewater from discharging from storm drains into flood control channels or waters of the United States by blocking the storm drainage system and by removing the wastewater from the storm drains. 5. All SSOs must be reported in accordance with Section G of the general WDRs. 6. In any enforcement action, the State and /or Regional Water Boards will consider the appropriate factors under the duly adopted State Water Board Enforcement Policy. And, consistent with the Enforcement Policy, the State and /or Regional Water Boards must consider the City's efforts to contain, control, and mitigate SSOs when considering the California Water Code Section 13327 factors. In assessing these factors, the State and /or Regional Water Boards will also consider whether: a. The City has complied with the requirements of Order No. 2006 - 0003 -DWQ, including requirements for reporting, developing and implementing a SSMP; b. The City can identify the cause or likely cause of the discharge event; c. There were no feasible alternatives to the discharge, such as temporary storage or retention of untreated wastewater, reduction of inflow and infiltration, use of adequate backup equipment, collecting and hauling of untreated wastewater to a treatment facility, or an increase in the capacity of the system as necessary to c ontain the design storm event identified in the SSMP. It is inappropriate to consider the lack of feasible alternatives if the City does not implement a periodic or continuing process to identify and correct problems; d. The discharge was exceptional, unintentional, temporary, and caused by factors beyond the reasonable control of The City; e. The discharge could have been prevented by the exercise of reasonable control described in a certified SSMP for: I, Proper management, operation and maintenance; ii. Adequate treatment facilities, sanitary sewer system facilities, and /or components with an appropriate design capacity, to reasonably prevent SSOs (e.g., adequately enlarging treatment or collection facilities to accommodate growth, infiltration and inflow (1 /1), etc.); iii. Preventative maintenance (including cleaning and fats, oils, and grease (FOG) control); April 2014 II -2 55CC -13 i of Santa Ana Section II: Sewer! Plan Requirements iv. Installation of adequate backup equipment; and v. Inflow and infiltration prevention and control to the extent practicable. f. The sanitary sewer system design capacity is appropriate to reasonably prevent SSOs; and g. The City took all reasonable steps to stop and mitigate the impact of the discharge as soon as possible. 7. When a sanitary sewer overflow occurs, the City shall take all feasible steps and necessary remedial actions to 1) control or limit the volume of untreated or partially treated wastewater discharged, 2) terminate the discharge, and 3) recover as much of the wastewater discharged as possible for proper disposal, including any wash down water. The City shall implement all remedial actions to the extent they may be applicable to the discharge and not inconsistent with an emergency response plan, including the following: a. Interception and rerouting of untreated or partially treated wastewater flows around the wastewater line failure; b. Vacuum truck recovery of sanitary sewer overflows and wash down water; c. Cleanup of debris at the overflow site; d. System modifications to prevent another SSO at the same location; e. Adequate sampling to determine the nature and impact of the release; and f. Adequate public notification to protect the public from exposure to the SSO. 8. The City shall properly manage, operate, and maintain all parts of the sanitary sewer system owned or operated by the City, and shall ensure that the system operators (including employees, contractors, or other agents) are adequately trained and possess adequate knowledge, skills, and abilities. 9. The City shall allocate adequate resources for the operation, maintenance, and repair of its sanitary sewer system, by establishing a proper rate structure, accounting mechanisms, and auditing procedures to ensure an adequate measure of revenues and expenditures. These procedures must be in compliance with applicable laws and regulations and comply with generally acceptable accounting practices. 10. The City shall provide adequate capacity to convey base flows and peak flows, including flows related to wet weather events. Capacity shall meet or exceed the design criteria as defined in the City's System Evaluation and Capacity Assurance Plan for all parts of the sanitary sewer system owned or operated by the City. 11. The City shall develop and implement a written Sewer System Management Plan (SSMP) and make it available to the State and /or Regional Water Board upon request. A copy of this document must be publicly available at the City's office and /or available on the internet. This SSMP must be approved by the City Council at a public meeting. 12. In accordance with the California Business and Professions Code sections 6735, 7835, and 7835.1, all engineering and geologic evaluations and judgments shall be performed by or under the direction of registered professionals competent and proficient in the fields pertinent to the required activities. Specific elements of the SSMP that require professional evaluation and judgments shall be prepared April 2014 II -3 55CC -14 of Santa Ana Section II: Sewer System Management Plan by or under the direction of appropriately qualified professionals, and shall bear the professional(s)' signature and stamp. 13. The mandatory elements of the SSMP are specified below. However, if the City believes that any element of this section is not appropriate or applicable to the City's sanitary sewer system, the SSMP program does not need to address that element. The City must justify why that element is not applicable. The SSMP must be approved by the deadlines listed in Order No. 2006 - 0003 -DWQ. Sewer System Management Plan (SSMP) 1. Goal 2. Organization 3. Legal Authority 4. Operation and Maintenance Program 5. Design and Performance Provisions 6. Overflow Emergency Response Plan 7. FOG Control Program 8. System Evaluation and Capacity Assurance Plan 9. Monitoring, Measurement and Program Modifications 10. SSMP Program Audits 11. Communication Program 14. Both the SSMP and the City's program to implement the SSMP must be certified by the City to be in compliance with the requirements set forth above and must be presented to the City Council for approval at a public meeting. The City shall certify that the SSMP, and subparts thereof, are in compliance with the general WDRs within the time frames identified in the time schedule provided in subsection D.15, below. In order to complete this certification, the City's authorized representative must complete the certification portion in the Online SSO Database Questionnaire by checking the appropriate milestone box, printing and signing the automated form, and sending the form to: State Water Resources Control Board Division of Water Quality Attn: SSO Program Manager P.O. Box 100 Sacramento, CA 95812 The SSMP must be updated every five (5) years, and must include any significant program changes. Re- certification by the Council of the City is required in accordance with D.14 when significant updates to the SSMP are made. To complete the re- certification process, the City shall enter the data in the Online SSO Database and mail the form to the State Water Board, as described above. 15. The City shall comply with these requirements according to the legislated schedule. This time schedule does not supersede existing requirements or time schedules associated with other permits or regulatory requirements. April 2014 II -4 55CC -15 of Santa Ana 1 1. Section 1: Goals The City's Goals and Organization Structure addresses those mandatory SSMP provisions outlined in Section D, 13 (i) Goals and (ii) Organization of the State Water Resources Control Board's Order No. 2006- 0003 -DWQ. The City of Santa Ana recognizes the importance of protecting ocean water quality by preventing sewer spills and has supplemented its existing sewer system maintenance practices with the Waste Discharge Requirements (WDR). The goal of this SSMP is to provide a plan and schedule to properly manage, operate, and maintain all elements of the City's sanitary sewer collection system, in order to reduce and prevent Sanitary Sewer Overflows (SSOs), as well as mitigate any SSOs that do occur. The following specific goals have also been identified to serve as key performance indicators of the program The success of the SSMP program is evaluated based on the accomplishments of these goals: • Conduct a system -wide video inspection (CCTV) of all manholes and gravity mains at least once every eight years; s Inspect 100% of gravity grease interceptors annually; i Meet the assigned cleaning frequencies for all gravity mains; and • Clean 100% of sewer lift stations annually. a. Segerstrom Lift Station b. Maxine Lift Station April 2014 1 -1 55CC -16 Water Resources Manager Principal Civil Engineer IFOG Control Program Manager) Senior Civil Engineer Water Maintenance I Supervisor ks$istant Engineer (2) Water Maintenance M Crew Leader FO G Co n tro ll Consultant Se w e r R e p a i r C r e w Equipment Operator ( 2) Ma intenan ce Worker (4 FOG Inspector (1.5) Sewer Cleaning Crews (2 Crews) Equipment Operators (2 ) deo Sewer V Consultant Maint enance Wor ker ( 2) that of Santa Ana Section 2: Organizational Structure 2.2 Administration and Maintenance Staff Summary The Water Resources Division of the City of Santa Ana's Public Works Agency is responsible for the operations of the City's sewer collections system. The Water Resources Manager is the authorized representative, as described in Section J of Order No. 2006 - 0003 -DWQ, for the City of Santa Ana. The names and titles of all staff within the Water Resources Division can be found on the Water Resources Division organization chart maintained by the Public Works Agency. The telephone numbers for all staff are kept in a centralized City directory accessible to all staff through an intranet application. A copy of the Water Resources Division organization chart is included as Appendix B. The Water Resources Manager, who is also the City's designated Legally Responsible Official (LRO), is responsible for overseeing the SSO reporting process. The Water Maintenance Supervisor receives the spill report from the field crew and prepares a draft report. The draft is then reviewed by the Senior Engineer and considerations is given to volume calculations, vacuum and wash down operations, cause of the spill, timeliness of response, etc. After discussions /reviews are complete, the report is finalized and submitted on- line to the California Integrated Water Quality System (CIWQS). Based on the recent monitoring and reporting requirement changes (WQ 2013- 0058- EXEC), the SSO emergency response procedures were updated in 2013 to represent the affected processes for responding to and reporting SSOs. The City continues its belief in keeping the reporting agencies and the public fully informed. As a first priority during a sewer spill, City staff and field crews notify the appropriate agencies by phone that a spill has occurred instead of depending on the report as a means of notification. A set of Sewage Spill Procedures has been created by the Water Resources Division and distributed to the maintenance staff that details the SSO response procedure and identifies the appropriate agencies to contact (i.e., OES). A copy of this is included as Appendix C. As shown in Appendix B, the City of Santa Ana maintains organizational charts which illustrate lines of authority, employee names, and employee titles. Additionally, the City provides sufficient staffing information to properly operate, maintain, and manage all parts of the City sanitary sewer system. Appendix C includes the City's Sewage Spill Procedures which describes the chain of communication for reporting and responding to SSOs, as well as names and contact information for positions charged with implementing specific portions of the SSMP. In summary, the City maintains an Organizational Structure which meets the requirements of Section D, 13 (ii) Organization of Order No. 2006 - 0003 -DWQ. 1) The Water Resources Manager is identified as the responsible or authorized representative of the City as described in Section J of Order No. 2006 - 003 -DWQ and his name and contact information is listed in Appendix A. 2) The City maintains organizational charts with the names and telephone numbers for all management, administrative, and maintenance positions. These charts clearly identify the lines of authority for these positions, while the City's Sewage Spill Procedures contain the names and contact information for all positions charged with implementing specific portions of the SSMP. 3) The City's Sewage Spill Procedures describes the chain of communication for reporting and responding to SSOs and identifies the person(s) responsible for reporting SSOs to the State and Regional Water Board, as well as other applicable agencies. April 2014 2 -2 55CC -18 of Santa Ana 2.3 Supporting Documents Section 2: Organizational Structure The following documents allow the City of Santa Ana to comply with the goals and organizational structure requirements of the WDR, and are attached as appendices. • SWQCB Order No5. 2006- 0003 -DWQ, Appendix A. • Organizational Chart, The City of Santa Ana, Public Works Agency, Last Updated April 2014, Appendix B. • Sewage Spill Procedures, The City of Santa Ana, Last Updated October 2013, Appendix C. April 2014 2 -3 55CC -19 of Santa Ana 1 � � 1 Section 3: The City's Legal Authority addresses those mandatory SSMP provisions outlined in Section D, 13 (iii) Legal Authority of the State Water Resources Control Board's Order No. 2006 - 0003 -DWQ. The City will demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: 1) Prevent illicit discharges into its sanitary sewer system (examples may include 1 /1, storm water, chemical dumping, unauthorized debris and cut roots, etc.); 2) Require that sewers and connections be properly designed and constructed; 3) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the City; 4) Limit the discharge of Fats, Oils, and Grease (FOG) and other debris that may cause blockages; and 5) Enforce any violation of its sewer ordinances. 3.1 Summary The City is regulated by several agencies of the United States Government and the State of California, pursuant to the provisions of Federal and State Law. Key Federal and State requirements: 1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C. Section 1251 et seq); 2) California Porter Cologne Water Quality Act (California Water Code section 13000 et seq.); 3) California Health & Safety Code sections 25100 to 25250; 4) Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.); and 5) California Government Code, Sections 54739 - 54740. These laws provide the City the authority to regulate and /or prohibit, by the adoption of an ordinance, and by issuance of control mechanisms, the discharge of any waste, directly or indirectly, to the City sewerage facilities. Said authority includes the right to establish limits, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to the City sewerage facilities; to require the development of compliance schedules for the installation of equipment systems and materials by all users; and to take all actions necessary to enforce its authority, whether within or outside the City boundaries, including those users that are tributary to the City or within areas for which the City has contracted to provide sewerage services. Through a series of Ordinances and Resolutions adopted by the City Council internally developed Plans and Requirements, the City possesses the necessary legal authority required by Section D, 13 (iii) Legal Authority of Order No. 2006- 0003 -DWQ: 1) The City of Santa Ana has the power to install sewers and enact regulations related thereto, including the regulation of discharges from private property. Section 39 -57 of the Municipal Code states: "All City owned sewer lines and private onsite sewer lines and laterals should be constructed and maintained to prevent water infiltration into the sewer system. Private on -site sewer lines and public sewer lines shall be used only to convey raw sewage. Rainfall runoff sources (including, but not limited to roof drains, site drains, inlets, uncovered wash area drains, etc.) are prohibited from connecting to any public or private sanitary sewer pipeline." April 2014 3 -1 55CC -20 of Santa Ana Section 3: LegalA The City of Santa Ana currently enforces Orange County Sanitation District regulations prohibiting the discharge of rainfall to the sewer system. This is done through the City's existing development approval process. No connections from any potential source of runoff are allowed to the City's sanitary sewer system. 2) The City prevents illicit discharges into its sanitary sewer system (including, but not limited to, 1 /I, storm water, chemical dumping, and unauthorized debris) through the City Municipal Code, Chapter 39, Section 39 -57, Infiltration and inflow into sewer system, Section 39 -58, Introduction prohibited and Ordinance No. NS -2670. 3) The City of Santa Ana has standard plans and specifications for the construction of sanitary sewers, which insure the sewer lines and connections are properly designed and constructed. The City's Specifications by reference incorporate the Standard Plans and Specifications for Public Works Construction (Green Book), which helps insure proper design and construction of sewer facilities. 4) The City of Santa Ana has a full time Construction Engineering section responsible for oversight of city construction projects. A staff of full -time engineers and inspectors are responsible for insuring all city projects, including sanitary sewer improvements, are constructed in compliance with approved plans and specifications. 5) In November of 2001, the City of Santa Ana via Resolution NS -2479 implemented a sewer lateral repair program. The City repairs and /or replaces the portion of damaged sewer laterals located within the public right -of -way. This work is accomplished by experienced in -house field maintenance personnel. 6) The City of Santa Ana recognizes the significant impacts to sewer collection system operation caused by fats, oils and grease (FOG). In November of 2004, the City adopted a comprehensive FOG control ordinance (Ordinance NS 26 -70). This ordinance establishes the legal authority required to implement a comprehensive FOG control program. The ordinance is attached as Appendix E. 7) Santa Ana sewer ordinances are currently enforced under Administrative Citation provisions of the municipal code. Public Works Agency Sanitation Inspectors have citation authority to enforce sewer ordinance provisions. �r� 1 1� The following documents allow the City to comply with the Legal Authority requirements of the WDR, and are attached as appendices: • The City of Santa Ana Municipal Code, Chapter 39, Appendix D • Ordinance No. NS -2670, Appendix E • The City of Santa Ana Standard Plans for Sanitary Sewers, Public Works Agency, Last revised on November 5, 2012, Appendix F. • The City of Santa Ana Standard Specifications of Sewer Construction, Public Works Agency, Appendix G. April 2014 3 -2 55CC -21 of Santa Ana Section 4: operations and Maintenance Pro This section of the SSMP presents the City's wastewater collection system operations and maintenance (0 &M) program. The summarized requirements for the Operations and Maintenance Program are: 1) Maintain an up -to -date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable storm water conveyance facilities; 2) Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders; 3) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short -term and long -term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long -term plans plus a schedule for developing the funds needed forthe capital improvement plan; 4) Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and 5) Provide equipment and replacement part inventories, including identification of critical replacement parts. The City has created and maintains maps of the sanitary sewer system and has established a routine cleaning frequency for the gravity sewer mains and sewer lift stations. The City also identifies areas of the sewer system that may require rehabilitation or replacement, and has prioritized those locations for either repairs or replacement in the City's capital improvement plan. The City also provides routine training for their staff and encourages their staff to acquire all available CWEA certifications. Additionally, the city has created a spare parts inventory for all critical replacement parts. 4.2.1 Mapping The City utilizes a Geographic Information System (GIS) based mapping system to maintain and manage collection system maps and key system attribute data. The GIS mapping system, depicting the physical April 2014 4 -1 55CC -22 r of Santa Ana Section 4: operations and Maintenance Pro location of all sewer mains, manholes and lift stations, is deployed to collection system 0 &M staff using field tablets. This mobile system provides up -to -date system maps as well as historic system information such as construction plans, asset age, known defects, and maintenance frequencies. Where mapping errors or omissions are identified by field crews, the system provides the ability to capture and relay the corrections to the City's engineers for review and where appropriate, revision to the GIS database. Figure 4 -1, City of Santa Ana Sewer System Map, is a composite rendering of a sewer system map generated from the City's GIS. Figure 4 -1, City of Santa Ana Sewer System Map 0 0�.5 1 MIle3 4.2.1.1 Storm Drain System The locations of all the storm water conveyance facilities are available to field crews as a separate GIS layer which can be overlaid with collection system mapping layers to reveal important relationships between the two systems. While not responsible for the C &M of the storm drain system, City 0 &M staff is trained to understand the storm drainage network to supplement SSO response actions. April 2014 4 -2 55CC -23 V of Santa Ana Section 4: operations and Maintenance Pro 4.2.2 Preventative Maintenance The City's sewer collection system Operations and Maintenance Program consists of critical proactive, preventive and corrective measures for the City's gravity sewer system and lift stations. The details of the City's 0 &M Program are summarized below with further detail and specific procedures set forth in the City's Sewer System Operations and Maintenance Manual. 4.2.2.1 Gravity Mains The City of Santa Ana has historically cleaned the majority of sewer system on a 15 month cycle, and continues to operate at this frequency. However, the City does collect field observations and data during routine maintenance activities, which factor into maintenance frequencies. This utilization and analysis of field data will allow the City to optimize maintenance activities throughout the sewer system. This process will result in more sections of gravity pipelines being cleaned less frequently than the traditional 15 month cycle. The City has identified areas of the collection system that require more frequent cleaning — known as enhanced maintenance locations (EMLs) — which are cleaned on a monthly or quarterly interval. EMLs include, but are not limited to, inverted siphons that run under flood control channels and commercial areas with a high density of food service establishments. The City executes the collection system maintenance program with two sewer cleaning trucks, each staffed with a two -man crew. The gravity mains within the City are divided into two discrete zones with one crew assigned to each zone. In general, the gravity mains are cleaned in a Northeast to Southwesterly direction, following the natural gravity flow of the sewer system. To control root growth within the sewer system, the City performs as needed root control activities. The root control activities include the use of foaming that is approved by the U.S. Environmental Protection Agency for this use. CCTV inspections are often used to evaluate the root growth and determine the appropriate mitigation measures for each stretch of impacted sewer mainlines. Sewer maintenance activities are scheduled and tracked using the GIS -based computerized maintenance management system (CMMS). For each line segment cleaned, the maintenance crews complete a report detailing the date, time, location, and key observations during the maintenance activities. Field observations include assessment of the type (e.g., roots, FOG, debris) and quantity (e.g., light, medium, and heavy) of materials removed during the line cleaning process. These observations are analyzed and factor into determinations of maintenance frequency adjustments. Additionally, observations of "heavy' accumulation are prioritized for CCTV inspection and /or other source control actions. 4.2.2.2 LiftS ation /Farce Mains In addition to the crews maintaining the gravity sewer system, the City's Water Production staff supports maintenance of the two sewer lift stations and the force mains are cleaned as needed. A total of seven Water Production Operators are cross - trained to assist with the maintenance of these pump systems. Maintenance activities include weekly inspections of each lift stations, along with periodic equipment servicing consistent with equipment manufacturer's recommendations and industry standards /best practices. 4.2.3 Rehabilitation and Replacement A comprehensive condition assessment of the City's entire sewer system was completed in 2010. The City assigned each sewer segment a structural severity rating, consistent with industry standard National Association of Sewer Service Companies (NASSCO), to classify the condition of the sewer line. Sewer segments April 2014 4 -3 55CC -24 of Santa Ana Section 4: Operations and Maintenance Pro with the most severe structural ratings are prioritized for rehabilitation and /or replacement; therefore, this baseline CCTV inspection data serves as the basis for the City's Rehabilitation and Replacement plan. Additional details of the processes and criteria for condition assessment activities are included in the City's Sewer System Operations and Maintenance Manual. Even though the City is not responsible for the maintenance of private sewer laterals, the City has a Sewer Lateral Replacement and Repair Program (SLRRP) to assist customers with sewer lateral repairs within the public right -of -way. CCTV inspections are often used to evaluate the root growth and determine the appropriate mitigation measures for each stretch of impacted sewer mainlines. Two separate funds support the City's Capital Improvement Program (CIP). The Sanitary Sewer Service fund is allocated for maintenance, rehabilitation and repair of sanitary sewer facilities, as well as emergency response to sewer blockage issues. The Sewer Connection Fee fund is allocated solely for the construction of sewers. The City balances the rehabilitation projects on a year -to -year basis and aims to improve the operating efficiency and life expectancy of the entire sewer system. Sewer service rates are periodically reviewed and adjusted to address identified CIP needs. 4.2.4 Staff Training City sewer maintenance personnel are generally trained in- house /on- the -job to execute collection system maintenance tasks, as well as responding to system emergencies. Equipment vendors provide additional training for specific equipment or components. When feasible, field crews also attend seminars and /or conferences for additional training opportunities. Water production staff also receive on- the -job and equipment vendor training to operate and maintain all City pumping facilities and related equipment, including the two sewer lift stations. Although not required, City maintenance staff are encouraged to obtain California Water Environment Agency (CWEA) training and certification. Several staff members have received certification through this program. 4.2.5 Equipment Inventory 4.2.5.1 Lift Station lnventory Each of the two sewer lift stations is equipped with redundant pumps. Therefore, should one pump experience reduced performance or a mechanical failure, the redundant pump will automatically start. Both lift stations are equipped with automatic backup emergency diesel generators for use during power failures. The City additionally has a stand -by bypass pump that can be deployed to any lift station if needed. 4.2.5.2 Eauturnent Inventory An inventory of pipe and equipment is stored at the City's Corporate Yard for use by maintenance crews to make repairs to smaller sewer mains and laterals. The City maintains a Call -Out Vehicle with all necessary, back -up materials, including plugs. In addition, the City has an on -call Contractor available to support emergency situation. r r The following documents, attached as appendices, support the City's Operation and Maintenance Program, thereby allowing the City to comply with the Operation and Maintenance Program requirements of the WDR: Sewage Spill procedures, the City of Santa Ana, Last Updated October 2013, Appendix C. April 2014 4 -4 55CC -25 r of Santa Ana Section 4: Operations and Maintenance Prc • A sample of the City's Video Inspection Log and Inspection Report, The City of Santa Ana, Appendix H. • A sample of the City's Sewer Cleaning Report, The City of Santa Ana, Appendix I. • A sample of the City's Sanitary Sewer System Atlas Maps, Appendix J. Additionally, the following documents also support the City's Operation and Maintenance Program, and are available from the City's Engineering Division. Due to the size of these documents, they have not been attached as appendices. • City of Santa Ana Sewer Master Plan — Final Report, September 2003, M W H April 2014 4 -5 55CC -26 of Santa Ana Section 5: Design and Performance Provisions This section of the SSMP presents the City's design and performance provisions for the required elements of the sanitary sewer system. a The City's Design and Performance Provisions encompass the following components: 1) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; 2) Procedures and standards for inspecting and testing the installation of new sewers, pumps and other appurtenances and for rehabilitation and repair projects. 5.2 Summary The City has established Sewer System Standard Plans and Standard Specifications requiring that all new sanitary sewer systems, pump stations and other appurtenances, as well as the rehabilitation and repair of existing sewer facilities, be designed and constructed in accordance with the City's established designs. Procedures and standards for inspecting and testing the installation of new sewers, and other appurtenances are also outlined in the established performance provision elements of the Standard Plans and Specifications. 1) Contains design and construction standards and specifications for the installation of new sanitary sewer systems, and other appurtenances, and for the rehabilitation and repair of existing sanitary sewer infrastructure. The City's Specifications by reference incorporate the Standard Plans and Specifications for Public Works Construction (Green Book), which helps insure proper design and construction of sewer facilities. Additionally, the City has standardized its use of equipment in the pumping stations for ease of maintenance and replacement. This includes the pumps, liquid level indicators, electrical components, valves, piping and radios. The City also uses cured -in -place pipe lining technology where these methods are cost effective and practical to supplement traditional replacement and rehabilitation methods. The City has adopted the American Public Works Association Standard Specifications for Public Works Construction ( "Greenbook ") as its standard specification for sewer projects. The Greenbook specifications for pipeline rehabilitation are used as the standard for City projects. 2) Contains procedures and standards for inspecting and testing the installation of new sewers, other appurtenances and for rehabilitation and repair projects. Inspection and testing of new construction is accomplished by trained City Public Works Agency construction inspectors. These inspectors insure that all sewer projects are completed in accordance with the City's standards. April 2014 5 -1 55CC -27 of Santa Ana Section 5: Design and Performance Provisions 5.3 Supporting Documents The following documents, attached as appendices, support the City's Design and Performance Provisions, thereby allowing the City to comply with the Design and Performance Provisions requirements of the WDR: • The City of Santa Ana Standard Plans for Sanitary Sewers, Public Works Agency, Last revised on November 5, 2012, Appendix F. • The City of Santa Ana Standard Specifications of Sewer Construction, Public Works Agency, Appendix G Additionally, the following documents also support the City's Design Provisions, and are available from the City's Engineering Division. Due to the size of these documents, they have not been attached as appendices. • Standard Specifications for Public Works Construction, Latest Edition adopted by The GREENBOOK COMMITTTEE of Public Works Standards, Inc. • Standard Plans for Public Works, 2006 Edition as promulgated by the "Greenback" Committee of Public Works Standards, Inc. April 2014 5.2 55CC -28 of Santa Ana Section 6: Over )onse Plan This section of the SSMP presents the City's sanitary sewer overflow emergency response plan and supporting program elements. FUMITITT11 The City shall develop and implement and overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: 1) Proper notification procedures so that primary responders and regulatory agencies are informed of all SSOs in a timely manner; 2) A program to ensure an appropriate response to all overflows; 3) Procedures which ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the Monitoring and Reporting Program (MRP). All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Boards WDR's or National Pollution Discharge Elimination System (NPDES) permit requirements. The SSMP should identify the officials who will receive immediate notification; 4) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; 5) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and 6) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. ME i'3R"r= The City has outlined specific measures to protect public health and the environment in its Sewer Spill Procedures (Appendix C). These procedures contain a plan for responding and reporting to SSOs which includes, but is not limited to, the following: 1) The City's Sewage Spill Procedures outlines the proper SSO notification procedures, thereby ensuring that primary responders and regulatory agencies are informed of all SSOs in a timely manner; 2) City policy is to respond to all spills within the City whether on public or private property and to take all steps possible to prevent the spills from reaching the storm drains, flood control channels, or waters of the State, all in accordance with the waste discharge requirements. The City's Sewage Spill Procedures contains a program to ensure an appropriate response to all types overflows; April 2014 6 -1 55CC -29 of Santa Ana Section 6: Overflow Emergency Response Plan 3) The City's Sewage Spill Procedures outlines the procedures which ensure prompt notification to appropriate regulatory agencies and other potentially affected entities of all SSOs that potentially affect public health or reach the waters of the State in accordance with the Monitoring and Reporting Program (MRP). In addition, agencies to be notified include the Orange County Health Care Agency ( OCHCA), and the California State Office of Emergency Services (OES), if necessary. These procedures also identify the officials who will receive immediate notification; 4) The City conducts internal training sessions to ensure familiarity with these procedures and prepare staff for an SSO event, from initial notification to SSO report documentation, including any necessary emergency activities, such as traffic control. In addition, City staff attend the OCSD SSO simulation training seminars whenever they are conducted by OCSD; 5) City of Santa Ana sewer maintenance staff is trained in the placement of traffic control and can respond to all but the most extreme emergencies. If a spill necessitates extensive traffic and or crowd control, the City's Police Department is contacted. Officers are trained in traffic and crowd control during emergency situations. These procedures are also addressed in the City's Sewage Spill Procedures; and 6) The City's Sewage Spill Procedures ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs. The City relies on the Orange County Health Care Agency ( OCHCA) for monitoring water quality and posting beach closures. All spills are reported immediately to the OCHCA office. The City also has procedures for conducting water quality sampling and preparing a SSO Technical Report for any Category 1 SSO in which 50,000 gallons or greater are spill to surface waters. s. r �, The following documents allow the City to comply with the overflow and emergency response plan requirements of the WDR, and are attached as appendices. • Sewage Spill Procedures, City of Santa Ana, Water Resources Division, Last Updated October 2013, Appendix C. April 2014 6.2 55CC -30 of Santa Ana 11 0 billi 111 11 1 f f 1' Section 7: FOG Control This section of the SSMP presents the City's FOG Control Program for preventing FOG discharge and accumulation in the sanitary sewer system. 0 r r. The City's FOG Control Program helps reduce the amount of FOG discharged into the sanitary sewer system, by including: 1) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area, and a list of acceptable disposal facilities. 2) Legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG. 3) Requirements to install grease removal devices, design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements. 4) Authority to inspect grease producing facilities, enforcement authorities, and sufficient staff to inspect and enforce the FOG ordinance. 5) Identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section. 6) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified. 7) Implementation of a plan and schedule for a public education outreach program that promotes proper disposal of FOG. 7.2 Summary To reduce the amount of FOG discharged into the City's sanitary sewer system, the City has developed a FOG Control Program. The City has identified all Food Service Establishments (FSE) within its service area as part of their monitoring and surveillance program, as per Ordinance No. NS 26 -70. Accordingly, these FSE's must submit building plans in order to receive sewer service. This process includes an interceptor sizing component and an Interceptor Maintenance Plan, which includes the City's maintenance requirements, BMP requirements, record keeping and reporting requirements. A list of all FSE's Is maintained by the City in an FSE Access database and includes all grease removal equipment and documentation requirements. The City has identified the sections of its sanitary sewer system subject to high levels of FOG, and has developed an Operation and Maintenance Program which includes a higher frequency (typically monthly) cleaning schedule for each of these sections. FSEs located upstream of these locations are subsequently inspected more frequently to help control the FOG discharge. Elements of the FOG Control Program includes: 1) The City requires that each FSE maintain a plan and schedule for the disposal of FOG generated by its April 2014 7.1 55CC -31 r of Santa Ana Section 7: FOG Control Program activities. The plan and schedule can be found within the FOG Control Program Manual's Appendix C. 2) In January of 2005, the City of Santa Ana implemented a FOG Control Program that includes all of the required WDR elements. A copy of the FOG Control Program Manual was submitted to the Regional Board in January, 2005. The FOG Control Program Manual is incorporated, by reference, into the SSMP. All elements of the FOG Control Program are currently being implemented by a combination of City staff and consultants. The City's FOG Ordinance (Ordinance NS 26 -70) provides the legal authority necessary to enforce the FOG program. 3) The City's requirements to install grease removal devices are discussed in Section 4.3 — FOG Wastewater Discharge Requirements of the City of Santa Ana Fats, Oils, and Grease (FOG) Control Program Manual. This section, and related sections in the FOG Control Program Manual also describe the requirements for design standards for the removal devices, maintenance requirements, BMP requirements, and record keeping and reporting requirements. 4) The City has legal authority to inspect grease producing facilities established in Ordinance NS 26 -70 and the FOG Control Program Manual, and enforces any violation of the sewer ordinance in accordance with City requirements. The City has sufficient staff to provide inspections of each grease removal device in its service area at least once per year. 5) The City has identified sections of its sanitary sewer system subject to high levels of FOG in its Digital Sewer Atlas. Accordingly, the City's Operation and Maintenance Program includes a higher frequency (typically monthly) cleaning schedule for each of these sections. These measures have prevented FOG related SSOs from occurring. The City of Santa Ana has created an "Enhanced Maintenance Location (EML) Database" as a part of the Sewer System Infrastructure Management System. These EMLs along with siphons are cleaned on a weekly or monthly basis, depending on the severity of the problem. 6) The City has developed and implemented source control measures for all sources of FOG discharged to the sanitary sewer system for each section of the Sewer Line Problem Areas identified by adopting Ordinance NS 26 -70. A major collaborative effort took place in this SSMP requirement during the development of the City's existing SSMP. A FOG Control Program Manual was developed to specify the key elements of the ongoing FOG Control Program, and will be further discussed and updated (when necessary) as required in the WDR. A comprehensive FOG source identification investigation process is being implemented and refined as part of the FOG Control Program. The process incorporates CCTV investigation along with FSE inspections to determine the sources of FOG discharges to sewer system EMI-s. The source identification process is included in the FOG Control Program Manual. 7) City Staff and the City's FOG Program consultant meets with FSE owners during inspections, and as need, to discuss the City's FOG Control Program including proper grease control device maintenance. The City has developed formal literature to be disseminated during these meetings. The City also distributed FOG educational materials to residential communities associated with high levels of FOG discharge. Additionally, the City has developed a FOG Mailer, to be included annually in all customers' monthly bills. April 2014 7-2 55CC -32 of Santa Ana 7.3 Supporting Documents Section 7: FOG Control The following documents, attached as appendices, support the City's FOG Control Program, thereby assist the City to comply with the FOG Control Program requirements of the Statewide General Waste Discharge Requirements (WDR): • City of Santa Ana Municipal Code, Chapter 39, Appendix D; • Ordinance No. NS26 -70, Appendix E; • The City of Santa Ana Standard Plans for Sanitary Sewers, Public Works Agency, Last revised on December 12007, Appendix F; • The City of Santa Ana Standard Specifications of Sewer Construction, Public Works Agency, Appendix G; • The City of Santa Ana FOG Control Program Manual, Appendix K,• A Collection of Regulations and Logs which support the FOG Control Program, Appendix L: • FOG Rules and Regulations (English) • FOG Rules and Regulations (Spanish) • FOG Worksite Poster • FSE Employee Training Log • FSE GRE Maintenance Log • FSE Lateral Maintenance Log • FSE Waste Grease Log April 2014 7.3 55CC -33 of Santa Ana Section 8: System Evaluation and Capacity Assurance Plan Section i System Evaluation and Capacity Plan This section of the SSMP presents the City's sanitary sewer system evaluation and capacity assurance plan. 8.1 Requirements for System Evaluation and Capacity Assurance Plan Element The City has prepared and implemented a Capital Improvement Program (CIP) that will provide adequate hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. The City's Sewer Master Plan encompasses the following components: 1) Evaluation - Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge. The evaluation provides estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events. 2) Design Criteria - Where design criteria do not exist or are deficient, undertake the evaluation identified in (1) above to establish appropriate design criteria. 3) Capacity Enhancement Measures - The steps needed to establish a short- and long -term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, 1/1 reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. 4) Schedule — The City has developed a schedule for all portions of the CIP developed in (1) -(3) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements. The City maintains a Sewer Master Plan which addresses the requirements outlined above. The elements of the Sewer Master Plan includes: 1) The 2003 Sewer Master Plan Update and Infiltration and Inflow Study analyzed the capacity of larger city sewers (generally 10 inch diameter and larger) for peak flow conditions under both dry and wet weather conditions. Deficient sewer line segments are identified for prioritization in the capital replacement program. The 2003 Sewer System Master Plan includes a list of recommended projects to address existing and future capacity deficiencies. The projects are grouped in four different priority categories, with priority 1 being the highest priority category and 4 being the lowest priority category. A copy of this master plan document has been provided to the Regional Board in digital format. Updates to the April 2014 8 -1 55CC -34 r of Santa Ana Section & System Evaluation and Ca Sewer Master Plan are planned for 2014/2015. r Assurance Plan 2) The City's Sanitary Sewer Standard Specifications as well as the Standard Plans for Sanitary Sewers outline the appropriate design criteria necessary to ensure sufficient capacity, as well as preserve the estimated life -cycle of wastewater infrastructure. Any design that is not encompassed by the City Standards shall be sufficiently reviewed to ensure proper design and construction of the facility. 3) The City has established a Capital Improvement Program (CIP) to address projected hydraulic deficiencies. The CIP is included in the City of Santa Ana Sewer Master Plan, and includes projected cost estimates, alternatives analysis and project prioritization. The City's Sewer Enterprise Funds describe how the City proposes to continue to pay for the CIP, by noting fund balances, funding sources and fund uses. The Sewer Master Plan Update contains a list of each projects identified as necessary to increase the capacity of portions of the system. The projects are grouped by priority into four priorities, with priority one being the highest. The projects are being addressed based upon the priorities. 4) The City has developed their CIP, as presented above, and plans to review and update it accordingly during the next Sewer Master Plan Update. 41 IM The following documents, attached as appendices, support the City's System Evaluation and Capacity Assurance Plan, thereby allowing the City to comply with the System Evaluation and Capacity Assurance Plan requirements of the WDR: The City of Santa Ana Standard Plans for Sanitary Sewers, Public Works Agency, last revised on November 5, 2012, Appendix F. Additionally, the following documents also support the City's System Evaluation and Capacity Assurance Plan, and are available from the City's Water Resources Division. Due to the size of these documents, they have not been attached as appendices. • City of Santa Ana Sewer Master Plan — Final Report, September 2003, M W H April 2014 8 -2 55CC -35 r of Santa Ana Section 9: Monitoring Measurement and Pro Section 9: Monitoring, Measurement and Program Modifications This section of the SSMP presents the City's monitoring, measurement and Program modifications for the sanitary sewer system. 9.1 Requirements for Monitoring, Measurement and Program. Modifications Element The City's Monitoring, Measurement, and Program Modifications shall encompass the following components: 1) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities; 2) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; 3) Assess the success of the preventative maintenance program; 4) Update program elements, as appropriate, based on monitoring or performance evaluations; and 5) Identify and illustrate SSO trends, including: frequency, location, and volume. 9.2 Summary The City evaluates the following Monitoring, Measurement, and Program Modifications Metrics for the sanitary sewer system and all elements of the SSMP: The SSMP elements are discussed periodically throughout the year during regular staff meetings with the Water Resources Manager and the division supervisors. Additional meetings to assess the effectiveness of individual elements are held as needed. Major studies, such as the Sewer Master Plan update and Infiltration and Inflow Study are also used to measure the effectiveness of the SSMP and make revisions as appropriate. The City tracks the location and cause of all SSOs, blockages, and gravity main EMLs. The City maintains a log of all cleaning activity, which details the size, material and location of each pipe cleaned, as well as the equipment utilized, and any relevant remarks observed during the cleaning. The City utilizes field data acquisition software (infraMap), which utilizes ESRI software in conjunction with the City's sewer system infrastructure maintenance system (SSIMS) for preventative maintenance tracking and work orders. City Field Staff observe all gravity mains and manholes during routine cleaning, and conduct localized video inspections when their observations warrant further investigation. Additionally, the City conducts system- wide video inspections and each pipe is given a score based on the National Association of Sewer Service Companies' (NASSCO) pipeline rating system. These ratings, as well as the observed condition of each pipeline, allow the City to identify gravity mains that are at risk of collapse or prone to more frequent blockages due to pipe defects. The City identifies all food preparation and service locations within the City Limits as part of their monitoring and surveillance program. A list of all such customers is maintained by the City's FOG control consultant in its April 2014 9 -1 55CC -36 L of Santa Ana Section 9: Monitoring Measurement and Pro databases as well as in the City's digital atlas maps. All interceptors are inspected at least once a year by the City's Inspectors as well as the City's FOG control consultant in accordance with the City's FOG Control Program manual. In order to monitor the implementation and measure the effectiveness of the SSMP, the City tracks several performance indicators, including: • Number and location of SSOs over the past 12 months, distinguishing between dry weather overflows and wet weather overflows; • Volume distribution of SSOs (e.g. number of SSOs < 100 gallons, 100 to 999 gallons, 1,000 to 9,999 gallons, > 10,000 gallons); • Number of gravity grease interceptors inspected over the past 12 months; • Miles of gravity mains cleaned over the past 12 months; The SSMP and its elements will be updated in accordance with the results of the monitoring described above. To date, revisions have been made to the FOG program as well as the Sewer Spill Procedures. x. �• 11 The following documents allow the City to comply with the Monitoring, Measurement, and Program Modifications requirements of the WDR, and are attached as appendices. • A sample of the City's Video Inspection Log and Inspection Report, Appendix H. April 2014 9 -2 55CC -37 of Santa Ana This section of the SSMP presents the City's SSMP program audits. #, 0 . , 1 Section 10: SSMP Program Audits The City is required to conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the City's compliance with the SSMP requirements identified in Section D, 13 of Order No. 2006 - 0003 -DWQ, including the identification of any deficiencies in the SSMP and steps to correct them. 10.2 Summary The City conducts internal audits once every two years evaluating its SSMP and its compliance with the requirements of Order No. 2006 - 0003 -DWQ. A report of the audit results is prepared after each audit and is available upon request. The internal audits include, but are not limited to the following: • A review of this SSMP document to ensure compliance with the regulations established in the State Water Resources Control Board's Order No. 2006 - 0003 -DWQ.; • A review of any supporting documents listed in this SSMP; • SSMP implementation efforts over the past two years; • A description of additions and improvements made to the sanitary sewer collections system during the past two years; i A description of additions and improvements planned for the upcoming two years; • A list of deficiencies, if identified, and a plan to correct the identified deficiencies. 1 M „rr i• There are no applicable documents for this section. April 2014 10 -1 55CC -38 of Santa Ana Section 11: SSMP Communication This section of the SSMP presents the City's communication program. 11.1 Requirements for Communication Program Element The City should communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the City as the program is developed and implemented. The City shall also create a plan of communication with systems that are tributary and / or satellite City's sanitary sewer system. 11.2 Summary The Water Resources Manager provides interested parties with status updates on the implementation of the components of the SSMP and also considers comments made by interested parties. Additionally, the City's website (www.ci.santa- ana.ca.us) presents information about on -going efforts, general information, as well as meeting agendas and minutes. The SSMP and supporting documents are planned to be available for review on the City's website, but the SSMP has been uploaded to and made available on the State's CIWQS website. 11.3 Supporting Documents There are no applicable documents for this section. April 2014 11 -1 55CC -39 55CC -40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: ABANDONMENT NO. 14 -01 -S TO SUMMARILY VACATE CUSTER STREET RIGHT -OF -WAY NORTH OF WASHINGTON AVENUE (STRATEGIC PLAN NO. 3,2) CITY IVIANAGgk 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 Iyl1111:81lILgrlq:7 1. Adopt a resolution vacating excess Custer Street right -of -way north of Washington Avenue. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement for the sale of the City's fee interest in the excess right -of -way to Naser Kianfard and Marjan Hariri, Trustees of the 2005 Naser Kianfard and Marjan Harid Revocable Trust dated January 20, 2005, for $2,500.00. DISCUSSION The applicant, Naser Kianfard, is requesting that the City vacate a portion of Custer Street north of Washington Avenue (Exhibit 1). The area proposed to be vacated would be combined with two adjoining parcels owned by the applicant for a residential development. The area proposed to be vacated became remnant public right -of -way as a result of the widening of the Santa Ana Freeway (1 -5) by the State of California ( Caltrans). As part of the widening project, Caltrans improved the terminus of Custer Street with the construction of a cul -de -sac, which created approximately 1,361 square feet of excess street right -of -way. The area serves as parking space and driveway to the applicant's property. This abandonment is being processed as a summary vacation since the excess right -of -way is not required for public street purposes. City staff recommends the action because the excess right -of- way offers no present or prospective use to the City. Utilities, other government agencies, and City departments have been advised of the street vacation. Easements for gas lines and fire hydrant will be reserved over the area being vacated through the resolution. The City of Santa Ana is identified as the fee owner of the land according to the title company retained by the applicant. The sale price is based on a comparative market analysis prepared by a real estate appraiser retained by the applicant. 55DD -1 Abandonment No. 14 -01 -S — Summarily Vacate Custer Street Right -of -way North of Washington Avenue October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project /action is exempt from further review per section 15305. Categorical Exemption No. ER 2014 -091 will be filed for this project/action. FISCAL IMPACT Land sale proceeds in the amount of $2,500 will be received into the General Fund Sale of Land Account (No. 01102002 - 57071). Public Works Agency FM /EWG /AC Exhibits: 1. Location Map 2. Agreement 3. Resolution APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutie rez Executive Director Finance & Management Services Agency 55DD -2 55DD -4 PURCHASE AND SALE AGREEMENT Property Address: Custer Street right of way north of Washington Avenue, Santa Ana, California THIS PURCHASE AND SALE AGREEMENT (the "Agreement ") dated, for identification purposes only, as of 2014, is made and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation ( "Seller "), and NASER KIANFARD AND MARJAN HARIRI, TRUSTEES OF THE 2004 NASER I0ANFARD AND MARJAN HARIRI REVOCABLE TRUST DATED JANUARY 20, 2005 ( "Buyer "), with reference to the following. In consideration of the mutual covenants set forth herein, Buyer and Seller agree as follows: RECITALS A. Seller owns that certain lot of land consisting of approximately 1,361. square feet at the end of the cul -de -sac on Custer Street, north of Washington Avenue, , Santa Ana, California and more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property "); B. The Property is adjacent to the Santa Ana Freeway (I -5) and is being simultaneously vacated by the City Council of the City of Santa Ana along with the sale of the same to Buyer. C. The Property will be combined with two adjoining parcels owned by the Buyer for a residential development. D. Buyer and Seller have agreed to this Purchase and Sale Agreement so that Seller may quit claim any title it may have in the Property to Buyer, 1. A reement to Sell and to Purchase. Subject to the terms and conditions of this Agreement, Seller agrees to sell and Buyer agrees to purchase the Property. 2. Purchase Price. The "Purchase Price" for the Property is TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500.00). 3. Quit Claim Deed. The transfer of the Property shall be by quit claim deed conveyance from Seller to Buyer showing title vested in Buyer. 4. Transfer Costs. Buyer shall pay all recording fees and all fees and costs for any new financing. Buyer shall pay the premium for the title insurance policy, should it seek title insurance. -I- 55DD -5 5. Condition of Property. Buyer acknowledges that Buyer is purchasing the Property with fill Imowledge of its condition and that no representations or warranties of any kind whatsoever, express or implied, have been made by Seller or by Seller's agents. Buyer further agrees to purchase the Property in "AS IS" condition with all faults. 6. As -Is Sale. BUYER ACKNOWLEDGES AND AGREES THAT EXCEPT FOR THE EXPRESS REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER SET FORTH IN THIS AGREEMENT, SELLER HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO; (A) THE NATURE, QUALITY, OR CONDITION OF THE PROPERTY; (B) THE INCOME TO BE DERIVED FROM THE PROPERTY; (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREON; (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, INCLUDING, BUT NOT LIMITED TO, ANY STATE OR FEDERAL ENVIRONMENTAL LAW, RULE OR REGULATION; (E) THE HABITABILITY, MERCHANTABILITY, OR FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE; OR (F) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, SELLER IS CONVEYING THE PROPERTY TO BUYER "AS IS, WHERE IS ", AND WITH ALL FAULTS AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM OR ON BEHALF OF THE SELLER, EXCEPT FOR THE REPRESENTATIONS, _2_ 55DD -6 WARRANTIES AND COVENANTS OF SELLER SET FORTH IN THIS AGREEMENT. 7. Brokers, Buyer represents and warrants to Seller and Seller represents and warrants to Buyer that it has not engaged or employed a broker to whom a commission or finder's fee is payable in connection with this transaction. Buyer and Seller each ( "Indemnitor ") agree to indemnify and hold the other harmless from and against all liability, claims, demands, damages, or costs of any kind arising from or connected with any broker's or finder's fees or commission or charge claimed to be due any person arising from Indemnitor's conduct with respect to this transaction. 8. Assignment. Buyer and Seller agree that this Agreement shall be binding upon their respective heirs, executors, administrators, successors or assigns but is assignable by Buyer only by written consent of the City Manager, which consent the City Manager may withhold in his sole and absolute discretion, 9. Notices. All notices, demands and requests which may be given by either party to the other shall be in writing and shall be deemed to be given upon personal delivery or forty -eight (48) hours after deposit in the United States mail, certified, return receipt requested, postage prepaid, addressed to the party to be notified at their respective headquarters. Either party may designate by written notice to the other party in the manner set forth in this Agreement another address for notice. 10. Miscellaneous Provisions. 10.1 Waiver. The waiver of any provision of this Agreement shall be invalid unless evidenced by a writing signed by the party to be charged therewith. The waiver of, or failure to enforce, any provision of this Agreement shall not be a waiver of any further breach of such provision or of any other provision hereof. The waiver by either or both parties of the time for performing an act shall not be a waiver of the time for performing any other act or acts required hereunder. 10.2 Modifications. No change or addition to this Agreement or any part hereof shall be valid unless in writing and signed by each of the parties, 10.3 Governing Law. This Agreement shall be governed by California law. 10.4 headings. The headings in this Agreement are for convenience only and shall not be used to interpret this Agreement. 10.5 Further Acts. Each party agrees to take such further action and to execute and deliver such further documents as maybe necessary to carry out the purposes of this Agreement. -3- 55DD-7 10.6 No Attorneys' Fees, If either party incurs attorneys' fees to enforce this Agreement or because of a breach of this Agreement by the other party, the prevailing party shall not be entitled to recover attorneys' fees from the other party. 10.7 Time. Time is of the essence with respect to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City A44y I By Ryan O. CITY OF SANTA ANA David Cavazos City Manager BUYER By: _ Name: Title: 55DD -8 SHEET 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF CUSTER STREET PARCEL I: A PORTION OF CUSTER STREET, 40 FEET IN WIDTH, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING SOUTHWESTERLY OF THE RIGHT -OF -WAY OF INTERSTATE HIGHWAY 5 AND NORTHWESTERLY OF THE CUL -DE -SAC OF CUSTER STREET AS SHOWN ON PAGE 5 OF RECORD OF SURVEY 2002 -1059 RECORDED IN BOOK 194 PAGES 28 -36 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION OF CUSTER STREET LYING SOUTH OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTH 50 FEET OF THE WEST 180 FEET IN BLOCK 18 OF THE TOWN OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 50 FEET OF THE WEST 180 FEET OF BLOCK 18 AS PERMAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, THENCE NORTH 50 FEET ALONG THE EAST LINE OF THE NORTH 50 FEET OF THE WEST 180 FEET OF BLOCK 18 TO THE NORTH LINE OF BLOCK 18, THENCE EAST ALONG THE NORTH LINE OF BLOCK 18, 18.79 FEET, TO THE RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY 5 AS SHOWN ON RECORD OF SURVEY 2002.1059 RECORDED IN BOOK 194 PAGES 28 -36 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, THENCE SOUTH 89 021'20" EAST, 3.20 FEET MORE OR LESS, ALONG THE RIGHT -OF- WAY OF INTERSTATE HIGHWAY 5, THENCE SOUTH 57 °56'06" EAST, 21.25 FEET, ALONG THE RIGHT- OF-WAY OF INTERSTATE HIGHWAY 5, THENCE SOUTH, 12.76 FEET, ALONG THE EAST RIGHT -OF- WAY OF CUSTER STREET TO A POINT ON A NON - TANGENT CURVE, SAID CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 09 °07'46" EAST, THENCE SOUTHWESTERLY ALONG SAID CURVE, 43.51 FEET THROUGH A CENTRAL ANGLE OF 55 024'12 ", THENCE SOUTH 18 °36'38" WEST, 0.89 FEET MORE OR LESS, TO THE INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTH 50 FEET OF THE WEST 180 FEET OF BLOCK 18, THENCE WEST, 6.23 FEET MORE OR LESS, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL HAS AN AREA OF 1,304 SQUARE FEET, MORE OR LESS. PARCEL 2: A PORTION OF CUSTER STREET, 40 FEET IN WIDTH, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING SOUTHWESTERLY OF THE RIGHT -OF -WAY OF INTERSTATE :HIGHWAY 5 AND NORTHWESTERLY OF THE CUL -DE -SAC OF CUSTER STREET AS SHOWN ON PAGE 5 OF RECORD OF SURVEY 2002 -1059 RECORDED IN BOOK 194 PAGES 28.36 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION OF CUSTER STREET LYING NORTH OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTH 50 FEET OF THE WEST 180 FEET IN BLOCK 18 OF THE TOWN OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 50 FEET OF THE WEST 180 FEET OF BLOCK 18 AS PER MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, THENCE EAST, 6.23 FEET MORE OR LESS, TO THE INTERSECTION OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTH 50 FEET OF THE WEST 180 FEET OF BLOCK 18 AND THE CUL -DE -SAC OF CUSTER STREET, THENCE SOUTH 18 °36'38" WEST, 19.52 FEET MORE OR LESS, TO THE INTERSECTION OF THE CUL -DE -SAC OF CUSTER STREET AND THE WEST RIGHT -OF -WAY OF CUSTER STREET, THENCE NORTH, 18.50 FEET MORE OR LESS, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL HAS AN AREA OF 57 SQUARE FEET, MORE OR LESS 55DD -9 SHEET 2 OF 2 ATTACHED HERETO AND MADE A PART THEREOF IS A MAP ENTITLED EXHIBIT "B ". THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS SUBORDINATE IN ALL RESPECTS TO THE ABOVE DESCRIPTION. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. CHRISTIAN T. FOSTER L.S. 9001 DATE 55DD -10 a " No. 9001 1 Exp. 9 -?0 -1 SHEET 1 OF 1 LEGEND: �\ AREA TO BE VACATED EXHIBIT "B" \ r - - _N- - - NORTHERLY LINE BLOCK 18 I I = O p Z 0 SOUTHERLY LINE OF THE NORTH 50 FEET OF THE EAR WEST 180 FEET IN BLOCK 18 6.23' i C1 f NORTH 18.50' V) J r o Z EAST 180.00' r I I I I n� J 0 ~ S89'21'20 "E EAST 3.20' SS 225606, LIMITS OF STATE \PARCEL 1\ F RIGHT -OF -WAY AS 1,304 S.F\� SHOWN ON SHEET 5 MORE OR LESS \ \� OF R.S.B. 194/28 -36 LIMITS OF CUSTER ` S1836'38 "W STREET CUL -DE -SAC 0.89' AS SHOWN ON SHEET \ S18'36 38"W 5 OF R.S.B. 194/28 -36, 19.52 I- PARCEL 2 UJ 57 S.F. ' �i W MORE OR LESS LOT 19 // SIMITITS i - -- - - - -- - - W L DT 18 UUBDIV1U1U.i \1 I i\/l .11. LA, U 6 / 15 WASHINGTON 'AVENUE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS SUBORDINATE IN ALL RESPECTS TO THE ATTACHED DESCRIPTION. 55DD -11 No. 9001 Exp. 9 -30 -15 55DD -12 ROH 10/21/144 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO SUMMARILY VACATE A PORTION OF CUSTER STREET RIGHT -OF -WAY NORTH OF WASHINGTON AVENUE (ABANDONMENT NO. 2014 -01 -S) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting that the City vacate a portion of Custer Street north of Washington Avenue (Exhibit 1). Exhibit 1 is attached herewith and incorporated herein by this reference. The area being vacated will be combined with two adjoining parcels owned by the applicant for a residential development. B. The area being vacated became remnant public right -of -way as a result of the widening of the Santa Ana Freeway (1 -5) by the State of California (Caltrans). As part of the widening project, Caltrans improved the terminus of Custer Street with the construction of a cul -de -sac, which created approximately 1,361 square feet of excess street right -of -way. The Area serves as parking space and driveway to the applicant's property. C. This abandonment is being processed as a summary vacation since the excess right -of -way is not required for public street purposes. This abandonment is being processed as a summary vacation since the excess right -of -way is not required for public street purposes. The excess right - of -way offers no present or prospective use to the City. Utilities, other government agencies, and City departments have been advised of the street vacation. Easements for gas lines and a fire hydrant are hereby reserved over the area being vacated through this resolution. The City of Santa Ana is identified as the fee owner of the land according to the title company retained by the applicant. D. The proposed street abandonment, once merged with the adjacent lots, will benefit the project by eliminating the adjacent site's constraints, specifically by providing street frontage to the existing landlocked lot. Resolution No. 2014 - Page 1 of 3 55DD -13 Additionally, the abandonment will eliminate the city's liability over unimproved property. E. The proposed street abandonment is consistent with the general plan. The proposal will provide and maintain a comprehensive circulation system that facilitates the efficient movement of people and goods through the City (Circulation Element Goal 1) and fully coordinates transportation and land use planning activities in the City (Circulation Element Goal 4), as the area to be vacated is excess land and no longer part of the street system. Further, the project is consistent with goals that preserve and improve the character and integrity of neighborhoods (Land Use Element Goal 3), and ensure that impacts of development are mitigated (Land Use Element Goal 5), by improving an area that otherwise would remain unimproved and create a blight condition for the neighborhood. F. Pursuant to the provisions of section 892 of the California Streets and Highway Code, the City Council does hereby find and determine that neither said portion of the street nor any part thereof is useful as non - motorized transportation facilities, as defined in section 887 of said Code. G. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per Section 15305. Categorical Exemption No. 2014 -091 will be filed for this project. Section 2. This Council does hereby order that the unimproved excess right -of- way on Custer Street, north of Washington Avenue, as shown on Exhibit 1 attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated. A. Pursuant to section 8340 of the Califomia Streets and Highways Code, the City Council reserves and excepts from the above vacation an easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures, and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone line, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the area of Custer Street hereby vacated. Moreover, if there are any in -place public utility facilities that are in use, the City Council reserves and excepts from the above vacation an easement and right necessary to maintain, operate, replace, remove or renew the public utility facilities. Resolution No. 2014 - Page 2 of 3 55DD -14 Section 3. Said portions of the street shall not be deemed vacated until this resolution is recorded. Section 4. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County. ADOPTED this _ day of 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- 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 55DD -15 Resolution No. 2014 - Page 3 of 3 55DD -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: RESOLUTION SUPPORTING CALIFORNIA PROPOSITION 1 (STRATEGIC PLAN NO. 5, 2; AND 5, 6) CITY MANA@gR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: /19U &ZL ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a formal position in support of California Proposition 1 to enact the Water Quality, Supply, and Infrastructure Improvement Act of 2014 on the November ballot. DISCUSSION California Proposition 1 (Proposition 1) will be on the November 4, 2014, ballot as a legislatively referred bond act. Upon voter approval, this measure will enact the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Act). This $7.5 billion general obligation bond measure is supported by a broad coalition of water, business, conservation, labor, and agriculture organizations. The Act would provide funding for new surface and groundwater storage projects; regional water reliability; sustainable groundwater management and cleanup; water recycling; water conservation; water infrastructure improvement projects; watershed protection; and, safe drinking water, particularly for disadvantaged communities. Proposition 1 is the product of more than five years of discussion and negotiations among state lawmakers, stakeholders, and others. The measure was approved by the Legislature and signed by Governor Jerry Brown on August 13, 2014. It is a fiscally responsible step toward meeting overall water needs for the state. It secures California's water future by keeping family farms and businesses productive; and stimulates the economy through the construction of new facilities needed to store, deliver, and treat water. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability); and Objective #6 (focus projects and programs on improving the health and wellness of all residents). 55EE -1 Resolution Supporting Proposition 1 October 21, 2014 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Freb Mous vipour Executive Director Public Works Agency FM /NS Exhibits: 1. Resolution 55EE -2 XXX xXIXX/2014 RESOLUTION NO.2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING PROPOSITION 1 THE WATER QUALITY, SUPPLY AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014 WHEREAS, California is in a severe, multi -year drought and faces a growing list of challenges associated with aging infrastructure, climate changes, population growth and other factors; and WHEREAS, water managers and top leaders including Governor Jerry Brown agree that we need a comprehensive, statewide water plan to create a more resilient water system and meet the coequal goals of improved water supply reliability and ecosystem health; and WHEREAS, the Legislature has approved and Governor Brown has signed the Water Quality, Supply and Infrastructure Improvement Act of 2014, which will appear as Proposition 1 on the November 4 ballot and provide much - needed funding to advance a statewide comprehensive water plan to secure our water future; and WHEREAS, if approved by voters, the measure would provide $7.545 billion in bond funding for new surface and groundwater storage, regional water reliability, sustainable groundwater management and cleanup, water recycling, water conservation, watershed protection and safe drinking water, particularly for disadvantaged communities, and other programs the Metropolitan Water District of Southern California, the Orange County Water District and the City of Santa Ana have long advocated as part of a statewide comprehensive plan; and NOW, THEREFORE, the City Council of the City of Santa Ana formally supports the Proposition 1, the Water Quality, Supply and Infrastructure Improvement Act of 2014 on the November Ballot. ADOPTED this day of 2014. Miguel A. Pulido Mayor Resolution No. 2014 -xxx Page 1 of 2 55EE -3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney m Kyle C. Nelleson, Deputy City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55EE -4 Maria D. Huizar, Clerk of the Council Resolution No. 2014 -xxx Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT — INTENT TO LEVY ASSESSMENT FOR 2015 {STRATEGIC PLAN NO. 3, 4F} CITY MANAGEBQ CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1'' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve the 2015 Assessment Report for the Downtown Santa Ana Business Improvement District (BID), which is administered by two organizations: the Santa Ana Business Council and Downtown Incorporated. 2. Adopt a resolution of intention to levy an annual business license tax assessment for the 2015 calendar year and establish a time and place for a public hearing to be held by the City Council on November 18, 2014 to hear and consider all protests. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on October 8, 2014, by a vote 4 -0 (Sandoval and Verino absent), the Community Redevelopment and Housing Commission: 1) found that the 2015 Downtown Santa Ana Business Assessment Report complies with the California Streets and Highways Code §36533; and 2) recommended that the Executive Director of the Community Development Agency file the 2015 Downtown Santa Ana Business Improvement District Assessment Report with the Clerk of the Council for City Council approval or modification. DISCUSSION The 2015 Assessment Report contains the basis and method of levying the assessment, estimated activities and budgets from the two business associations: the Santa Ana Business Council and Downtown Inc., 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 November 18, 2014. 55FF -1 Downtown Santa Ana Business Improvement District Intent to Levy Assessment for 2015 October 21, 2014 Page 2 Terms The City Council activated the current BID on July 1, 2013. To administer the activities of the BID, the City executed operating agreements with Downtown Inc. and the Santa Ana Business Council. These agreements contain provisions to ensure proper administration and distribution of funds; provisions are included for items such as the annual budget, financial record keeping, fund distribution, and board composition and meeting requirements. The terms of these Operating Agreements commenced on September 17, 2013 and terminate on September 17, 2016, unless terminated sooner due to any violations of the provisions in the agreements, or if the BID is not approved in any given year. The Agreements are renewed automatically in one year renewal terms, unless either party gives at least two months' notice of termination. Each organization receives roughly $100,000 (collected from the business license tax fee) per calendar year (January through December) and may carry over unspent funds into the next year. Downtown Inc. has (as of September 15, 2014) approximately $113,000 and estimates it will spend $53,000 between now and December and will thus carry over $60,000. The Santa Ana Business Council has (as of September 15, 2014) approximately $144,000 and estimates that it will spend $44,000 between now and December and will thus carry over $100,000. If the BID is successfully renewed, each organization will receive an additional allocation of roughly $100,000 each in January 2015. BID 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 create promotional materials, increase the security presence, enhance maintenance of the downtown shopping corridors, and implement streetscape 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). 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. The City Council activated the current BID on July 1, 2013 and approved the operating agreements for the two associations administering the BID on September 17, 2013. 55FF -2 Downtown Santa Ana Business Improvement District Intent to Levy Assessment for 2015 October 21, 2014 Page 3 shopping, dining, and entertainment destination), Strategy F (Partner with downtown business and merchant associations to program events that showcase restaurants, shopping and entertainment venues). FISCAL IMPACT There is no direct fiscal impact associated with this action. The City collects the BID revenue from businesses within the BID boundary and distributes funding to each organization, in accordance with approved operating agreements. KellyV�Rn—s Executive Director Community Development Agency 212 Exhibit: 1. Assessment Report 2. Resolution 55FF -3 55FF -4 Exhibit 1 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2015 ASSESSMENT REPORT Backaround 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 600 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). 2015 Budaet Plan Based on the feedback from the two Associations, Downtown Inc. and the Santa Ana Business Council Inc., the 2015 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 2015 BID are estimated at $200,000 to be split evenly by Downtown Inc, and the Santa Ana Business Council —the two business groups that have spearheaded this BID process. Both associations will have carryover funding from the previous year, which is estimated to be approximately $60,000 for Downtown, Inc, and approximately $100,000 for the Santa 55FF -5 Ana Business Council. This carryover has been incorporated into a reserve fund for their 2015 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 Art Walk (12x) OC Pride Patchwork (2x) Savor Santa Ana Business Council Valentine's Day Plaza Primavera 5 de Mayo Dia de las Madres Parade /Fiestas OC Film Fiesta Dia de los Muertos Danzantes del Sol Plaza Navidena Art Walk Other programming for the associations will include ongoing social media marketing, funding for the Downtown Restaurant Association, holiday promotions, website development and maintenance, and purchase of streetscape amenities such as benches along the Wellness Corridor. 55FF -6 �V I a, �o rn LA 3 O 3 rD r 0 a F-111 i f_ C e 3: I J, 14 L; r_ 1 BUSINESS IMPROVEMENT DISTRICT BOUNDARY FLOWER ST. ti � ❑ ❑ it a a D 2 Z D 4 � m � ❑ G n N � O a BIRCH ST. i L;4 BROAD WAY ❑p ..T.❑. ya C �� SYCAMORE ST. SYCAMORE ST. ❑ -0 ❑ MAIN ST. 7 ❑ ❑ 1-1 F-1 El ❑ BUSH ST. F-1 El El ❑ F-1 55FF -7 1 101 D � D D a a FRENCH ST. d� ATTACHMENT B 2015 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. 55FF -8 ATTACHMENT C DOWNTOWN BUSINESS IMPROVEMENT DISTRICT PROPOSED BUDGETS SUMMARY 2015 OPERATING FUND REVENUE 2015 BID Assessments — Projected $200,000 Prior Year Carry Forward $160,000 Total Revenue $360,000 Downtown Inc. ADMINISTRATION Overhead (Office Supplies, Insurance, Professional Services) ri i1AZI 4 l►lr Sound Downtown $10,000 Artwalks (12x) $15,000 OC Pride $5,000 Patchwork (2x) $10,000 Savor $10,000 Events Total Advertising (Print/Online) OTHER PROGRAMMING Restaurant Association $5,000 Artist Retention Program $5,000 Misc. $5,000 Other Total 2014 CARRYOVER TOTAL 55FF -9 $10,000 $50,000 $25,000 $15,000 $60,000 $160,000 Santa Ana Business Council ADMINISTRATION Overhead (Office Supplies, Insurance, Professional Services) MARKETING Serenade on the Streets Special Event Sponsorship Valentine's Day Plaza Primavera 5 de Mayo Die de /as Madres Parade /Fiestas OC Film Fiesta Dia de los Muertos Danzantes del Sol Plaza Navidena Art Walk Event Sponsorship Total Web, Social Media, Advertising, & Promotional Materials OTHER PROGRAMMING Streetscape Improvements 2014 CARRYOVER 2016 RESERVE (Projected) TOTAL 55FF -10 $10,000 $60,000 $10,000 $60,000 $10,000 $100,000 $50,000 $200,000 (jxs 10- 14 -14). RESOLUTION NO. 2014- 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 2015 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. 2014 -XXX Page 1 of 4 55FF -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 2015, the boundaries of the area, and the proposed assessments to be levied upon the businesses within the area for the year 2015. 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 November 18, 2014 at 5:45 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 2015 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 2014. Resolution No. 2013 -XXX Page 2 of 4 Miguel A. Pulido Mayor 55FF -12 (jxs 10- 14 -14) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -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 November, 2014. Resolution No. 2014 -XXX Page 3 of 4 55FF -13 C11 L�Iy/ l70 3 3 p� (V O . ATTACHMENT A BUSINESS IMPROVEMENT DISTRICT BOUNDARY It FLOWER ST. z �! y ❑ ❑ Y O BIRCH ST. ❑S s F-10F y F-1 SYCAMORE ST. F-1 y ❑ ❑ MAIN ST. El D 7 F1 8U5H ST. ❑ F-1 F-1 ❑ SPURGEON F F-1 El Resolution No. 2013 -XXX Page 4 of 4 55FF -14 �r 0 i5 ST. n 0 ❑ �❑ SYCAMORE❑ ST. ❑ ❑ ❑ F-1 ❑ [:1 ❑ ST. bra tx REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: RESOLUTION MAKING FINDINGS RELATED TO APPROVAL OF THE SECOND AMENDMENT TO ORANGE COUNTY FIRE AUTHORITY (OCFA) JOINT POWERS AUTHORITY AGREEMENT - (STRATEGIC PLAN NO. 6, 1 B) ITY M GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _ 006 _ t: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution on the recommendation to make findings related to the approval of the Second Amendment to the Orange County Fire Authority (OCFA) Joint Powers Authority Agreement. In March 2012, in response to concerns raised by the City of Irvine, the OCFA Board of Directors took action to form an Ad Hoc Committee for the purpose of studying equity. For OCFA, the equity issue refers to the extent to which the revenue received from a member agency bears a reasonable relationship to the cost of services that a member receives. Following 18 months of deliberations, an amendment to the Joint Powers Authority was prepared and approved by 20 of OCFA's 24 member agencies. Three member cities rejected the Amendment, and one member agency (County of Orange) did not consider approval of the Amendment. To become effective, the Amendment was only required to be approved by 2/3 (16) of OCFA's individual member agencies, which was achieved on November 18, 2013. The City Council approved the Second Amendment to the Amended Orange County Fire Authority Joint Powers Agreement on November 18, 2013 and was executed on February 10, 2014. The OCFA Board of Directors authorized their General Counsel to commence a validation action in the Orange County Superior Court to obtain a judicial declaration of the validity of the "Second Amendment to the Amended JPA" once the amendment had been approved by 2/3 of OCFA's member agencies. Per that authorization, the OCFA and the City of Irvine jointly filed a Petition seeking validation of the Second Amendment on December 19, 2013. On January 28, 2014, the Orange County Board of Supervisors voted 4 -to -1, with Supervisor Spitzer opposed, to file a formal response in opposition to the validation action. After hearing the 55GG -1 Resolution Making Findings related to OCFA Second Amendment to JPA Agreement October 21, 2014 Page 2 matter, the trial court ruled on August 4, 2014 that the Second Amendment is invalid. Subsequent to this ruling, both the Irvine City Council and the OCFA Board of Directors approved filing an appeal in the validation action. OCFA's Special Litigation Counsel for this matter has drafted the attached Resolution for consideration and approval by OCFA's member agencies. The City Attorney's Office has reviewed the resolution. The Resolution requests each city to make findings related to approval of the Second Amendment. If approved by OCFA's member agencies, Special Counsel will submit the approved Resolutions to the Court of Appeal. The proposed Resolution includes multiple recitals (WHEREAS clauses) explaining why cities voted to approve the Second Amendment last year. By adopting the resolution, the cities would resolve that the recitals are true and correct, and that they are adopted as findings representing the City Council's intent in approving the Second Amendment. When cities approved the Second Amendment last year, they were not required or requested to adopt any resolutions explaining why they were doing so; however now that the trial court has invalidated the Second Amendment, the adoption of a resolution explaining why the cities approved the Second Amendment could be helpful to OCFA's appeal. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #5, Provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana. FISCAL IMPACT There is no fiscal impact by this action. 55GG -2 LAR 10/21/14 ° RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE SANTA ANA CITY COUNCIL MAKING FINDINGS RELATED TO THE CITY'S PRIOR APPROVAL OF THE SECOND AMENDMENT TO THE AMENDED ORANGE COUNTY FIRE AUTHORITY'S JOINT POWERS AUTHORITY AGREEMENT WHEREAS, the Orange County Fire Authority ( "OCFA ") was formed in 1995 to provide regional fire protection and related services in the County of Orange and eighteen (18) member cities; and WHEREAS, five additional cities, including the City of Santa Ana, have become members of the OCFA, since its original formation; and WHEREAS, the original Joint Powers Authority ( "JPA ") Agreement was amended on September 23, 1999, and thereafter renewed in 2010 by the First Amendment to the Amended JPA Agreement; and WHEREAS, under the Amended JPA Agreement, OCFA member agencies pay for fire services under one of the following two pay structures: (1) the Structural Fire Fund, or (2) cash contracts; and WHEREAS, if a member is a Structural Fire Fund jurisdiction, the County of Orange collects property taxes in the member agency's jurisdiction, a portion of which is paid to OFCA for fire services; and WHEREAS, if a member agency is a Cash Contract City, the member agency makes service payments directly to OCFA from the member agency's general fund pursuant to the terms of a contract entered into by the OCFA and the member agency; and WHEREAS, the OCFA and certain member agencies were concerned that these payment structures created inequity among the member agencies; and WHEREAS, in light of this perceived inequity, some member agencies expressed concern that they may need to withdraw from membership in OCFA in 2020, as allowed by the amended JPA Agreement; and Resolution No. 2014 -XXX Page 1 of 3 55GG -3 WHEREAS, to assure long -term stability of the OCFA and allow OCFA to continue to provide cost effective fire protection services for the various member agencies, the OCFA proposed a new Enhanced Hybrid Model payment structure; and WHEREAS, on November 18, 2013, the Santa Ana City Council approved the Second Amendment to the Amended OCFA JPA Agreement to allow for the Enhanced Hybrid Model payment structure (Attached as Exhibit "A" and incorporated herein by reference); and WHEREAS, the City of Santa Ana is committed to participating in regional efforts to provide cost - effective and adequate fire protection services; and WHEREAS, the City of Santa Ana now wishes to affirm its intent in approving the Second Amendment to the Amended OCFA JPA Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The recitals above and true and correct and are incorporated into this Resolution by reference as findings representing the Santa Ana City Council's intent in approving the Second Amendment to the Amended OCFA JPA Agreement on November 18, 2013. Section 2. 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 October, 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura A. Rossini Senior Assistant City Attorney Resolution No. 2014 -XXX Page 2 of 2 Miguel A. Pulido Mayor 55GG -4 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 Resolution No. 2014 -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 55GG -5 Resolution No. 2014 -XXX Page 3 of 3 55GG -6 SECOND AMENDMENT TO AMENDED ORANGE COUNTY FIRE AUTHORITY JOINT POWERS AGREEMENT This Second Amendment ( "Second Amendment") to the Amended Joint Powers Authority Agreement is made and entered into by and between the following public entities (collectively referred to as "members "): Aliso Viejo, Buena Park, Cypress, Dana Point, Irvine, La Palma, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (collectively referred to as "Cities" and individually as "City ") and the County of Orange (referred to as the "County"), each of whom is a member of the Joint Powers Authority, Orange County Fire Authority ( "the Authority "). This Second Amendment requires the approval of two thirds of the members to go into effect, and it shall be effective when executed by a sixteenth member; provided that if a sixteenth member has not executed this Second Amendment by June 30, 2014, then it shall be void and shall not go into effect. RECITALS WHEREAS, the Authority presently provides fire protection, prevention and suppression services and related and incidental services (collectively, "Fire Services ") to Cities as well as to the unincorporated area of the County and State Responsibility Areas ( "SRA "); and WHEREAS, the County and several of the Cities entered into a Joint Powers Authority Agreement to form the Authority as of February 3, 1995 pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I (commencing with Section 6500) of the Government Code of the State of California ( "Joint Powers Statutes "); and 955601.1 1 55GG -7 WHEREAS, pursuant to the Joint Powers Statutes the members are authorized to jointly provide for the methods of the provision of Fire Services, including the method of financing the provision of Fire Services; and WHEREAS, on September 23, 1999, the members entered into an amended Joint Powers Authority Agreement ( "1999 Amended Agreement ") which superseded all prior agreements between the members and is incorporated herein by reference; and WHEREAS, pursuant to the 1999 Amended Agreement the members provided for the provision of Fire Services and the joint financing of Fire Services; and WHEREAS, on July 1, 2010, the members entered into the First Amendment to the Amended Joint Powers Agreement ( "First Amendment") which amended several provisions of the 1999 Amended Agreement; and WHEREAS, on April 20, 2012, the City of Santa Ana joined the Authority and became a party to the 1999 Amended Agreement and the First Amendment; and WHEREAS, the members wish to amend the 1999 Amended Agreement and the First Amendment as set forth below to modify their joint financing of the Fire Services to promote financing equity among the members, to preserve the existing membership, to better assure future revenues that will continue to support the provision of high quality of Fire Services throughout the Authority's service area, and retain all other unamended terns of the 1999 Amended Agreement and First Amendment. NOW THEREFORE, the members agree to amend the 1999 Amended Agreement and First Amendment as follows: 955601.1 2 55GG -8 AGREEMENT 1. Article IV, Section 3, Subdivision A shall be amended to read as follows: A. Structural Fire Fund: Cash Contract Cities. County receives Structural Fire Fund property taxes ( "SFF ") from the unincorporated area and from properties located within the following member Cities: Irvine, Dana Point, Laguna Hills, Laguna Woods, Laguna Niguel, La Palma, Mission Viejo, San Juan Capistrano, Villa Park, Yorba Linda, Cypress, Los Alamitos, Lake Forest, Rancho Santa Margarita, and Aliso Viejo. These cities and the County together make up the "SFF Jurisdictions." On behalf of the cities from which the County receives SFF, and the unincorporated area, County shall pay, all SFF it receives to the Authority to meet budget expenses and fund reserves in accordance with the County's normal tax apportionment procedures pursuant to the California Revenue and Taxation Code and the County's tax apportionment schedules. The member Cities which the County does not receive SFF are Santa Ana, Stanton, Tustin, Buena Park, Placentia, Westminster, Seal Beach, and San Clemente (collectively, "Cash Contract Cities "). 2. Article IV, Section 4 shall be deleted in its entirety and replaced with the following new Section 4: 4. Equity. The following calculations and actions shall be performed by the Authority each fiscal year: A. Over - Funded Structural Fire Fund (SFF) Jurisdictions. (1) The total estimated property tax revenue levied and allocated to the Authority, prior to accounting for delinquencies, and including secured, unsecured, nonoperating utility (SBE), and homeowner's exemptions shall be determined ( "Total SFF Revenue Figure "). For the FY 2012/13 this amount was stated as $179,768,901.52 in the Auditor - Controller Report titled 955601.1 3 55GG -9 955601.1 'AT68AD -73 Orange County Auditor Controller Accumulation of Combined Prior Year Levy and Current Year ATI" as the "Total SFF Revenue Figure." (2) The total Assessed Value, net of successor agency former project area Incremental value, for all SFF jurisdictions shall be determined (the "Total AV Figure "). For the FY 2012/13 this amount was stated as $155,506,390,761 in the Auditor- Controller report titled 'AT04VC -74 Orange County Auditor Controller District Values Used to Set Tax Rates" and was identified as the "Total L &I (Land and Improvements), Total Secured and Unsecured Value for the Orange County Fire Authority Total Jurisdiction." (3) The Total AV Figure shall be multiplied by 1% (the basic levy tax rate) to determine the total value of the 1% basic levy for all SFF Jurisdictions for the fiscal year (the "SFF Basic Levy Figure "). For reference, in FY 2012113, this calculated figure was $1,555,063,907.61. (4) The Total SFF Revenue Figure shall be divided by the SFF Basic Levy Figure for the same fiscal year and expressed as a percentage. The resulting percentage shall be referred to as the "Average SFF Rate" for the fiscal year. For reference, in FY 2012/13 the Average SFF Rate was 11.56 %. The 2012 /13 calculation is as follows: $ 179 ,768,901.521$1,555,063,907.61 = 0.115602 (5) A "Jurisdictional SFF Rate" shall be determined for each SFF Jurisdiction as follows: a. The total property tax revenue allocated from all tax rate areas In the SFF Jurisdiction to the Authority, prior to accounting for delinquencies, and including secured, unsecured, utility (SBE), and homeowner's exemptions, but excluding revenue on successor 4 55GG -10 955601.1 agency incremental value in tax rate areas assigned to former redevelopment agencies, shall be determined ( "Jurisdictional SFF Revenue Figure "). By way of example, for FY 2012/13 this determination would be made by (1) taking, for each tax rate area in the SFF Jurisdiction, the total assessed value of the tax rate area as reported in the Auditor Controller TRA Summary Detail Reports for the secured, unsecured, SBE, and homeowner's exemptions, (2) multiplying the total assessed value by 1 %, and (3) multiplying the product by the Authority's share of the general levy tax rate in the tax rate area as stated in the "Auditor Controller Report AT68AH71 Section 99 Factor Report by TRA," which would yield property tax revenue allocated from that tax rate area to the Authority. This calculation would be made for all tax rate areas within the SFF Jurisdiction, and the results would be added together to yield the Jurisdictional SFF Revenue Figure. b. The total Assessed Value, net of successor agency former project area incremental value (AV), for the SFF Jurisdiction shall be determined (the "Jurisdictional AV Figure"). c. The Jurisdictional AV Figure shall be multiplied by 1 % to determine the total value of the 1% basic levy of the SFF Jurisdiction for the fiscal year (the "Jurisdictional Basic Levy Figure "). d. The Jurisdictional SFF Revenue Figure shall be divided by the Jurisdictional Basic Levy Figure for the 61 55GG -11 955601.1 same fiscal year and expressed as a percentage. The resulting percentage shall be referred to as the "Jurisdictional SFF Rate" for the fiscal year. (6) For those SFF Jurisdictions whose Jurisdictional SFF Rate is greater than the Average SFF Rate ( "the Over - Funded SFF Jurisdictions "), a Jurisdictional Equity Adjustment Payment ( "JEAP ") shall be calculated using the data sources cited above and the following formula: (Jurisdictional SFF Rate x Jurisdictional AV Figure x 0.01) — (Average SFF Rate x Jurisdictional AV Figure x 0.01) (7) The JEAPs calculated in subdivision (6) shall be paid by the Authority in two equal payments in December and April each fiscal year, provided that the Authority has received its distribution of property tax revenues in or before such months. (8) The JEAP payments in subdivision (6) shall be made according to the following phase -in schedule: Fiscal Year Irvine Other Jurisdictions FY 2013/14 100% 0% FY 2014/15 100% (a) 25% FY 2015/16 100% (b) 50% FY 2016/17 100% 75% FY 2017/18 and thereafter 100% 100% a. The timing of payment for FY 2014/15 will be dependent on the Authority's Adopted Budget. If the General Fund is balanced in the Adopted Budget (Operating Revenues are equal to, or greater than, operating expenses), then 100% of the calculated JEAP will be paid to the City of Irvine as identified by the above schedule. (For purposes of this Agreement "Operating Revenues" includes Unrestricted General Fund Revenues and SFF revenues. If the General Fund is not 0 55GG -12 balanced, as defined above, then 25% of the calculated JEAP will be paid to the City of Irvine in FY 2014115, and the remaining 75% will be paid to the City of Irvine no later than FY 2016/17. This delayed payment, if any, will be paid in addition to calculated JEAPs due and payable in the subsequent fiscal year(s) and shall not include interest. b. The timing of payment for FY 2015/16 will be dependent on the Authority's Adopted Budget. If the General Fund is balanced in the Adopted Budget (operating revenues are equal to, or greater than, operating expenses), then 100% of the calculated JEAP will be paid to the City of Irvine as Identified by the above schedule. If the General Fund is not balanced, as defined above, then 50% of the calculated JEAP will be paid to the City of Irvine in FY 2015/16, and the remaining 50% will be paid to the City no later than FY 2017118. This delayed payment, if any, will be paid in addition to calculated JEAPs due and payable in the subsequent fiscal year(s) and shall not include any interest. (9) Neither Cash Contract Cities nor SFF jurisdictions that are not determined to be Over- Funded SFF Jurisdictions by these calculations shall receive any JEAP, nor will they be required to make additional payments to the Authority due to these calculations. Annual service charges for Cash Contract Cities shall not be increased as a result of the JEAPs paid pursuant to this Section 4. B. Additional Equity Adjustment for SFF Revenue from the City of Irvine. The following calculations and actions shall be performed by the Authority each fiscal year: (1) Beginning with Fiscal Year 2013114, the City of Irvine shall receive an additional JEAP equal to the amount, If any, that the 455601.! 7 55GG -13 955601.t Jurisdictional SFF Revenue Figure for the City of Irvine, net of the JEAP payment calculated in Section 4.A(6), exceeds that year's corresponding annual Not -To- Exceed amount ( "NTE ") as set forth in Section 4.13(2) below. (2) The NTE for Fiscal Year 2013/14 shall be the amount of base SFF revenue that the Authority received from properties located within the City of Irvine jurisdiction in the Fiscal Year 2012/13, which was $59,635,863, plus 3.5 %. The NTE shall increase each fiscal year by 3.5 %. The NTE for each fiscal year from 2013114 to 2029/30 for the City of Irvine is therefore as follows: FY 2013114 SFF Revenue NTE: FY 2014/15 SFF Revenue NTE: FY 2015/16 SFF Revenue NTE: FY 2016/17 SFF Revenue NTE: FY 2017118 SFF Revenue NTE: FY 2018119 SFF Revenue NTE: FY 2019120 SFF Revenue NTE: FY 2020/21 SFF Revenue NTE: FY 2021122 SFF Revenue NTE: FY 2022/23 SFF Revenue NTE: FY 2023124 SFF Revenue NTE: FY 2024/25 SFF Revenue NTE: FY 2025/26 SFF Revenue NTE: FY 2026127 SFF Revenue NTE: FY 2027/28 SFF Revenue NTE: FY 2028/29 SFF Revenue NTE: FY 2029/30 SFF Revenue NTE: $59,635,863 X 1.035 = $61,723,118 $61,723,118 X 1.035 = $63,883,427 $63,883,427 X 1.035 = $66,119,347 $66,110,347 X 1.035 = $68,433,524 $68,433,524 X 1.035 = $70,828,697 $70,828,697 X 1.035 = $73,307,701 $73,307,701 X 1.035 = $75,873,471 $75,873,471 X 1.035 = $78,529,042 $78,529,042 X 1.035 = $81,277,558 $81,277,558 X 1.035 = $84,122,273 $84,122,273 X 1.035 = $87,066,553 $87,066,553 X 1.035 = $90,113,882 $90,113,882 X 1.035 = $93,267,868 $93,267,868 X 1.035 = $96,532,243 $96,532,243 X 1.035 = $99,910,872 $99,910,872 X 1.035 = $103,407,753 $103,407,753 X 1.035 - $107,027,024 (3) In any fiscal year in which the Jurisdictional SFF Revenue Figure for the City of Irvine, net of the JEAP calculated in Section 4.A(6), is greater than the NTE provided in Section 4.B.(2), the excess revenue shall be paid to the City of Irvine as an additional JEAP. 0 55GG -14 955601.1 (4) Payment of this additional JEAP shall be made by the Authority to the City of Irvine in two equal payments in December and April of each fiscal year, provided that the Authority has received its distribution of the SFF in such months. (5) Neither Cash Contract Cities nor SFF jurisdictions other than Irvine shall receive any additional JEAP as described in this Section 4.B., nor will they be required to make additional payments to the Authority due to these calculations or payments. Annual service charges for Cash Contract Cities shall not be increased as a result of the JEAPs or additional JEAPs paid pursuant to this Section 4. C. Sources of JEAP Funds; Remedies; Amendment. (1) Payments of JEAPs shall be made to the Over- Funded SFF jurisdictions from unrestricted revenues of the Authority (the "Unrestricted OCFA General Fund Revenues ") provided that the use of said Unrestricted OCFA General Fund Revenues is not prohibited by any Federal or State law or regulation nor would the use violate the terms or restrictions contained in any grant or other agreement restricting the use of the designated revenue sources. For purposes of clarity, JEAPs shall be paid from the annual service charges paid by the Cash Contract Cities as well as from other non- property tax sources of unrestricted funds. SFF are restricted funds and shall not be used to pay JEAPs. No Cash Contract City annual service charges shall be increased to pay JEAPs. (2) If a legal challenge Is brought challenging this Second Amendment, the JEAPs shall continue to be calculated as provided in this Second Amendment. The Authority shall open a separate account into which the JEAPs shall be deposited, which shall bear interest at the same rate as the Authority's other authorized investments. The Authority shall provide an iJ 55GG -15 955601.1 accounting to the Over - Funded SFF Jurisdictions upon each JEAP deposit. The JEAPs so deposited into this account shall remain there until the resolution of the legal challenge. If this Second Amendment remains valid after the resolution of such legal challenge, all of the funds accumulated in such account shall be paid, With accrued interest, to the Over - Funded SFF Jurisdiction(s) and the Authority shall provide an accounting therefore. (3) The City of Irvine may, notwithstanding Article VII, Section 1 of the 1999 Amended Agreement as amended by the First Amendment and this Second Amendment, withdraw from the Authority by transmitting written notice of its withdrawal to the Clerk of the Authority. Such notice shall provide at least two years' notice of the withdrawal, but the notice period may be more than two years, at the City of Irvine's discretion. The withdrawal shall be effective upon the expiration of the notice period in the notice of withdrawal, although in no case may the City of Irvine withdraw before June 30, 2020. This withdrawal provision applies to the following situations only: (1) a final judgment is entered declaring this Second Amendment to be void or otherwise affects a material term of this Second Amendment and the time in which to appeal such final judgment has passed; (2) the members approve any modification to this Second Amendment which the City of Irvine does not vote to approve; (3) there is a change in state legislation which prevents or reduces the payment of JEAPs to the City of Irvine as prescribed by this Second Amendment; or (4) the Authority materially breaches this Second Amendment. This provision shall not be interpreted to limit the remedies otherwise available to the City of Irvine if the Authority otherwise falls to make payment of the JEAPs when it is authorized to do so under this Second Amendment. (4) This Second Amendment can only be amended if approved by two- thirds of the members of the Authority. 10 55GG -16 3. Article Vll, Sections I.A. and B. are deleted In their entirety and replaced with the to/lowing: A. Term. Cities shall be members of the Authority for a 20 -year term commencing July 1, 2010. For Structural Fire Fund cities, the initial 20 -year term shall begin on July 1, 2010 and end on June 30, 2030. For a Cash Contract City, the first 20- year term shall begin on July 1, 2010, only upon the consent of such City. Cash contract Cities that do not give such approval by June 30, 2010 shall give notice of withdrawal to the Clerk of the Authority by June 30, 2010, to be effective July 1, 2010. Failure to provide such notice shall be deemed that City's consent to a 20 -year term, beginning July 1, 2010 subject to the ability to withdraw after the first ten years as set forth in Section B. below. B. Subseouent Terms. Twenty -year membership terms shall automatically renew, on the same terms and conditions as the prior term, and with the same cap in effect in the last year of the prior term, except under the following circumstances: (1) Any City may give notice of withdrawal by transmitting written notice of such withdrawal to the Clerk of the Authority prior to July 1 of the second to last year of every ten -year interval of a twenty -year term (e.g., for the first ten -year Interval, notice must be given by July 1, 2018 to withdraw by June 30, 2020). (2) Notwithstanding the preceding subsection (B)(1), in exchange for the JEAPs described in Article IV, Section 4, the City of Irvine shall not have the option to withdraw in 2020, except as provided in Article IV, Section 4(C)(3), or If the number of withdrawing Cash Contract Cities in 2020 reduces the unrestricted general fund revenues of the Authority to the point that the JEAPs can no longer be made. In the event that the number of withdrawing Cash Contract Cities in 2020 reduces the unrestricted general fund revenues of the Authority to the point that the JEAPs can no longer be made, the City of Irvine will be notified In writing by the Authority of this 955601.1 11 55GG -17 condition as soon after July 1, 2018 as practicable, and in no event later than January 1, 2019. In that event, the City of Irvine will be able to withdraw in 2020 by providing written notice of such withdrawal no later than July 1, 2019. For purposes of clarity, the City of Irvine shall have the option to withdraw in 2030 and every ten years thereafter by complying with the notice provisions in subsection (13)(1) above. 4. This Second Amendment amends, as set forth herein, the 1999 Amended Agreement and the First Amendment and except as specifically amended herein, the 1999 Amended Agreement and the First Amendment shall remain in full force and effect. To the extent there is any conflict between this Second Amendment and the 1999 Amended Agreement and First Amendment, the terms and conditions contained in this Second Amendment shall control. 955601.1 12 55GG -18 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Susan Novak Clerk of the Board of Supervisors County of Orange, California NOTICE TO COUNTY OF ORANGE TO BE GIVEN TO: Michael B. Giancola County Executive Officer 10 Civic Center Plaza Santa Ana, CA 92701 APPROVED AS TO FORM: Nicholas S. Chdsos County Counsel Dated: COUNTY OF ORANGE, a political subdivision of the State of California By: Shawn Nelson Chairman of its Board of Supervisors [Signatures Continued on Page 141 The County of Orange has not approved the Second Amendment to the Amended Joint Powers Authority Agreement. Dated: April 9, 2014 955601.1 13 55GG -19 Dated: ATTEST: Susan A. Ramos City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Aliso Viejo 12 Journey, Suite 100 Aliso Viejo, CA 92656 -5335 Phone: (949) 425 -2500 Fax: (949) 425 -3899 APPROVED AS TO FORM: Best Best & Krieger LLP By: Scott C. Smith, City Attorney CITY OF ALISO VIEJO John Whitman Interim City Manager [Signatures Continued on Page 15] The above reference agency rejected the Second Amendment to the Orange County Fire Authority Joint Powers Agreement. 955601.1 14 1 1 55GG -20 CITY OF BUENA PARK A ATTEST: NOTICE TO CITY TO BE GIVEN TO: City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA 90620 Phone: (714) 562 -3500 Fax: (714) 562 -3599 APPROVED AS TO FORM: Richards Watson & Gershon By: Steve Dorsey V City Attorney [Signatures Continued on Page 16] 455601.1 15 55GG -21 Dated: 1 I) I a-s 115 r_ 'l Itr::&% 6 Denise Basham City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Cypress 5275 Orange Avenue Cypress, CA 90630 Phone: (714) 229 -6688 Fax: (714) 229 -0154 APPROVED AS TO FORM: Aleshire & Wynder LLP By:_ �� ..�—_ Bill nd r City Atto ey [Signatures Continued on Page 17] 955601.1 16 55GG -22 ATTEST: f =MyM W' "d---�-A NOTICE TO CITY TO BE GIVEN TO: City Manager City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Phone: (949) 248 -9890 Fax: (949) 248 -9920 APPROVED AS TO FORM: Rutan & Tucker B. ' Patrick I noz City Attorney [Signatures Continued on Page 18] 17 55GG -23 Dated: S-11-14 ATTEST: 1LC.t..e�� Shade Apodaca City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Irvine One Civic Center Plaza Irvine, CA 92606 -5208 Phone: (949) 724 -6249 Fax: (949) 724 -6045 APPROVED AS TO FORM: Rutan & Tucker By: Todd tfin City Attorney CITY OF I E By: Sean Joyce City Manager (Signatures Continued on Page 191 955601 1 18 55GG -24 CITY OF LA PALMA �7 r � Dated: v B •__ Ellen Volmert City Manager ATTEST: ��_. Laurie A. Murray City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of La Palma 7822 Walker Street La Palma, CA 90623 Phone: (714) 690 -3333 Fax: (714) 523 -7351 APPROVED AS TO FORM: RUTAN & TUCKER Attorney `Signatures Continued on Page 20] 955601.1 55G6-25 Dated:J� u _ ATTEST:. A n r City NOTICE TO CITY TO BE GIVEN TO: City Manager City of Laguna Hills 24035 El Toro Road Laguna Hills, CA 92653 Phone: (949) 707 -2600 Fax: (949) 707 -2614 APPROVED AS TO FORM: Woodruff, Spradlin & Smart By: /V / /4 Gre ory E. Simonian City Attorney CITY OF 20 55GG -26 City Manager ATTEST: Pamela Lawrence Acting City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Laguna Niguel 30111 Crown Valley Parkway Laguna Niguel, CA 92677 Phone: (949) 362 -4380 Fax: (949) 362 -4340 APPROVED AS TO FORM: 0 Terry Dixon City Attorney 955601.1 CITY OF LAGUNA NIGUEL By: Rod Foster City Manager [Signatures Continued on Page 22] 21 55GG -27 The above reference agency rejected the Second Amendment to the Orange County Fire Authority Joint Powers Agreement. / CITY OF LAGUNA WOODS Dated: �/ 6 J �3 By: C ris acon City Manager ATTEST: Marc Donohue °° --- Deputy City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Laguna Woods 24264 El Toro Road Laguna Woods, CA 92637 Phone: (949) 639 -0500 Fax: (949) 639 -0591 APPROVED AS TO FORM: Rutan & Tucker By: L ) avid osgrov City Attorney 955601.1 22 55GG -28 CITY OF LAKE FOREST Robert C. Dunek City Manager ATTEST: Step anie D Smith City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager 25550 Commercentre Drive City of Lake Forest Lake Forest, CA 92630 Phone: (949) 461 -3400 Fax: (949) 461 -3511 APPROVED AS TO FORM: lilh�;w.�a�►t� [Signatures Continued on Page 24] 23 55GG -29 Dated: J` - 1`1TI� NOTICE TO CITY TO BE GIVEN TO: City Manager City of Los Alamitos 3191 Katella Avenue Los Alamitos, CA 90720 Phone: (562) 431 -3538 Fax: (562) 493 -1255 APPROVED AS TO FORM: Wallin, Oress�Reisman Cary S. City M CITY OF LOS ALAMITOS By: "'. rl::� bred4 Korduner Interim City Manager (Signatures Continued on Page 251 955601.1 24 55GG -30 CITY OF MISSION VIEJO Dated: d rr oU .3 By 4, Dennis Wilbe City Manager ATTEST: lvlawk Kare Hamman City tierk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Mission Viejo 25909 Pala, Suite 150 Mission Viejo, CA 92691 Phone: (949) 470 -3000 Fax: (949) 859 -1386 APPROVED AS TO FORM: Watson & Gershon Bill Curley City Attorney (Signatures Continued on Page 261 95560 55(;G -31 Dated 3/ I J�/ 2.=oH CITY OF PLACENTIA NOTICE TO CITY TO BE GIVEN TO: City Manager City of Placentia 401 E. Chapman Placentia, CA 92870 Phone (714) 993 -8117 Fax: (714) 961 -0283 APPROVED AS TO FORM: Andrew Arczy ki Law Offs s Andrew Arczyns ki City Attorney [Signatures Continued on Page 27] 955601.1 26 55GG -32 CITY OF RANCHO SANTA MARGARITA Dated: �l7 `" cam'( ° % � By. d tinifer M. G.ervantez���� ity Manager ATTEST: ow v/4'(41'L Molly McLaughl City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Rancho Santa Margarita 22112 El Paseo Rancho Santa Margarita, CA 92688 Phone: (949) 635 -1800 Fax: (949) 635 -1840 APPROVED AS TO FORM: Woodruff, Spradlin & Smart - -''GCrfegg Simonia City Attorney [Signatures Continued on Page 28] 955601.1 27 55GG -33 CITY OF SAN CLEMENTE Dated: / /— /`f- /.j Pall Gudgeirsson City Manager ATTEST: J nne Baade ty Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 Phone: (949) 361 -8322 Fax: (949) 361 -8283 APPROVED AS TO FORM: Rutan & Tucker By. - ; r Je rey Goldfarb City Attorney (Signatures Continued on Page 291 955601.1 28 55GG -34 Dated: lltoUgrn gr 5,2O4 ATTEST: _�-- — Maria Morr 1 y`Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Phone: (949) 443 -6315 Fax: (949) 493 -1053 APPROVED AS TO FORM: Rutan & Tucker By:CY./L� t °f Hans Van Ligten City Attorney CITY OF SAN JUAN CAPISTRANO By: � , am'tL Karen P. Brust City Manager (Signatures Continued on Page 301 955601.1 L9 55GG -35 Dated: ;W.) —/() —/ Y ATTEST: 1--m 444A /D & Maria Huizar City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Phone: (714) 647 -5200 Fax: (714) 647 -6956 APPROVED AS TO FORM: CITY OF SANTA ANA By:_ David Cavazos City Manager [Signatures Continued on Page 311 455601.1 30 55GG -36 CITY OF SEAL BEACH Dated: October 28, 2013 By: it Ingram ty Manager ATTEST: 4UnaDevine City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Seal Beach 211 8t' Street Seal Beach, CA 90740 Phone: (562) 431 -2527 Fax: (562) 431 -4067 APPROVED AS TO FORM: Richards Watson & Gershon By: Quinn Barrow City Attorney [Signatures Continued on Page 32] 955601.1 31 55GG -37 Dated: 10124663 NOTICE TO CITY TO BE GIVEN TO: City Manager City of Stanton 7800 Katella Avenue Stanton, CA 90680 Phone: (714) 379 -9222 Fax: (714) 890 -1443 APPROVED AS TO FORM: Best, Best & Krieger By Mat hew E. Richardson City Attorney CITY OF STANTON [Signatures Continued on Page 33] 955601.1 32 55GG -38 Dated: ATTEST: Cl' m Erica Rabe City Clerk City Clerk Services Supervisor NOTICE TO CITY TO BE GIVEN TO: City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Phone: (714) 544 -8890 Fax: (714) 832 -0825 APPROVED AS TO FORM: By: David E. Ken City Attorney 955601 -1 (Signatures Continued on Page 341 33 55GG -39 ATTEST: Jarad Hildenbrand City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Villa Park 17855 Santiago Blvd. Villa Park, CA 92861 Phone: (714) 998 -1500 Fax: (714) 998 -1508 APPROVED AS TO FORM: Rutan & Tucker By: Todd Litfin City Attorney 955601.1 CITY OF VILLA PARK By: Jared Hildenbrand City Manager [Signatures Continued on Page 35] 34 55GG -40 The above reference agency rejected the Second Amendment to the Orange County Fire Authority Joint Powers Agreement. NOTICE TO CITY TO BE GIVEN TO: City Manager City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 Phone: (714) 898 -3311 Fax: (714) 373 -4684 APPROVED AS TO FORM: CITY OF EST 4 MINSTE By; Eddie Manfro City Manager jalgnarures "nunued on Page 361 955601.1 5 5 Gab -41 CITY OF YORBA LINDA Dated} October 16. 2013 Mark A. Pulone City Manager ATTEST: Marcia Brown City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda, CA 92885 -8714 Phone: (714) 961 -7100 Fax: (714) 993 -7530 APPROVED AS TO FORM: Rutan & Tucker By: Todd Liffiff City Attorney 955601.1 36 55GG -42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO, 2014.01, GENERAL PLAN AMENDMENT NO. 2014-02, ZONING ORDINANCE AMENDMENT NO. 2014-01 AND AMENDMENT APPLICATION NO. 2014.02 FOR THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN {STRATEGIC PLAN NOS. 3,2; 5, 3; 5, 41 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 10121/2014 Meeting not convened on 10/7/2014 FILE NUMBER due to unforeseen circumstances 1. Adopt a resolution certifying Final Environmental Impact Report No. 201401, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014 -02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014 -01. CITY COUNCIL ACTION On September 16, 2014, the City Council held a public hearing on the proposed Harbor Corridor Mixed Use Specific Plan. At the conclusion of the hearing the Council continued the item and directed staff to revise the plan to reflect policy decisions: • Ensure that more intense development occurred within the Transit Node districts, particularly the Transit Node near the intersection of Harbor Boulevard and Westminster Avenue. • Ensure that the preponderance of development in the Transit Node districts was not primarily residential, but that the plan reflect an emphasis on commercial, entertainment and hotel uses. • Address the design of the street sections to provide options that include adequate pedestrian sidewalks, buffered bike lanes and on- street parking. 75A -1 EIR No. 2014 -01, GPA No. 2014 -02, ZOA No. 2014 -01 & AA No. 2014 -01 October 7, 2014 Page 2 Based on this input, the plan is recommended to be revised as follows (Exhibit A): Revise the description of the goals of development in the Transit Node district to place a greater emphasis on non - residential development, including commercial, entertainment and hotels. Intensify development potential in the Transit Node districts. The Transit Node districts each contain a Bus Rapid Transit (BRT) stop. Using these BRT stops as identifiers, the three areas designated as Transit Node zones are recommended to be further classified as North or South. The recommendations as proposed would not result in any new significant impacts (Exhibit B). The uses and development standards for the North Transit Node, at Harbor Boulevard and Westminster Avenue, are recommended to be revised as follows • Raise the minimum number of building stories from three to four and increase the maximum allowed stories from six to 10. • Remove three -story building types, such as townhouses, as permitted types to eliminate stand -alone residential development. • Remove frontage types, such as stoops and porches, as permitted types to ensure a commercial character at the ground level. • Require that all ground floor uses be non - residential. Where residential is proposed, it must be part of a mixed -use project. o Staff does not recommend making revisions to uses and development standards in the two remaining South Transit Nodes. Many of the parcels in these two areas are too small to meet the development standards and lot sizes required by the more intense standards recommended for the North Transit Node. Restricting development to the standards contained in the North Transit Node would effectively remove the ability to develop these properties, potentially creating a taking of the property without compensation. In addition, the surrounding uses in these areas are predominantly small -scale residential which is less compatible with 10 -story development. Finally, these properties are not located adjacent to the fixed - guideway stop that will be constructed at the North Transit Node and, as such, have more limited potential for the same level of intense development. The plan currently contains several design scenarios that address the need to make Harbor Boulevard a more livable, walkable and bikable street, as well as one that will result in reduction of speeds over time. In the near term, based on the existing right -of -way, a re- striped Harbor Boulevard can accommodate three lanes of vehicular traffic with narrowed lane widths and a buffered bike lane for much of the street's length. In areas where the right -of -way is constrained, lane widths can still be narrowed and a painted shoulder can be added. However, the City should continue to pursue long -term options that can result in a safer and more robust multi - modal street. One significant constraint is overall public right -of -way. The potential for acquisition of right -of -way to accomplish the needs of additional features, is limited and cost 75A -2 EIR No. 2014 -01, GPA No. 2014 -02, ZOA No. 2014 -01 & AA No. 2014 -01 October 7, 2014 Page 3 prohibitive. Staff recommends that the best option is to begin to explore a reduction in the number of vehicular travel lanes from three in each direction to two, thereby freeing up additional width that can be used to improve the street design. This would require the participation of OCTA due to the fact that Harbor Boulevard is identified as an arterial in the County's Master Plan of Arterial Highways (MPAH) and, as such, is required to adhere to the design guidelines contained in the MPAH. In order to receive Measure M funding, which is used for a wide variety of street improvements, cities must show that they are in compliance with the MPAH, therefore, any changes to the lane configurations of Harbor Boulevard would need to be done in concert with OCTA. Staff recommends that the City Council provide staff direction to begin to explore this option. PLANNING COMMISSION ACTION On August 25, 2014, the Planning Commission recommended that the City Council adopt a resolution certifying Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan; adopt a resolution approving General Plan Amendment No. 2014 -02; adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01; and adopt an ordinance approving Amendment Application No. 2014 -01 by a vote of 7:0 for the Harbor Boulevard Mixed Use Transit Corridor Specific Plan ("Harbor Corridor Plan "). The Planning Commission recommended that the design of bicycle and pedestrian travelways be given additional consideration. Thus; the street cross - section designs have been removed and replaced with illustrative conceptual images, and text added that final design of the street cross - section will be determined during the process of the Public Realm Improvement Implementation Program. Other minor modifications to the Plan included the clarification of definitions for housing types, required bike parking, and the enhanced design of parking structure facing Harbor Boulevard (Exhibit C). DISCUSSION The Harbor Corridor Plan proposes a new land use and development vision along Harbor Boulevard, and would replace the existing 425 -acre North Harbor Specific Plan (NHSP) with a reduced plan area of 305 -acres generally along Harbor Boulevard. The previously - adopted NHSP also included 120 acres of property that was comprised primarily of the Wiilowick Golf Course and existing residential neighborhoods near Harbor Boulevard. These areas are recommended to be removed from the plan and to have their zoning reflect the existing land uses of open space and single - family and two - family development. The proposed Harbor Corridor Plan creates a more sustainble vision, introducing housing and higher intensity mixed use development opportunities near the existing Bus Rapid Transit (BRT) on Harbor Boulevard and future fixed guideway routes The proposed Harbor Corridor Plan allows for a minimum of 10 acres to be designated for residential use, as required to maintain a State certified Housing Element requirement to provide adequate zoning for affordable housing opportunity. 75A -3 EIR No. 2014 -01, GPA No, 2014 -02, ZOA No. 2014 -01 & AA No, 2014 -01 October 7, 2014 Page 4 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Goal No. 5 Community Health, Livability, Engagement and Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective No. 4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action Karen Haluza Interim Executive Director Planning & Building Agency MGM:rb MAREPORTWC W arbcAQh4- 019pa14- 02zoa14,01 aa14 -0 toc.10.07.14 Exhibit: A. Recommended Revisions to the Harbor Mixed Use Transit Corridor Specific Plan B. PlaceWorks Technical Memo C. Planning Commission Staff Report 75A -4 1/ 1 (October i' EXHIBIT A 75A -5 ;Q� A .fro ( 11 x A o, Harooi Mixed use Trai,s¢ Corridor Plan VISION & SUMMARY Vision: A Place for People Harbor Boulevard is a place for people. life is abundant and flourishing Harbor Boulevard is a gateway to Santa Ana, with marquee uses, buildings, everywhere within the corridor Families, couples, and individuals live here. and street design that strengthen the community's sense of identity and the People work at service and professional businesses along the corridor. Many City's image as a center for arts and culture. Together, new designs, spaces, residents and visitors stop along Harbor Boulevard to shop for items they need and improvements make the Harbor Corridor a healthier, more successful, and and want, eat at great restaurants, learn and enrich themselves in new cultural more livable place. spaces, worship in religious buildings, and relax and exercise in new open spaces. Guiding Principles Harbor Boulevard connects people to places. The boulevard is redesigned into a street where people find it safe and enjoyable to walk, ride their bike, take 1. Expanded development opportunities that respond to transit a bus, or drive their car. New rapid bus and streetcar service connects people investments with local and regional jab centers, downtown Santa Ana', and other shopping and recreation destinations. 2. A variety of safe and efficient travel choices 3. Economic vitality and new opportunities for businesses and residents Conceptual renderings of what Harbor Boulevard could look like in the future. 4. A sense of place -- 5. Community health and wellness datWesyninster Avenue logkingsoutfi i cL di , WOW Harbor Boulevard' Rh September 2014 75A-6 I -1 ;Q a dt _1,V 1 N A A a Harkci Mixed Use Transit Condor Plan LAND USE PLAN AND DEVELOPMENT STANDARDS Vision: A Place for People Harbor Boulevard is a place for people. Life is abundant and flourishing everywhere within the corridor. Families, couples, and individuals live here. People work at service and professional businesses along the corridor. Many residents and visitors stop along Harbor Boulevard to shop for items they need and want, eat at great restaurants, learn and enrich themselves in new cultural spaces, worship in religious buildings, and relax and exercise in new open spaces. Harbor Boulevard connects people 0 places. The boulevard is redesigned into a street where people find it safe and enjoyable to walk, ride their bike, take a bus, or drive their car. New rapid bus and streetcar services connect people with local and regional job centers, downtown Santa Ana, and other shopping and recreation destinations, Harbor Boulevard is a gateway to Sane Ana, with marquee uses, builtlings, and street resign that strengthen the community's sense of identity and City's image as a center for arts and culture. Together, new designs, spaces, and improvements make the Harbor Corridor a healthier, more successful, and more livable place. Guiding Principles 1. Expanded development opportunities that respond to transit investments 2. A variety of safe and efficient travel choices 3. Economic vitality and new opportunities for businesses and residents 4. A sense of place 5. Community health and wellness The overall purpose of this Specific Plan is to generate momentum, expand options, and provide comprehensive direction for the improvement and development of the Harbor Corridor, as directed by an overall vision, guiding principles, a land use plan, and development standards. Land Use Plan The land use plan regulates the Specific Plan area through the application of four land use districts: Transit Notle, Corridor. Neighborhood Transitional, and Open Space. Each district has its own development standards and preferred building and frontage types. Figure 3 -1 displays the land use plan and its relationship to the Bravo! bus rapid transit (BRT) stops. Table 3 -1 identifies the acreage for each district alongside the maximum capacity for housing units and nonresidential building square footage. The maximum capacity reflects one possible scenario if the project builds out to its full potential based on allowable development standards. In and of itself, this plan is not a development project. It is expected that change would occur incrementally according to the desire and ability of individual property owners to develop their properties based on the new standards. Based on trends and existing conditions, residential development is more likely to build out at levels somewhere between current conditions and maximum capacity (see Table 3 -1). However, for the purposes ofconducting the required environmental assessment, the City evaluated the maximum buildout capacity, of Potential by Land Use Districts 125 507 -2,02 108 1,130 -2,4 Neighborhood 15 89 -178 Transitional Transit Node (TN) The Transit Node district is intended to provide standards for high intensity, transit - supportive mixed -use development with a locus on creating pedestrian activity at the street level. This district offers the most significant opportunities to respond to the regional and local transit investments, with direct access to three existing BRT stations and proximity to one or more future fixed guideway stations. The Transit Node districts are further broken down into the North (N) and South (S) zones. The North Transit Node, comprised of the properties surrounding the BRT station at Harbor Boulevard and Westminster Avenue, will provide for the most intense development with buildings allowed up to 10 stories. The North Transit Node will have an emphasis on mixed -use development with ground fiber commercial, entertainment, and hotel uses. The South Transit Node, comprised of the properties surrounding the BRT stations at Harbor Boulevard and Tat Street, and Harbor Boulevard and McFadden Avenue, allow for buildings up to six stories with an emphasis on mixed -use residential development, Corridor(CDR) The Corridor district is applied to properties along Harbor Boulevard between BRT stations and is intended to provide housing options and neighborhood serving uses within walking distance of a transit node. Building types include lined block, stacked flats, courtyard housing, live -work, rowhouses, and tuck -under units. Mixed use and non- residential projects are centered on key intersections, and residential and public/quasi- public uses infill at mid -black locations. Neighborhood Transitional (NT) The Neighborhood Transitional district provides standards for development that acts as a transition between the single - family neighborhoods to the north and south of 1st and 5th Streets and the Corridor and Transit Node districts. Designated for the lowest scale and the lowest intensity of uses in the Harbor Corridor Plan, development in this district is limited to residential, live -work, or neighborhood- serving commercial uses. These uses may combine commercial on the ground floor with residential above or in freestanding single -use buildings on the same site at between two and three stories in height. Open Space (OS) The Open Space district identifies areas reserved for community parks and other open spaces. Allowable structures in this district are limited to those necessary to support the specific open space and recreation purposes, such as sport -court enclosures, multipurpose buildings, and trails. Additional open space will be required as new development occurs and will be located within or close to the Specific Plan area. September 2014 +�UIC R7W DRAFT 3 -1 Harbor Mixed Use Transit Condor Plan Figure 3-1: Land Use Plan T T -F-11 I- Hilo (I:XBdGuldeway Wit; —T �,u sTR E I iAZARD AVENUE Willowick Goftourse L LL r Hazard —I - Elementary T Campesi no Park 7T 5TH STREET L Z t; 7 oj -� i FIN6 L ---E: 7J � I K ope d ewh Elementary H 17- MIN, IMP anwi -T LL CAMIKIE ST OFT LEGEND -Tr T Harbor Mixed Use Transit Russell �. Corridor Plan Boundary Bravo! Bus Rapid Transit Stop Potermfial Fixed Guideway Stop Land Use District Transit Node Corridor Neighborhood Transitional Open Si IN North Transit Stop 3 South Transit Stop o em 3-2 PUBLIC i 7AA F7 8 City of Santa Ana 7OA- CHAPTER 3: Land Use Plan and Development Standards Permitted Uses Table 3 -2 shall regulate land uses within the Harbor Corridor Plan area. The table provides uses by district, The uses are indicated by abbreviation: permitted (P), not permitted (N), permitted by Conditional Use Permit (CUP), permitted by Land Use Certificate (LUC), and permitted through Site Plan Review (SPR). The Transit Node District is divided into two areas basd on their proximity W the transit stops. Transit Node North: Permitted uses shall apply to properties in the Transit Node District adjacent to the North Transit Stop as depicted in Figure 3-1. Transit Node South: Permitted uses shall apply b properties in the Transit Norte District adjacent to the South Transit Stops as depicted in Figure 3 -1. Table 3 -2. Permitted Uses RESIDENTIAL e x e • NEIGH TRANSITIONAL Joint Irving working quarters P(1) P P(2) CUP N Care homes N N CUP CUP N Single family swilling N N P P N Multi - family dwellings (in building types other than a House or Live -Work) RECREATION, EDUCATION, AND ASSEMBLY P(1) P(1) P P N Community assembly or religious facility P(1) P(1) P CUP N Library, museum P P P P SPR Park or recreation facility (outdoor) P P P P P Commercial recrbofioNhbolttMtness (indoor) CUP CUP �` - r �''� � •• _ N P School P(1) P(1) P CUP N Studio P(3) P P CUP N Theater, cinema or performing ads P P P N N RETAIL General retail P (3) P P P (2) N Grocery, face market P (3) P P (3) P (2) N Eating establishment P(3) P P P(2) N Auto or motor vehicle sales N N CUP N N SERVICE: GENERAL Auto or motor vehicle service N N CUP N N Banquet facility catering - subject to 41.199.1 of the SAMC CUP (1) CUP (1) CUP (1) N N Child day care- more than 8 and up to 14 children P(1) P P LUC N Child day bore center 05 or more children) P(1) P P CUP N Hotel, excluding transient residential hotel and long -term stay P P P N, N Personal services P (3) P P P (2) N Personal services - restricted SERVICE: BUSNESSTINANCLAUPROFESSIONAL N N CUP CUP N Bank, financial services P (3) P P N N Clinic, urgent care ,N _ W P N N Doctor, dentist, chiropractor office P(I) P P N N PmfessionaVadminjAmtive/ service office TRANSIT, COMMUNICATION, INFRASTRUCTURE P(1) P P P(2) N Parking facility - public or commercial (standalone parking structures are prohitoted) (4) SPR N N Transit station or terminal P 7NN N SPR Public milily structure, excluding wireless communication facilities N CUP SPR Any structure over them (3) stories in height SPR I SPR SPR SPR SPR Businesses operating between 12 am and 7am CUP CUP CUP CUP N Alcoholic beverage sales or consumption CUP CUP CUP CUP N Adult business N N N N N Light or heavy industrial N N N N N 0) Use mminu@tl only on serve or riper AWrs, or Whind retail or service ground Omr ber, (2) Permitted use as part of a verocal mixed use pmgmm, wit upper floor mammal (3) Minutes only as it of a mixed use pmpect win a wmmercial or residential component (4) Parking meti4es must comply wit building frontage standards P Uae is nominated subject to Morpheme win all aptiiwble provisions of the Santa Are Municipal Cafe LUC Use is insuctRd anneet to to approval of a land Use C,Ifcm, CUP Use is permitte l mentor N to approval of a prudential Use Permit SPR Use is hermithtl subject W to approval of a site Plan Review N Use not parr idel in dianct September 2014 6eRJJC RFyLL / DRAFT 3 -3 70A Harbor ri Ose Transit Corridor Plan Development Standards The development standards translate the Specific Plan vision and principles into prescriptive evaluation standards, ensuring that new development projects activate the public realm, exhibit high standards of urban design and landscaping, and maximize flexibility and development feasibility for public and private projects. This Specific Plan emphasizes the role that Wilding form plays when developing individual parcels and blocks to create diverse and pe lestrian- oriented development. Building Type and Form A wide variety of building types are permitted throughout the corridor, with more intense building forms found in the Transit Node district, and the least intense Wilding forms provided in the Neighborhood Transitional district. In the Corridor and Transit Node districts, future development is required to be at least two stories tall to reinforce the transit- and pedestrian- oriented vision for the Specific Plan area. Table 3 -3 identifies the building type and form standards by land use district. Images of various building types can be found below. I It I w l_ % ,- r- 0 House. Max 51 one s ay NT 213{4-Plsi Max Stases: a -T Live Wank Max series. 3 ® NT R „—se Masstanezj Table 3 -3. Building Type and Form -L YWHIIIIII _"i"'� 1011—OPPMR9,10"i. ®NT Tockrindersal ®Ni iu k tl .M ions, BUILDING TYPE House RA door 5-12 �® ®" ®" N =19 - - DEPTH I MIN. MAX.t+ ke 70'min 25's100' 11 h : 2 3 - 2 2d344 -plex 10 -16 100' min 50' -125' IVat Atmwed Nul „bowca 2 3 - 2 Bungalow Court 10-15 130' min 100' -180' Nor Nro,m d N 1 vw_ 2 3 - 3 Live-Work 12-15 100 -200' 75'125' N't Ilcwwi 3 3 2 3 2 3 Rdwhouse 7-18 100' -200' 75' -150' ¢oi aln;oreu 3 3 T 2 3 2 3 Trick Under 12 -18 75' min 95' -250' iVd gmrvnvl 3 3 2 3 2 3 Courtyard Housing 20 -30 130' -250' 125 -200' elke", 4 5 2 4 2 ( 3 Flex Black 30-00 130' min ]5' -200' 4 10 4 6 2 4 fRa 4u,wutl Stacked Owellings 40 -50 130' min 125'-200 4 ]0 4 6 2 4 11 ell, - Lined Block Tn. nose 1— n.111.11 45-50 1., mgr mm Nmnma 17U min a„ na, w,. 125--130' 4 ma m. a i.neono -ab„m t 10 win w'ab 4 6 2 -, m.amr,v1 or so- also ki 1-. 4 — u— .ro �,„n.r n„w<,,., ,.n,.i Col -orates Nan a hulane or bonbon type Permitted in a Jana ' in dr pi M1ldo or Imnrage into is only rebounded in me NT use aisect in Nis example abuldng bYces Permitted in all disturbs Neignm neednanstonal D,ii 3 -4 PUBUIrj9W&RAFT1 0 City of Santa Ana nw * is The images below and on the preceding page show examples of building types at various intensity and in a range of architectural styles. While the Specific Plan does not prescribe a set of specific architectural styles, it does encourage new projects to employ more contemporary and modern styles. CHAPTER 3'. Land Use Plan and Development Standards Cwrtyard Al . Ma. St ones'.] S ,;.I', nI A 9 ■v S we .xx:. - ! ON iiii O_ !■ C� ■ d t staa.d o.enmB :. M.smd. ::,,yo LlmdBlo .Max Staries:Na September 2014 70 -R I DRA FT 3 -5 -lama: Mixed Use Transl Conldor Plan Building Frontage Types and Floor Heights The frontage types and floor heights work in combination with the underlying land use district to ensure that proposed development is consistent with the City's goals for building farm, character, and quality. Subject to the requirements of the applicable land use district, a proposed building shall be designed with one or more of the following frontage types: arcade, gallery, shopfront, forecourt, staop, and frontyard /porch. Traditionally, commercial storefronts are characterized by tall storefront windows resigned to display merchandise to pedestrian passersby and entice them inside, while enhancing interior daylighting. New buildings in the Transit Node and Corridor districts shall construct taller ground floors to maintain an attractive and consistent space, while also maximizing flexibility for current and future uses. Table 3 -4 indicates minimum near heights for each district. Table 3 -4. Frontage Floor Height Minimums and Districts Arcade (A) 15 fee[ 9 feat TV, C TN, C Gallery (B) 15 fear 9 feet Shop Front (C) 15 feet 9 feet TN, C Forecourt (D) 15 feet 9feet TN,C Stoop (E) 10 feet 9 feet TN -S, C, NT FronlyardrPorch (F) 10 feet 9 feet TN S. C, NT Not: Flom height refers to livable space and Perudev space needed W mechanical equipment and other SVUCWral mquiremene. iRONIVPPOI eORCH I e Si004 Standards for All Frontage Types 1. Aphysical transition shall beprovided between the glazing of the storefront and the adjacent sidewalk unless the glazing Itself terminates directly at the grade. Where a bulkhead is applied to transition between the openings) and the adjacent grade, the bulkhead shall be between 18 inches and 36 inches tall per frontage type (aluminum storefront or spandrel panel may not substitute far a bulkhead). 2. All storefronts shall provide clear views of merchandise displays within the shop space and /or maintained and lighted merchandise display(s) within a display zone of approximately four feet in depth from the glass. 3. Awnings, signs, balconies, and other architectural projections shall be located at least 8 feet above the adjacent sidewalk and may project for the width of the sidewalk to a maximum encroachment within 8 feet of the curb. 4. Awnings shall only cover storefronts and openings so as to not cover the entire facade. 5. The term "clear" means that the identified area is free of encroachments other than signs and light fixtures. 6. Encroachments in the public right -of -way require the approval of the Public Works Agency. 7. Parking garages are required to employ a frontage type that is the same or complementary to the attached or adjacent buildings. Additional photographs, diagrams, and standards for building frontages are provided in the fallowing pages. M ra 0 O ! ec SHOVFr i CALLFW 4RUOF l4jjK �3R � �y S 1 Ras .J R,O.W J III, n 'f 3 -6 PUBIIIEJWWj1RAF - City of Santa Ana r A. F r CHAPTER 3: Land Use Plan and Development Standards Stoop Frontage Type ®n, A stoop is an elevated entry pad that corresponds directly to the building entry. The stoop has stairs placed close to the frontage line on a building, and the ground story is elevated from the sidewalk, securing privacy for the windows and front rooms. This type is suitable for ground -floor residential uses with short setbacks. This type may be interspersed with the sho alront frontage type. A porch or shed roof may also cover the stoop. 1. Configuration. A great variety of stoop designs are possible, but the following shall apply: a. A minimum of 4 feet deep clear (at) Stoops without porches or roofs may encroach up to 50% of required building setback depth unless specified otherwise in the development standards, b. A minimum 4 feet wide. c. Stoops shall be raised to transition into the building. Buildings along Harbor Boulevard may have a stoop frontage. The design of such stoops is subject to review and approval by the Executive Director of the Planning and Building Agency. J. Stoops shall correspond directly to the building abbots). 2. Elements e. Fences or walls defining the stoop or front setback shall not exceed 36 inches from the highest adjacent finished grade. 01 a i Axonommric Diagram. sloop 'rontyard/Porch Frontage Type ®uT Plan nia &am: Sloop sectiontfifii slwp Frontyards area common frontage primarily associated with single - family houses, butcan be used with other building types in cases where the facade is set back from the right -of -way, provided the context is appropriate. An encroaching porch may also be appended to the facatle. A fence or wall at the property line may he used to define the private space of the yartl. The front yard may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the yartl. The building facade that uses a frontyard or porch can be setback a maximum of 15 feet from the R.O.W. 1, Configuration. A great variety of frontyard and porch designs are possible, but the fallowing shall apply: a. A minimum of 6 feet deep clear between the face of the landing and building facade (at). Porches may encroach up to 24 inches of required building setback depth unless specified otherwise in the development standards, provided the remaining setback area shall not be less than 5 feet. It. A minimum of 12 feet wide clear for centered entry; or a minimum of 10 feet clear for asymmetrical entry. c. A minimum of 10 feet tall clear. d. Porches shall be at grade or raised to transition into the building. In no case shall porches be raised more than 3 feet from the adjacent grade. 2. Elements e. Fences or walls shall not exceed 3 feet in height when defining the front yard or (when fronting a public street) the side yard. Retaining walls within the front yard setback cannot exceed 18 inches in height. exonomernc Diagram: Rontydrd/Fblch Plan Diagram: Fmnt arNPorcM1 nOWy!F Wrgl Se, bad Llney. j al+ FaI j t + *---4- f d ;Fa a s Rion Diagram. Foi- OwnITInd September 2014 RtALIC R1 DRAFT 3 -9 Harbor Mired Use Transit Corridor Plan Building Placemeflt The placement of buildings plays an important part in creating character and a sense of place within the Harbor Corridor. The standards reflect an urban, walkable atmosphere where dense commercial, residential, and mixed -use buildings are placed close together and create a consistent streetwall that shapes the experience of pedestrians, bicyclists, and passing motorists. The setback standards also emphasize minimum setbacks to provide attractive landscaping and a buffer for pedesMans from street activity. Minimum and maximum standards are identified in Table 3 -5 and associated figures. Table 3.5. Building Placement SETBACK OR SEPAILITION BUILDING TO STREET AND FARIKING FIGURE &.of awnings, and gallery and ( Min .6 it Adjacent to public street right- of-way a Except awning;, and gallery and k min. 12'clear 6 fl or public easement I Awnings, and gallery and arcade I min, lo'clear within 6'of [a alley_or internal drive all 0 aft setak Line Leman -Adjacent Adjacent to parking c 7h 3' Clear zone (see oelpw) a of _ 251t Adjacent to Hn and 2nd floor a 15 ft - singlefamily resicential 3rd floor and above ` f 2Q(30 ft - Adjacenttoall All floors g 5R - olheruses a Up to 3Nflcor h Eft - 4ih floor and above i Nores. 1. salWeka are measured from Me aosest pint of a Wilding bike poked, line or puaie hinmeet, exttor tar near tunes Bee hebw). II a ironryarNpmch montage is usetl, to ting loads may Ire seibeck a maximum of 15 feel 2. AdtlaOnal wheal br entry plazas or courtyards, or M meet adjacent strucbres, may W permiRd subject to addi4onal design review. Forge Iypew may be us d to sabsty settenkmagiremen6. 3. Building planes above to 3rd floor shall have, at minimum, a50 %vanationioselback water Me specified sfandame in Table 3 -5. 4. For Wilding, with seven or more stories, to 0iN Poor and above must to set Fzck a minimum of 30 dust from singe family retitlential uses. Clear Zones 1. Clear zones are required at driveway, street, or alley intersections to provide adequate line of sight for drivers, bicyclists, and pedestrians as May approach intersections. The clear zone shall consist of an isosceles right triangle with 25 -foot sides along the property line. 2. The clear zone shall not be occupied by a ground floor building facade .Site and building features that are taller than 30 inches feet in height, including ufilities, mechanical equipment, fences, and landscaping, are prohibited in the clear zone. 3. Upper floors may extend over the clear zone. Awnings must maintain a vertical clearance of at least 15 feet within a clear zone. 4. The clear zone requirement shall also apply to property cornea that front Harbor Boulevard and abut the property line of a mobile home park. Encroachments 1. Outdoor dining. Such encroachments per approval of the Santa Ana Planning & Building Agency (PEA) and Public Works Agency (PWA) Directors, separate permit, and agreement per SAMC. 2. Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards idenfified in Table 3 -6 and the associated figure. 3. No encroachments are permitted within 10 feet of a bus stop, intersection, or driveway Table 3.6. Encroachments Note: 1, Feveperminadbtr eekeelstpropedvline. A dl Building to Street Right-of -Way U r WMlceasementalong How, Boulevard Alleyr Drive NSk Building BNIj FetlaaiaryFrontge i!mw 25111 c-Iear Zane Stmet ROW Setback Zane Building to Property Lines P L. P. L. Q , Min. 20130 It Any use stage Family rapt SFR Q gesidendal —M N k Min.5 it Min. l51G Building to Building on i N &.of awnings, and gallery and ( Min .6 it m .made frontage types in. 8' clear max 18" Except awning;, and gallery and k min. 12'clear max 24" arcade frontage types I Awnings, and gallery and arcade I min, lo'clear within 6'of frontage types curb Side yard - Na setak Line Leman Rear yard to edv¢ S' Alley yard - to save' 3' Note: 1, Feveperminadbtr eekeelstpropedvline. A dl Building to Street Right-of -Way U r WMlceasementalong How, Boulevard Alleyr Drive NSk Building BNIj FetlaaiaryFrontge i!mw 25111 c-Iear Zane Stmet ROW Setback Zane Building to Property Lines P L. P. L. Q , Min. 20130 It Any use stage Family rapt SFR Q gesidendal —M N k Min.5 it Min. l51G Building to Building on If I 3 -10 PUBI7Fj{{kN RA Clry of Santa Ana i N Min .6 it Encroachments I Allowable ROW II ry LUm it oachurem setak Line Leman nor Table 3£ 0— 0 r0 If I 3 -10 PUBI7Fj{{kN RA Clry of Santa Ana Qom. !. _ha 1 It . A w CHAPTER 7: Administration and Implementation forced to ride unsafely in the street or on the sidewalk (a g., clearly striped or Commercial recreation facility - Indoor: Establishments providing indoor protected bike lanes, good signage, bicycle - specific traffic signals, bike racks, amusement and entertainment services for a fee or admission charge, and lockable bike storage). including: Block: An area of land within a subdivision which area is entirely bounded by streets, highways or ways, excepts alley and the exterior boundary of the subdivision. Building height: The vertical extent of a building measured in stories to the eave of the highest story, not including a basement or an attic. Height limits do not apply to masts, belfries, clock towers, steeples, equipment screening, chimney flues, and similar structures. Building height shall be measured from the average grade of the fronting thoroughfare curb level. Building placemem: The maximum horizontal envelope available for placing a building an a lot. Bowling alleys u Coin - operated amusement arcades n Electronic game arcades (video games, etc.) » Pool, billiards n Skating sports (ice, roller, board) This use does not include adult businesses. Four or more electronic games or coin - operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the sta. Building type: A structure defined by the combination of configuration and Courtyard Housing: See'Building Types placement. The building types used in this Specific Plan are listed below: Bungalow Court: A configuration of freestanding single units arranged Doctor, dentist, chiropractor office: A facility other than a hospital where around a common, shared courtyard that is wholly open to the street. The medical, dental, mental health, surgical, and/or other personal health care individual buildings are arranged next to each other to form the bungalow services are provided on an outpatient basis, and that accommodates no more court building type. than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office Courtyard Housing: A building type consisting of residences that can be suite . arranged in four possible configurations: townhouses, townhouses over Duplex, Triplexand Quadplex: See'Building Types flats, flats, and flats over flats. The structures are arranged next to each other , on one or more courts that are partly or wholly open to the street. Dwelling unit types: Duplex, Triplex, and Quadplex (2- /3- /4- plex): Multiple dwelling forms that are architecturally presented as large single - family houses in their typical neighborhood setting. Flex Block: A building generally of a single massing element, designed for occupancy by retail, service, or once uses on the ground floor, with upper floors also configured for those uses or for residences. House: A detached structure occupied by a single household that also accommodates commercial and office uses as allowed. Lined Block: A building that conceals a public garage or other faceless building that is designed for occupancy by retail, service, or once used on the ground floor, with upper floors also configured for those uses or for residences. Live -Work: An integrated residence and working space, occupied and utilized by a single household in an arrangement of at least 3 such structures or I multiple structure with a least 3 units arranged side by side along the primary frontage, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. Rowhouse: An individual structure on a parcel with a private rear yard and individual garage accessed from an alley. Such structure shall be developed in an arrangement of at least 3 such structures along the primary frontage. Or, a structure of at least 3 attached townhouse unit types arranged side by side with a private rear yard and individual garage accessed from an alley along the primary frontage. Stacked Dwellings: A building of single -floor or multi -floor residences of similar configuration either above or below that are stacked. Tuck - Under: An individual structure on a parcel with no rear yard, where its garage is tucked under the rear of the house and accessed from an alley. Bungalow Court: See 'Building Types' Care homes: Residential facilities providing nursing and health - related care as a primary use with in- patient beds. Examples of these uses inclutle: board and care homes; convalescent and rest homes; and skilled nursing facilities. Long- term personal care facilities that emphasize medical treatment are considered "Extended Care" facilities. Clinic, urgent care: A facility other than a hospital where medical, mental health, surgical or other personal health services are provided on an outpatient basis, including incidental metlical laboratories. Examples of these uses include: • Apartment: A multi -unit rental version of a Flat, Loft, or Townhouse • Condominium: An ownership version of a Flat, Loft or Townhouse a Flat: A single -story unit, often found in a stacked configuration n House:a single, detached unit n Loft: A double -story height unit with a mezzanine. n Townhouse: A two to three -story unit with a common wall Eating establishment: A commercial establishment whose primary use is the sale and service of meals onsite to guests and which has suitable kitchen facilities containing the necessary appliances required for cooking unpackaged foods, and which complies with all of the requirements of the local Department of health and the California Department of Alcoholic Beverage Control for a bona fide public eating place pursuant to the Section 23038 of the California Business and Professions Code. Elevation (building): The exterior walls of a building. Also referred to as 'Facade' when the elevation is along a frontage line. Entrance (main or primary): The principal point of access of pedestrians to a building. In the support of pedestrian activity, the main or primary entrance should be oriented to the frontage rather than to the parking. Facade: The exterior wall of a building that is set along a frontage line. Facades support the public realm and are subject to frontage requirements additional to those required of elevations. Flex Block: See 'Building Types' Forecourt: See'Frontage Types' Frontage Line: Those lot lines that coincide with a public street line. One shall be designated as the Principal Frontage Line. Facades along Frontage Lines define the public realm and are therefore more highly regulated than the elevations that coincide with other lot lines. Frontage lines are subject to the urban standards, architectural standards, signage standards, and subdivision stantlartls. Frontage type: The architectural element of a building between the public right -of -way and the private property associated with the building. Frontage Types combined with the public realm create the perceptible strestscape. The following frontage types used in this Specific Plan are listed below: Arcade: Afacade with as attached colonnade, that is covered by upper stories. This frontage type is ideal for retail use but only when the sidewalk is fully absorbed within the arcade so that a pedestrian cannot bypass it For Building Code considerations, this frontage type cannot cover the public right -of -way. n Medical offices with five or more licensed practitioners or medical Forecourt: A semi - public exterior space partially within the shopfront, specialties out patient care facilities gallery or arcade frontage that is partially surrounded by a building and Urgent care facilities seen opening to a thoroughfare forming a court. The court is suitable for n Counseling services by other than medical doctors or psychiatrists are gardens, outdoor dining, vehicular drop -off and utility off - loading. included under "Offices- Professianal /Administrative' Frontyard / Parch: A common frontage type associated with single family Community assembly: Group gatherings conducted indoors such as houses, where the facade is set back from the right of way with a front synagogues, mosques, temples, churches, community centers, binge halls, yard. A porch may also be appended to the facade. A fence or wall at the private clubs, fraternal, philanthropic and charitable organizations and lodges, property line may be used to define the private space of the yard, The front September 2014 5Pt1BLTC R116 DRAFT 7 -3 Harbor Mixed Use Tonst Corridor Plan yard may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the yard. Gallery: A colonnade that is attached to storefronts and projects over the sidewalk. Shopfiri A facade placed at or close to the right -of -way line, with the entrance at sidewalk grade. This frontage type is conventional for retail frontage and is commonly equipped with cantilevered shed roofs) or awning(s). Recessed storefronts are also acceptable. The absence of a raised ground floor precludes residential use on the ground floor facing the street, although such use is appropriate above. Stoop: An elevated entry porch that corresponds directly to the building entry, with stairs placed close to the frontage line on a building with the ground story elevated from the sidewalk, securing privacy for the windows and front rooms. This type is suitable for ground -floor residential uses with short setbacks. This type may be interspersed with the shopfront frontage type. A porch or shed roof may also cover the stoop. Frontyard /Porch: See 'Frontage Types' Gallery: see 'Frontage Types' ,an » Automobile impound, salvage, or wrecking yards. » Cement, lime, gypsum, or plaster of paris manufacture » Crematories » Food manufacture or processing Fertilizer manufacture » Hazardous waste treatment facilities a Recycling facilities » Site for the transfer, disposal, or dumping of refuse » Smelting of tin, copper, zinc, or iron ores Hotel: A facility offering short -term lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities. Access to the guest rooms shall be through the main lobby of the building. A hotel shall contain more than five guest rooms. A hotel that contains a kitchen as defined by the California Building Code (CBC) in guest rooms shall be deemed to be a long term stay business hotel as defined by the SAMC. A hotel that meets the criteria of a transient/residential hotel as defined by the SAMC, shall be deemed to be a transientlresidenfial hotel. House: See'Building Types' General retail: Stares and shops selling many lines of merchandise. Examples Joint living- working quarters: A building or component of a building in of these stores and lines of merchandise incude; which both residential and commercial uses may occur within the same unit. Art galleries, retail » Art supplies, including framing services Bicycles » Books, magazines, and newspapers Cameras and photographic supplies » Clothing, shoes, and accessories n Department stores n Drug stores and pharmacies Dry goods n Fabrics and sewing supplies n Florists and houseplant stores with indoor sales only » Grocery or food market » Hobby materials Jewelry n Luggage and leather goods n Music and/or must.] instruments, parts, and accessories n Orthopedic supplies • Small wares • Specialty shops • Sporting goods and equipment • Stationery » Toys and games » Variety stores General retell does not include the following: » Adult business as defined in Section 41- 1701.6 of the SAMC, antique or collectible stores, furniture, furnishings and appliance stores, medical marijuana dispensaries or second hand stores. » Sheet metal shops, body - fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity. n Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit or land use certificate in one or more use districts pursuant to this Specific Plan. Ground floor/ footprint: The area resulting from the application of building placement and open space requirements and as further articulated by particular building design. In calculating the area, only the conditioned floor space shall be counted for purposes of calculating allowable upper floor area, the area occupied by zaguans shall be counted as "ground floor /Footprint" Ground Boor residential: Dwellings with their primary entrance and habitable space at grade. Health and fitness: A commercial establishment providing facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, saunas, showers, and lockers. Health and fitness facilities may also provide for instruction programs and classes, such as functional fitness, marital arts, and yoga; lockers and showers may be provided. Heavy industrial: The manufacture, extraction, treatment, storage, or assembly of materials or products that may or may not include the use of hazardous materials. Examples of heavy industrial include: Light industrial: The manufacture or assembly of produces from previously treated material where no impact is created to the adjacent uses and no hazardous materials are used in the production of such products. The maximum number of employees shall be 10. Examples of light industrial include: n Athletic equipment Bakeries » Camera, photo equipment Clothing » Electronics » Musical instruments » Optical goods woodworking Lined Block: Sea 'Building Types' Live -Work: See 'Building Types' Lot width: The frontage of a parcel which is used to identify the parcel for street address purposes. Mined -use building: Typically a structure lawfully containing residential and non - resitlential uses, although a structure that lawfully contains two types of non - residential uses can also be considered a mixed -use building. Multi- temily dwelling: A residential structure lawfully containing two or more dwelling units. Multimodal corridor: A street and system of pathways that safely accommodates numerous transportation options for people to access and travel through the area. This can include the automobile, transit, pedestrian systems, and bicycle facilities. Office: These do not include medical offices (see Clinic, Urgent Care,' and "Doctor, dentist, chiropractor, office. "). 1. Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include "Bank, Financial Services," which is separately defined. 2. Administrative. Office -type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer - dependent or telecommunications -based activities. Examples of these uses include: w Airline, lodging chain, and rental car company reservation confers, not including retail travel agencies » Computer software and hardware design and development » Consumer credit reporting » Data processing services » Health management offices where no medical services are provided » Insurance claim processing » Mail order and electronic commerce transaction processing » Telecommunications facility design and management » Telemarketing 3. Professional. Office -type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include: 7 -4 PUBLI('„g gW pBAFT1 6 City of Santa Are 1 -KelP.TC ►1[9 ; ► + ►I DATE October 1, 2014 TO City of Santa Ana ADDRESS 20 Civic Center Plaza CONTACT Karen Haluza, AICP, Interim Executive Director FROM Nicole Morse, Esq., Associate Principal SUBJECT Harbor Blvd. Mixed Use Transit Corridor Plan - Environmental findings re: changes to project in response to City Council Hearing 9/16/14 PROJECT NUMBER SNT -11 On September 16, 2014 the Santa Ana City Council considered the approval and certification for the Harbor Boulevard Mixed Use Transit Corridor Plan (Harbor Corridor Plan or HCP) and associated Environmental Impact Report. Council directed staff to consider changes to the Harbor Corridor Plan to increase the flexibility and opportunity for future development in the Transit Node while ensuring that redevelopment is not limited to residential uses. FINDING: PlaceWorks analyzed the changes to the project and determined that the revisions would not result in any new significant impacts requiring recirculation of the EIR pursuant to CECLA Guidelines Section 15088.5. The analysis is provided below. SUMMARY OF CHANGES TO THE PROJECT The HCP has been revised to encourage a balance of new housing and commercial development opportunities, as well as facilitate hospitality and tourism uses at a higher intensity: The Harbor Corridor Plan Transit Node district has been broken down into the "North" and "South" zones. The "North" Transit Node comprises the properties surrounding the BRT station at Harbor Boulevard and Westminster Avenue, and has been modified to allow an increase in allowable maximum building height from six stories to ten stories. Permitted Uses (detailed in Table 3 -2) are revised to clarify that any proposed residential uses are only permitted on the second floor or upper floors, or behind commercial uses on the ground floor. In addition, with the exception of uses such as hotels, museum, and theaters; retail and services uses are required to be part of a mixed use project with commercial or residential components. The Building Types and Forms (Table 3 -3) are revised to eliminate certain residential building types in the "North" Transit Node zone, including Live -Work, Rowhouse, Tuck - Under, and Courtyard housing. In addition, the maximum number of stories allowed for the remaining building types allowed in the North Transit Node Zone (including Flex Block, Stacked Dwelling and Lined Block) is changed from six stories to ten stories. EXHIBIT B 3 \IacAi 0h it Place, :Jite 1100 Santa Ana. C aiiiorni J 1)?IU7 1 714 966.11 - 10 1 Pla(_eWorks.corn 75A -17 AMC= » The Building Frontage Types (page 3 -9) are revised to eliminate Stoop Frontage Type and Frontyard/ Porch Frontage Type as allowed in the "North" Transit Node zone. » The Building Placement criteria (Table 3 -5) is revised to require a 30 -foot setback above the second floor for buildings with 7+ stores that are next to single family residential uses. » A definition is provided for "Joint Living - Working Quarters ", and reference to the "Extended Care" use is deleted, as it is the same as "Care Home" use. CECA GUIDELINES SECTION 15088.5 CEQA Guidelines §15088.5 requires that an EIR which has been made available for public review, but not yet certified, be recirculated whenever significant new information has been added to the EIR. Significant new information would be a showing that: (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance, (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. (4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. ENVIRONMENTAL ANALYSIS Of the changes identified above, the change that has the potential to affect the environment is the increase of the minimum building height to 4- stories and the maximum building height from 6- stories to 10- stories in the North Transit Node. The change in building height would not allow for additional intensity or a change in the development area. Since the development area and buildout projections for the HCP would not change, the related EIR analysis and findings would not change with regard to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation and traffic, and utilities. However, the increase in building height could result in some changes to the visual character or views in the area. Aesthetics The HCP EIR evaluated project impacts with respect to the visual quality and character of the site. The change in minimum and maximum stories in the North Transit Node would not deteriorate the existing visual character or conflict with any existing architectural characteristics specific to the area. Figure 5.1 -2, Conceptual Renderings, has been revised in the HCP and EIR to reflect the potential for a 10 -story building in the North Transit Node (see view of Harbor Boulevard at Westminster Avenue looking south). As shown, the changes would add increased scale and height to the area. However, buildings would still be required to meet the development standards and design guidelines in the HCP. For example, the HCP requires a 5 -foot setback to property line adjacent to all uses except single family residential, and a 15 foot setback to the property line for the first two stories with a 20 -foot setback above the second story. October 20141 Paget 75A -18 Changes to the HCP include an added setback of 30 feet to the property line above the send floor for buildings with seven or more stories adjacent to single family residential uses. The revisions proposed would continue to allow revitalization of the commercial corridor that would improve the existing visual quality, pedestrian access and safety, and attract business investment with a high level of architectural design. The changes are intended to enhance this aspect of the project by ensuring that new development within the North Transit Node takes full advantage of existing and planned transit opportunities. The changes are meant to create a true mix of land uses, instead of encouraging only high density residential uses. Furthermore, proposed buildings in the North Transit Node would continue to be subject to the design guidelines that specify massing, scale, corner treatment, roof treatment, building colors, and materials. In addition, frontage types and floor heights are specified to ensure that the proposed development is consistent with the City's goals for building form, character, and quality. New buildings in the North Transit Node are required to construct taller ground floors to maintain an attractive and consistent space, while also maximizing flexibility for current and future uses. The minimum and maximum setbacks create a consistent street scene, provide attractive landscaping, and provide a bufferfor pedestrians from street activity. Although changing the building height in the North Transit Zone from 4 to 10 stories would visually alter the area, it would not deteriorate the existing visual character or conflict with any existing architectural characteristics specific to the area. Impacts would remain less than significant. Public Outreach This new information did not deprive the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project. The City conducted a significant community outreach program starting early on in the development of the HCP. A maximum of 10 -story buildings were discussed in those community meetings. Residents provided meaningful input on the type, size, and height of buildings proposed within the HCP and North Transit Node. These comments informed many of the development standards and design guidelines that were incorporated into the HCP. As a result, the public has had a meaningful opportunity to comment on the HCP as revised. October 2014 1 Page 3 75A -19 75A -20 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 25, 2014 TITLE: PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR ENVIRONMENTAL IMPACT REPORT NO. 2014-01, GENERAL PLAN AMENDMENT NO. 2014-02, ZONING ORDINANCE AMENDMENT NO. 2014-01 AND AMENDMENT APPLICATION NO. 2014-02 FOR THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN Prepared by Melanie G. McCann /Ak. &,ti ea-- Interim Executive DirEUtor RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning k4anageF Adopt a resolution certifying Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014 -02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014 -01. Request of the Aaplicant The City of Santa Ana is requesting several actions to enact the new Harbor Mixed Use Transit Corridor Specific Plan. Specifically, the City is requesting certification of an Environmental Impact Report, amendments to the General Plan Land Use Element and Urban Design Element to change land use and urban form designations, and amendments to the Santa Ana Municipal Code (S.A.M.C.) to approve new design and development standards for the Harbor Corridor Mixed Use Specific Plan area. In addition, an amendment application is proposed to remove 120 acres from the existing Harbor Specific Plan boundaries and retain the underlying zoning designation for these properties of open space and residential land uses. 75A -21 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 2 Proiect Backaround The California Global Warming Solutions Act of 2006 (AB 32) mandated that the State adopt a plan to reduce greenhouse gas emissions (GHG). As an implementation component of AB 32 the State adopted the Sustainable Communities and Climate Protection Act of 2008 (SB 375) which targeted reductions of greenhouse gas emissions from passenger vehicles — the largest source of GHGs. This legislation required that each metropolitan planning organization adopt a Sustainable Communities Strategy (SCS) that integrates transportation, land -use, and housing policies to plan for the achievement of emissions targets for each region. The Southern California Association of Governments (SCAG) was the metropolitan planning organization charged with preparing the SCS for the region that includes Santa Ana. One of the goals of this effort is to ensure that regional transportation improvements are integrated with land use planning to ensure that new housing development, in particular, is located near transit in order to provide alternatives to private automobile transportation and, thereby, reduce greenhouse gas emissions. To that end SCAG adopted the 2012 -2035 Regional Transportation Plan /Sustainable Communities Strategy (RTP /SCS). This document identified areas throughout the region that are High Quality Transit Areas (HQTA). An HQTA is generally a walkable transit village or corridor that is within a half mile of a well - serviced transit stop or a transit corridor with 15- minute or less service frequency during peak commute hours, with the Harbor Corridor meeting this criteria. The Harbor Corridor currently offers OCTA's bus rapid transit Bravo system and the intersection of Harbor and Westminster will link to the Santa Ana /Garden Grove fixed guideway. In acknowledgement of this, the City of Santa Ana was awarded a SCAG Demonstration Project grant in order to fund innovative planning work that will result in reductions in vehicle miles traveled and resulting greenhouse gas emissions while providing the "co- benefits" of community livability, mobility, prosperity and sustainability. Finally, the State requires that cities, through their Housing Elements, identify land that can be zoned for housing development in order to meet projected population growth. These figures are provided to each city through the Regional Housing Needs Assessment (RHNA). The City's 2014- 2021 Housing Element identified the Harbor Corridor as a location suitable for future housing development and committed, through the Housing Element Implementation Plan, to re -zone this area no later than October 2014 in order to be in compliance with the State Department of Housing and Community Development. Although not yet adopted, the Harbor Corridor Plan also will further the goals of "Complete Streets" and active transportation that will be contained in the City's updated Circulation Element. 75A -22 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 3 Proiect Descriotion The Harbor Mixed Use Transit Corridor Specific Plan ( "Harbor Corridor Plan ") proposes a new land use and development vision along Harbor Boulevard, and would replace the existing 425 -acre North Harbor Specific Plan (NHSP) with a reduced plan area of 305 -acres generally along Harbor Boulevard. The previously- adopted NHSP also included 120 acres of property that was comprised of the Willowick Golf Course and single - family residential neighborhoods to the east of Harbor. These two areas are recommended to be removed from the plan and to have their zoning reflect the existing land uses of open space and R1 — single - family development. The adoption of the Harbor Corridor Plan will not affect these properties in any way. The guiding principles of this planning effort are to provide: 1. Expanded development opportunities that respond to transit investments. 2. A variety of safe and efficient travel choices. 3. Economic vitality and new opportunities for businesses and residents. 4. A sense of place. 5. Community health and wellness. Another important aspect of the plan is its emphasis on providing new street design to promote multi - modal transportation. The plan contains new design standards and cross - sections that will create wider sidewalks, reintroduce on- street parking in select locations, add bicycle lanes, improve crosswalk design, and reduce automobile travel lanes. One potential outcome of these efforts, and a stated goal of the plan, is to reduce traffic speeds along the street to improve the pedestrian and bicycle environment. The proposed project area is generally west of the Santa Ana River, with the Harbor Corridor Plan's northern and southern boundaries adjacent to the city boundaries of Garden Grove and Fountain Valley. Specifically, the project area is between Westminster Avenue and Gloxinia Avenue and parcels along Westminster Avenue, First Street and Fifth Street, one -half mile east of Harbor Boulevard (Exhibit 1). The majority of the proposed Harbor Corridor Plan project area is currently developed with a variety of commercial uses including auto sales, retail centers and religious institutions. Sixteen percent of the project area is residential in nature, 14 percent industrial, and five percent vacant land. Adjacent land is characterized by a mix of single family residences, mobile homes, multiple family residences, elementary schools, and the Santa Ana River to the east (Exhibit 2). 75A -23 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 4 To accommodate the Harbor Corridor Plan objectives, the City will amend the current Land Use Element and Urban Design Element of the General Plan to allow mixed land uses and changes in urban form, and amend the Zoning Code, Chapter 41 of the Santa Ana Municipal Zoning Code (SAMC). The existing general plan land use designations for the proposed project area is primarily commercial, as well as residential, open space and industrial (GC, LR -7, MR -15, IND, and OS). The existing zoning for the proposed project is primarily SP -2 (North Harbor Specific Plan), but also include other residential and open space zoning districts (R -1, R -2, and O) (Exhibits 3 and 4). Analvsis of the Issues Zonina Ordinance Amendment In order to accommodate the Harbor Corridor Plan, amendments to Specific Plan No. 2 of the Santa Ana Municipal Code will need to be processed. Per SAMC Section 41 -592, the Santa Ana Municipal Code establishes regulations for the creation of specific plans. The purpose of the specific plan is to protect the health, safety and general welfare of the City by encouraging the use of innovative planning concepts and principles, promoting and enhancing the value of properties, and encouraging orderly and attractive development within the project area. In 1994, the City adopted the North Harbor Specific Plan (NHSP or SP 2) to create a strong and viable commericial district along Harbor Boulevard, intending to capitalize on the area's proximity to Disneyland to the north. While the vision established in 1994 was to revitalize Harbor Boulevard, progress has been limited and commerical and entertainment land uses did not transition as planned. The proposed Harbor Corridor Plan creates a new vision for the area, introducing housing and higher intensity mixed use development opportunities near the existing Bus Rapid Transit (BRT) on Harbor Boulevard and future fixed guideway routes The proposed Harbor Corridor Plan allows for a minimum of 10 acres to be designated for residential use, as required to maintain a State certifed Housing Element requirement to provide adequate zoning for affordable housing opportunity sites. The land use and mobility components of the Harbor Corridor Plan provide a transit - supportive, pedestrian- oriented development framework, which thereby reduces vehicle trips and greenhouse gas emissions, supports the addition of new transit infrastructure and provides an economic development stimulus to the area. The proposed amendment to the existing North Harbor Boulevard Specific Plan (SP No. 2) (Exhibit 3), includes a revision to the existing Specific Plan boundaries, and includes a Land Use Plan, Development Standards, a Mobility Plan and Design Guidelines. The Harbor Corridor Plan divides the area within its boundaries 75A -24 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 5 into separate zones that are based on intensity that range from the most intense development and land use types to the least intense, with most zones providing for a significant mixture of land uses within them. Like the Transit Zoning Code, the Harbor Corridor Plan zones are based on development intensity (instead of land use zones and density) as the basis for regulating development. The Harbor Corridor Plan would allow for mixed -use development with an emphasis on residential and commercial uses that would allow development to occur per the following zone designations: ■ Transit Node (TN) District — This district is intended to provide standards for compact, transit - supportive, mixed -use and residential development with a focus on creating pedestrian activity on the street. With direct access to three BRT stations and proximity to a future fixed guideway station, this district allows for a wide range of building types including mixed use flex block, stacked flats, court yard housing, and live -work units. This district accommodates shops, restaurants and active commercial uses at the street level, with office and residential on the upper floors. The district allows for a variety of non - residential uses and a mix of housing types at medium to high intensities and densities, ranging in height from a minimum of three stories to six stories. ■ Corridor (CDR) District — This district is proposed for properties along Harbor Boulevard between BRT stations and intended to provide housing options and neighborhood serving uses within walking distance of a transit node. Mixed —use and non - residential projects are centered on key intersections, with residential and public /quasi - public uses as infill at mid -block locations. Building types include lined block, stacked flats, courtyard housing, row houses, and tuck -under units. Allowable building height would be between two to four stories. a Neighborhood Transitional (NT) District — This district provides standards for development that acts as a transition between single family residential neighborhoods to the north and south of First and Fifth Streets and the Corridor and Transit Node districts. Intended for the lowest scale of uses in the Harbor Corridor Plan, development is limited to residential, live -work or neighborhood serving commercial uses. Typical building height would be two to three stories. ■ Open Space (OS) District — This district identifies areas reserved for community parks and other open spaces. Allowable structures in this zone are limited to those necessary to support the specific purposes of the particular open space area such as sport -court enclosures and multi- purpose buildings in active parks, and trails. Other highlights of the Harbor Corridor Plan standards include the concept of reduced onsite parking requirement near transit hubs, and design features that promote pedestrian and bicycle friendly environments. Finally, the code establishes detailed development standards for building and parking location, building massing and open space, and regulates other architectural 75A -25 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 6 standards, such as a building's connectivity to the street that translate into increased quality of life for the building occupants and the community. By describing the standards in terms of what is allowed instead of what is prohibited, the standards provide more certainty to the potential developers resulting in less discretionary actions and a streamlined approval process. General Plan Amendment The City's Land Use Element of the General Plan serves as a long -range guide for land use and development in the City and facilitates growth reflecting the community's vision. The Harbor Corridor Plan provides for the introduction of new housing and mixed use infill development at a higher intensity than the existing commerical corridor. To accomplish this, General Plan Amendment No. 2014 -02 is proposed to change the land use designations in the Harbor Corridor Plan project area to District Center (DC) or Urban Neighborhood (UN) (Exhibit 4). Each of these two land use designations allow and encourage mixed use development to create a vibrant, active living environment. The District Center land use designation is proposed to align with the transit nodes, where higher intensity and density is encouraged in close proximity to transit stations. The intensity standard for the District Center ranges from a floor area ratio of 0.5 to 5.0, to reflect intensity of development allowed by the standards established in the Harbor Corridor Plan. Either vertical or horizontal integration of uses are permitted, based on consistency with the zoning district standards. Street connectivity is desirable, allowing for a high degree of walkability, transit options and other forms of transportation, including pedestrian and bicycle travel. The Urban Neighborhood land use designation will apply primarily to residential and mixed use areas, with pedestrian oriented commercial uses, schools and small parks. Urban Neighborhood will allow for a mix of residential uses and housing types, such as multi - family, townhouses and single family dwellings, with some opportunities for live -work, neighborhood serving retail and services, public spaces and uses, and other community amenities. Either vertical or horizontal integration of uses are permitted based on the zoning standards, with an emphasis on tying together the uses with pedestrian linkages and street frontages. The intensity standard for the Urban Neighborhoods ranges from a floor area ratio of 0.5 to 1.5. A total of 125 acres of land in the Harbor Corridor Plan is proposed to be designated as Urban Neighborhood. In addition, General Plan land use designations are proposed in conjunction with the areas reverting back to convention zoning, creating additional Medium Density Residential (MR -15) in keeping with the existing land uses and lot characteristics. In addition to the amendment to the General Plan Land Use Plan maps, various text and maps in the General Plan, the Land Use Element and Urban Design Element are proposed to be updated to reflect the buildout and urban form detailed in the Harbor Corridor Mixed Use Specific Plan, and maintain consistency with the City's General Plan vision (Exhibit 5). 75A -26 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 7 Amendment Application The majority of the 425 acre Harbor Corridor project area is currently within Specific Plan No. 2 (SP 2), and was included in the orginal North Harbor Specific Plan boundaries created in 1994. The proposed zoning amendment would remove 120 acres from the SP -2 zoning designation, primarily near the Willowick Golf Course, and change the zoning district for those properties to Single Family Residential (R1), Two - Family Residential (R2), or Open Space (0). These proposed zone changes are generally in keeping with the existing land uses and subdivision lot patterns. In addition, a few properties along Fifth Street currently zoned Community Commercial (C2) are proposed to be added to SP -2 boundaries (Exhibit 6). Environmental Impact Report The California Environmental Quality Act (CEQA) requires that, where there is the potential for environmental impacts as the result of a proposed project, an Environmental Impact Report (EIR) be prepared in order to study and analyze any potential environmental impacts, disclose such potential impacts to the public, and mitigate such impacts to the greatest extent feasible (Exhibit 7). As such, an EIR was prepared for the Harbor Mixed Use Transit Corridor Specific Plan. The environmental issues analyzed in the EIR include aesthetics, air quality, biological resources, cultural resources, hazards and hazardous materials, hydrology and water quality, land use, noise, population and housing, public services, transportation and traffic, utilities and service systems and global climate change, as well as the cumulative impacts associated with each of these resource areas. CEQA also requires that when a Draft EIR is submitted to the State Clearinghouse for review by state agencies, the public be given an opportunity to review and comment on the Draft EIR for a period of not less than 45 days. In accordance with this requirement the Draft EIR began its 45 -day public review and comment period on April 18, 2014, with the review period ending on June 2, 2014. In response to written comments received, the City provided formal Response to Comments and EIR clarification or revision. In addition to fulfilling CEQA's requirement for public review, the City conducted a public meeting on May 12, 2014 in order to allow the public to provide oral testimony on the Draft EIR. The City received a total of 11 written comment letters; and evaluated all comments received from the persons or agencies that reviewed the Draft EIR and has provided written responses to these comments in the Final EIR. In accordance with CEQA, each public agency that commented on the Draft EIR will be provided with a response to its comments at least 10 days prior to the final action by the City Council to consider certification of the EIR. The Draft EIR, comments and recommendations received on the Draft EIR, Responses to Comments, and revisions made to the Draft EIR in response to those comments constitute the Final EIR (Exhibit 8). 75A -27 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 8 While the Draft EIR determined that most potential impacts could be mitigated to a less than significant level, it did find that, under a long -term, full build -out scenario, implementation of the Harbor Corridor Plan would result in significant and unavoidable impacts to air quality (Exhibit 9). Findings of Fact Under CEQA, no public agency may approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each findings. The CEQA Findings of Fact prepared for this project (Exhibit 10) identify the written findings and rationale that staff recommends for adoption by City Council in accordance with the requirements of Public Resources Code Sections 21081 and 21085 and Sections 15091 of the State Guidelines for the Implementation of CEQA (CEQA Guidelines). Statement of Overriding Considerations CEQA requires the decision- making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project (CEQA Guidelines section 15093). r the specific economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and /or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. Because the proposed Harbor Mixed Use Transit Corridor Specific Plan would result in significant and unavoidable effects, a Statement of Overriding Considerations must be adopted. The Statement of Overriding Considerations prepared for this project explains the reasons that the substantial benefits of the adoption of the Harbor Corridor Plan outweigh the unmitigable environmental effects. Public Outreach An extensive public outreach campaign was conducted throughout the project to provide opportunities for all stakeholders to play a meaningful role in the development of the plan. Beginning in December of 2010 with an informational open house held at the Plumbers & Steamfitters Union Building there have been a total of 25 community meetings and public hearings. These meetings have ranged from large events, such as the Harbor Corridor and Idea Fair to small meetings with neighborhood associations. Outreach efforts were conducted in English, Spanish and Vietnamese with major mailings provided in all three languages and EIR 75A -28 No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 9 translators provided at all major events. Unique public engagement tools, such as; a bus guided tour; youth- oriented tools, such as the hands -on "City as Play" model; visual preference surveys that allow participants to choose pictures that best represent their vision; advertisements on bus benches along the corridor; and the use of the internet and social media were all employed to engage the community. In addition, staff had many personal one -on -one meetings and phone calls with all interested parties in order to better understand their concerns and incorporate their ideas. In addition to the above outreach efforts, over 3,800 notices were mailed to announce public hearings and availability of the draft Harbor Corridor documents, including notification of this meeting. This list is comprised of property owners, occupants and businesses in the project area, as well as within 500 feet of the project site. An electronic community message was also sent to a wide distribution of community organizations, neighborhood leaders and business interests one week before the public hearing. While there have been phone calls received throughout the course of this project, at the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. Staff did receive a phone call from one resident regarding the existing crime and loitering in the area, and that additional housing would attract more related issues. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (Create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective #4 (Support neighborhood vitality and livability). Conclusion Approval of this project will allow the City to remain in compliance with State requirements for Housing Element implementation and will further the implementation of state and regional mandates to improve transportation and land use planning, improve the jobs /housing balance and reduce greenhouse gas emissions. Adoption of the plan also will provide new opportunities for property owners in the plan area to re -use underutilized properties by providing a regulatory framework for new development. In addition, the adoption of the plan will allow for new transit opportunities for the City, as it will support the Fixed Guideway project by increasing ridership projections and providing a stronger linkage between transportation and land use. Finally, the adoption of the proposed discretionary actions will promote a strong active transportation environment, which will result in significant reduction of greenhouse gas emissions, improved public health as people walk and cycle more and the air quality improves, and a thriving business environment as people live, work, dine and shop in the same area. 75A -29 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 10 Based on the project analyses, staff recommends that the Planning Commission recommend that City Council approve and adopt the Environmental Impact Report No. 2014 -01 with corresponding Mitigation Monitoring and Reporting Program; and the CEQA Facts, Finding and Statement of Overriding Considerations; as well as General Plan Amendment No. 2014 -02, Zoning Ordinance Amendment No. 2014 -01, and Amendment Application No. 2014 -01 to enact the Harbor Mixed Use Transit Corridor Specific Plan. Melanie G. McCann, AICP Associate Planner MGM:jm M9REPORTS TMHarborWr14- 01gpa14 -02zoa14 -01 aa14 -01.pc Attachments: Exhibit 1 — Harbor Corridor Plan Vicinity Map Exhibit 2 — Existing Land Use Map Exhibit 3 — Proposed Harbor Mixed Use Corridor Specific Plan Exhibit 4 — Proposed General Plan Land Use Designations Exhibit 5 — Proposed General Plan Land Use and Urban Design Element Amendments Exhibit 6 — Proposed Zoning District Amendments Exhibit 7 — Final Environmental Impact Report Exhibit 8 — Response to Comments /EIR Revisions Exhibit 9 — Mitigation, Monitoring and Reporting Program Exhibit 10 — Finding of Fact and Statement of Overriding Considerations Exhibit 11 — Amendments to the Sectional District Maps 75A -30 Al GEV LAGRIX1Ml L} CR OGMMH ALR9D9�111AL m SNGLEFAMILYF DH AL -B F MNGMODIRCATION GC CO\V MEJTCR B fII M FAMILYF DEJ GS COMMEI]AL9 UTHMAIN M1 UC INDUS AL R3 MUM DMSI MULTI Ct OCMMUNITYCOMMMAL M2 HE4WINDUSMAL FAMILYf DBCE Cl-MD OJMM. COMMMAI MUS MDlSR MO MIUTAWOF TONS R2 S1BU NAFAR MS C2 GBJ LOCMMa AL 0 OPM 9ACE FE ldSQ@ ALFSTATE Q CENTRAL& NESS P �Fe ONAL. m 3 PCDE OFME T C A CBIIAAL&19NEaSAKI STNLLAGE HI] R NN®COMMUNIT'D OFMMr S' GPEKJFICf N C4 R NNM91 NGCBJ � RANN®f DBWLDE ORNEW GS AR ALCOMMEZ7AL HARBOR CORRIDOR PROJECT AREA — = 500 FEET 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 76AY34 -` ME&A �e ` daN EXISTING LAND USES ;1 HARBOR CORRIDOR PLAN 1000 Ffff 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 I rL Residential - m Auto Sales or Servicu _— z -. - I, Commercial - r i Intlushial "_' Golf Course - Open Space . rrA9 Public Vacant Q Pmlect Area - y City Ruundary I'r daN EXISTING LAND USES ;1 HARBOR CORRIDOR PLAN 1000 Ffff 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 I rL EXHIBIT 3 Proposed Harbor Mixed Use Corridor Specific Plan The exhibit referenced above can be viewed at the following locations: Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 City Hall - Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 • http:// www. santa-ana.org/ harborplan /HarborMixedUseCorridorPlan.asp 75A -33 HAZARD AVE LL r 5TH ST SANTA ANA W 1 ST ST o G w MCFADDEN AVE GARDEN GROVE T� Willi s Golf Course 1 n,; ;T Note: Streets not included G PA 2014 -02 � PROPOSED GENERAL PLAN LAND USE DESIGNATIONS �c�^ HARBOR CORRIDOR PLAN 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 M A LEGEND: -_ A - GC toLMR B - LMRtoDC C - INDtoDC �a I. D - MR to UN E - OS to MR F- LRtoLIN G - LMRtoUN H - LRtoMR -MR to DC J - GC to DC K - OS to UN GC to UN GC to DC Note: Streets not included G PA 2014 -02 � PROPOSED GENERAL PLAN LAND USE DESIGNATIONS �c�^ HARBOR CORRIDOR PLAN 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 M A City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997 -05): GPA 2014 02 upending) GPA 2007 -02 (June 18, 2007) GPA 2004 -06 (July 6, 2004) GPA 200008 (February 5, 2001) GPA 201401 (June 3, 2014) GPA 2007 -01 (March 19, 2007) GPA 2003 -02 (June 16, 2003) GPA 200003 (December 4, 2000) GPA 2011 -03 (March 19, 2012) GPA 200fi -01 (October 2, 2006) GPA 200301 (February 18, 2003) GPA 200002 (November 20, 2000) GPA 2011-02 (June 6, 2011) GPA 2005-01(December 5, 2005) GPA 2002-01 (September 3, 2002) GPA 1999 02 (October 18, 1999) GPA 201001 (June 7, 2010) GPA 2005 -02 (October 17, 2005) GPA 2002 -03 (August 19, 2002) GPA 1999 01 (August 16, 1999) GPA 2OW02 (July 20, 2009 GPA 2004 -01 (April 5, 2005, as passed by GPA 2001 -03 (February 19, 2002) GPA 199804 (October 5,1998) GPA 2007-03(May 18, 2009) the voters of Sarta Ana) GPA 200102 (January 7, 2002) GPA 1998 05 (September 21, 1998) GPA 200403 (February 2, 200� GPA 2004 -04 (July 19, 2004) GPA 2000-09 (May 7, 2001) GPA 199&01 (May 4, 1998) GPA M01 (May 5, 2008) EXHIBIT 5 Proposed General Plan Land U765Al136 Design Element Amendments 75A -36 LAND USE ELEMENT and employment center, are likely to result in continued development pressure. The City is the fifth largest Orange County city in terms of land area, consisting of 27.3 square miles. Of this total, 58 percent is devoted to residential development, 15 percent to commercial uses, 14 percent to industrial, 11 percent to public and institutional uses, and two percent to public parkland and open space. The City's overall distribution of land use and development reflects its maturity as a commercial, employment, and governmental center. —Historically ,000 acres of land in Santa Ana was is eurrenfly included in one Merged Redevelopment Project Area. Further, a 11,790 -acre area has been designated as a California Enterprise Zone and that desi ng ationwill ----- — effe ` --fi' expired on December 13, 2013 . The Enterprise Zone is designatien provideds businesses with tax incentives intended to promote business development and growth, in addition to creating jobs. The City has been permitted to continue to process Enterprise Zone vouchers for existing companies until December 31, 2014. Baf affhese °--`- "-- The City of Santa Ana has adopted a number of specific plans to provide greater direction, and consistently high quality development standards for projects in these areas. These specific plans were established for those areas of the City which would benefit from a comprehensive development scheme not otherwise possible under existing land use regulations. Santa Ana is served by five freeways: the Santa Ana Freeway (I -5), the Garden Grove Freeway (SR -22), the Costa Mesa Freeway (SR -55), the San Diego Freeway (I -405), and the Orange Freeway (SR -57). Planned freeway enhancements and other regional transit improvements will further enhance accessibility to the City. The City's central location in relation to the regional transportation network contribute to its continued growth and economic vitality. DEMOGRAPHIC CHARACTERISTICS To fully understand the City's land use and development trends, the demographic and socioeconomic characteristics of the community must be considered. Key demographic trends likely to affect future land use and development include the following: The City experienced a dramatic increase in population growth from 1970 to 1990 in spite of its "built -out" character. During this time period, the City's population nearly doubled while the County's population increased by only 25 percent. 75A -37 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT Reduce residential overcrowding to promote public health and safety. Policy 6.1 Support legislative and regulatory changes to laws and codes concerning safe occupancy standards. Policy 6.2 Support reducing the number of units in multiple - family developments by allowing the property owner to combine two or more units into a larger unit. Policy 6.3 Prohibit new development and building alterations which can readily be converted to improper occupancy. Policy 6.4 Target educational programs concerning overcrowding to tenants, owners, and property managers. Policy 6.5 Promote health and safety programs which address the occupancy of housing units and overcrowding. LAND USE PLAN The Land Use Plan is comprised of three components that direct and regulate land use in Santa Ana. These include a Land Use Map, development intensity standards, and adopted Specific Plans. These key components establish a framework for land use and development in the City. The Land Use Plan indicates the location, types, and extent of development and land uses throughout Santa Ana. It consists of a map which designates land use categories and their relative location, as well as development intensity standards for each category. The Land Use Plan is further supported by Specific Plans which correlate to the Land Use Plan. DEVELOPMENT INTENSITY STANDARDS As required by State law, the Land Use Element also establishes standards for development intensity. These standards ensure that the types of development permitted under each land use designation are well understood by the property owner, decision - makers, developer, and the general public. Development intensity refers to the size or degree of development possible within a particular land use category. The development intensity standard used for nonresidential development is floor area ratio, which is the ratio of the building's floor area to the total area of the lot on which the building is located. The development intensity standard for residential developments is "units per acre" which is a measure of the number of units allowed for each acre of land - with the exception of Metro East District Center, Transit Village District Center, Downtown District Center, Harbor Corridor District Center and Urban Neighborhood areas. To encourage a '" 75A -38 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT dynamic mixture of residential, office and commercial uses, within these areas both building intensity and residential density is based on floor area ratio and zoning development standards. In calculating either the allowable floor area or the allowable residential density, it is the City's policy to not allow upward rounding. The Land Use Plan is illustrated in Exhibit 2. Additional information concerningthe Land Use Plan and the land use designations is provided in Table 1 (Land Use Development Intensity Standards), and in the Appendix. Table 1 Development Intensity Standards Land Use Designation Residential Land Use Designations Density/Intensity Standards (dulacre - FAR)' Low Density Residential (LR -7) 7 dulacre Low - Medium Density Residential (LMR -11) 11 du /acre Medium Density Residential (MR -15) Mixed Use Land Use Designations District Center'(DC) 15 du/acre 90 du /acre and FAR 1.0 Other District Center (Midtown, MacArthur Place, etc.) FAR 1.0 -2.0 Downtown District Center FAR 3.0 Metro East District Center FAR 3.0 Transit Village District Center FAR 5.0 Harbor Corridor District Center FAR 5.0 Urban Neighborhood Transit Zoning Code Area FAR 0.5 -1.5 Harbor Corridor Commercial Land Use Designations Professional and Administrative Office (PAO) FAR 3 0 FAR 0.5 -1.0 General Commercial (GC) FAR 0.5 -1.0 One Broadway Plaza District Center (OBPDC) ^ Industrial Land Use Designations Industrial (IND) FAR 2.9 FAR OA5 Other Designations Institutional (INS) FAR 0.5 Open Space (0) FAR 0.2 Notes: The intensity standards shown refer to the theoretical maximum amount of development permitted for each land use designation (du- dwelling units; FAR -floor area ratio). Development must also adhere to zoning regulations, and /or specific plan requirements. The District Center and Urban Neighborhood land use designations permit both residential and non - residential development. 3 Commercial intensities may vary. Baseline FAR is 0.5. Specific areas allowing greater intensities are indicated in Exhibit A -3. One Broadway Plaza District Center land use designation permits office, restaurant and ancillary retail for a master planned development. *Refer to Appendix for description of Land Use designations. �0%\) CITY OF SANTA ANA GENERAL PLAN 75A -39 75 75A -40 Z YQ C Z U ZQ Q ZF Q O V N _ � a � � 75A -40 Z YQ C Z U ZQ Q ZF Q O V 0. y a 75A -41 w 0 LAND USE ELEMENT SPECIFIC PLANS The City of Santa Ana has also adopted three specific plan areas, shown in Exhibit 3, to provide greater direction in the development of these areas. As required by State law, these specific plans, indicated below, are consistent with the Land Use Plan. North - Harbor Mixed Use Transit CorridorBeuievard Specific Plan which promotes quality mixed use /residential eotntnereiftl development, and land use compatibility along Harbor Boulevard within a 3054 -5 acre planning area. Bristol Corridor Specific Plan which applies to a 3.9 -mile section of Bristol Street in the central portion of the City. Midtown Specific Plan which regulates development in the areas north of downtown and east of the Civic Center in order to create a thriving and integrated district for civic, cultural, and commercial activities. nu n• m ■i -� � ■ ■ ■ ! KIWI ��!I ►1! , � r 'llllf ■ III ` f (�` �• s: as S .,rem =rte Harbor Mixed Use Transit Corridor �� 9 Specific :l Bristol Corridor a �Irr � f � v" ♦I CITY OF SANTA ANA GENERAL PLAN 75A -42 79 LAND USE ELEMENT Exhibit 3 Specific Plans Harbor Mixed -Use Corridor Specific Plan ® Bristol Street Corridor Specific Plan ® Midtown Specific Plan 0 0.6 1.2 Miles �0%\) CITY OF SANTA ANA GENERAL PLAN 75A-43 21 LAND USE ELEMENT guidance for the purpose of ensuring navigable airspace is not impacted by future development in the City. REDEVELOPMENT PLANS Prior to the elimination of Redeveloping Agencies in California in 2011, aiAn estimated 5,185 acres (8.1 square miles) of land in Santa Ana is-earreatly-was included in one Merged Project Area. Prior to August 2004, this Project Area was divided into six separate redevelopment project areas as described below. Of this total, 9 percent (464 acres) is in residential use, 32 percent (1,678 acres) commercial, 40 percent (2,075 acres) industrial, with other uses accounting for the remaining 19 percent (968 acres). The following six redevelopment plans have been adopted: Santa Ana Redevelopment Plan. This plan which encompasseda 694 acres, was adopted in 1973 to revitalize the downtown area, improve traffic circulation, reestablish businesses, and stimulate private investment; North Harbor Boulevard Redevelopment Plan. Adopted in 1982, the Plan covereds 470 acres along Harbor Boulevard. The Plan for this area was adopted to define future development, and create design standards for new development in the area. Inter -City Commuter Station Redevelopment Plan. This plan, also adopted in 1982, focuseds on approximately 525 acres designed to provide for the development of a commuter rail station and to promote supporting uses. South Main Street Redevelopment Plan. Adopted in 1982, the plan applieds to 1,500 acres in one of the primary commercial and industrial districts of the City; South Harbor Boulevard/Fairview Street Redevelopment Plan. Adopted in 1982, this 1,085 acre plan covereds a key industrial area in the vicinity of Harbor Boulevard and Fairview Street; and Bristol Corridor Redevelopment Plan. Adopted in 1989, the plan promoteds the redevelopment of a 781 acres area along the Bristol Street corridor of the City. The location of the previously existing redevelopment project areas are shown in Exhibit A -1. A 75A -44 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT LAND USE PLAN IMPLEMENTATION To effectively achieve the broad range of goals outlined for the City's future growth and development, a variety of plans, programs, and regulations must be relied upon. This section of the Element discusses these tools, and how they correlate with implementation of the City's land use goals. DEVELOPMENT INTENSITY STANDARDS Table A -1 summarizes the development intensity standard for each ofthe General Plan designations, and provides land use distribution by acreage for the land use. The intensity standards for the categories permitting residential development are expressed in density, measured in "units per acre," or floor area ratio and zoning development standards in the case of certain Mixed Use land use designations. The intensity standards for non - residential development are expressed as "floor area ratio" or FAR. The FAR concept is illustrated in Exhibit A -3. The intensity standards in concert with the zoning and development standards regulate the massing, form and building size. Table A -1 Development Intensity Standards Land Use Residential Land Use Designations Density/Intensity Standards Low Density t du /acre Low - Medium Density 11 du/acre Medium Density Mixed Use Land Use Designations District Center 15 du/acre Other District Centers Midtown, etc. 90 du /acre and FAR 1.0 -2.0 Downtown District Center FAR 3.0 Metro East District Center FAR 3.0 Transit Village District Center FAR 5.0 Harbor Corridor District Center FAR 5.0 Urban Neighborhood TranaLZonirtg Code Area FAR 0.5 -1.5 Harbor Corridor Commercial Land Use Designations FAR 3.0 Professional /Admin. Office FAR 0.5 -1.0 General Commercial FAR 0.5 -1.0 One Broadway Plaza District Center* Industrial Land Use Designations FAR 2.9 Industrial Other Designations FAR 0.45 Institutional FAR 0.5 Open Space FAR 0.2 Notes: du - dwelling unit, FAR - floor area ratio * Residential development is not a permitted use. �0%\) CITY OF SANTA ANA GENERAL PLAN 75A-45 A -11 LAND USE ELEMENT The City established development intensity standards in 1988, for nonresidential land use designations. The standards measure intensity through the use of floor area ratios. The floor area ratios proposed for the City's major commercial corridors are expected to remain in place over the life of the Land Use Element. during - that time. Those areas of the City proposed for the most intensive levels of development include district centers, professional and administrative office districts, and several other commercial centers with a unique character, or special development concerns. Some of these areas correspond to those for which Specific Plans have been prepared. The proposed floor area ratio(s) for most of the City's commercial corridors allows structures of two to three stories with surface parking. The major development areas -the District Centers and Professional/Administrative Office Districts along Tustin Avenue and East First Street -allow mid -rise and high -rise buildings with structured parking. These areas are expected to generate the highest level of development activity in the City as centers of commerce. These areas are listed in Table A -2 and are shown in Exhibit A -4. The floor area ratios indicated in Table A -2 are the maximum building intensity allowed for development. Table A -2 Key Area- Floor Area Ratios Area Project /Area FAR 1 MainPlace 2.1 2 City Place 2.54 3 North Main Street 1.5 4 North Broadway 1.0 5 Museum Distrid 1.5 6 Hutton Development 1.0 7 Civic Center Specific Development Plan 1.0 8 Midtown Specific Plan 0.5 -1.0 9 Civic Center 1.0 10 Downtown 3.0 11 Orange County Register 1.15 12 Xerox Center Development 3.29 13 First StreeVTustin Avenue 1.0 14 Bentall Center Development 1.5 15 2720 Hotel Terrace Drive 1.0 16 1951 East Camegie Avenue 0.55 17 4040 West Carriage Avenue 0.47 18 Lake Center Development 0.72 19 South Coast Metro 1.0 20 MacArthur Place North 2.0 21 MacArthur Place South 1.0 22 Pac Tel Office 1.5 23 Metro East 3.0 24 Transit Village 5.0 25 Town & Country Manor 1.27 26 Harbor Mixed Use Transit Corridor A -72 75A -46 CITY OF SANTA ANA GENERAL PLAN E 0 75A -47 a z a i u a r O u N � E m N y � ❑ r C 0 J N 75A -47 a z a i u a r O u z 5 i u a r O u i 0. y h 75A -48 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single - family homes. This designation applies to a large proportion of the City 6 459.46,9660 acres) representing 47 percent of the City's total land area. The Low- Medium Density Residential (LMR -11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 420.64334 acres. The great majority of the land designated as Low - Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. Atotal of 370.8377.0 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple - family development projects. CITY OF SANTA ANA GENERAL PLAN 75A-49 A -19 LAND USE ELEMENT The General Commercial (GC) district applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 - 1.0, though most General Commercial districts have a FAR of 0.5. A total of 888.36 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; • Recreational, cultural, and entertainment uses; and • Vocational schools. General Commercial Districts have a floor area ratio of0.5 with the exception of the Mid -town area which has an floor area ratio of up to 1.0. One Broadway Plaza District Center is a separate land use designation as it has an F.A.R. of 2.9, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component. One Broadway Plaza is envisioned as a landmark professional office complex that will be a focal point in the Downtown Redevelopment area serving the Civic Center complex, Downtown, and Midtown urban areas. The City's District Centers and major development areas are shown in Exhibit A -5. Mixed Use The Land Use Plan provides for two distinct mixed use land use designations. These designations allow for both vertical and horizontal CITY OF SANTA ANA GENERAL PLAN 75A -50 A-21 LAND USE ELEMENT mixed use developments, with an emphasis on linkages to a range of transportation options: The District Center (DC) land use designation includes the major activity areas in the City. Seven areas of the City, totaling 646.7 524-.-;�-acres, are designated as District Center. The intensity standard for the District Center designation ranges from a floor ratio of 1.0 to 5.0. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high - rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within some District Centers are allowed at a density of up to 90 units per acre when developed as an integral component of master planned mixed use project. In Harbor Corridor, Metro East, Downtown, and Transit Village District Centers residential development intensity is based on a combination of floor area ratio and zoning overlay and /or development standards. Some District Centers serve as major retail and employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ana include the following: • The Main Place /City Place District Center includes a regional shopping center and office complex, as well as high intensity housing and mixed -use development. • The Museum District located between the Downtown and MainPlace /City Place District Centers is proposed as a major office/cultural center which will be developed over the next 15 to 20 years. The area will focus upon the expanded Bowers Museum, the Discovery Science Center and the construction of additional museums and cultural centers. • The Downtown District serves as one of the County's major employment and governmental operations centers complemented with a mix of residential, commercial, and services uses to enhance its urban vibrancy. Emphasis on streets that accommodate all modes of transportation, including mass transit, pedestrian and bicyclist is key in this urban setting. • The South Coast Metro District serves as a regional retail shopping area which includes a range of commercial services and office projects. • The MacArthur Place District Center contains an existing office/hotel complex and a proposed major mixed use project which A_22 75A -51 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT will include professional offices, supporting commercial, and mid and high -rise residential components. The Metro East District is envisioned as a vibrant urban village with a balance of office, residential, and service uses. Pedestrian and transportation linkages are key in this urban setting. The Transit Village District is envisioned as a vibrant intense urban village with a balance of employment centers, residential and service uses. Pedestrian and transit linkages to the Santa Ana Regional Transportation Center is key in this district. The Harbor Corridor Mixed Use Transit Corridor creates a vision for a more livable, sustainable setting through higher intensity housing and mixed use development, convenient access to transit, complete streets, and amenities that promotes active lifestyles. District Centers are considered to be the City's "major development areas." The most intense development in the City is targeted to these areas. The Tustin Avenue corridor is a major development area even though it is not a designated District Center. This area has developed over the years as a prime office corridor and employment area. The PAO designation facilitates the continued development of this area with high intensity, high quality regional office projects. The Urban Neighborhood (UN) land use designation applies to primarily residential areas with pedestrian oriented commercial uses, schools and small parks. The Urban Neighborhood allows for a mix of residential uses and housing types, such as mid to low rise multiple family, townhouses and single family dwellings; with some opportunities for live -work, neighborhood serving retail and service, public spaces and use, and other amenities. Either vertical or horizontal integration of uses is permitted based on zoning standards, with an emphasis on tying together the uses with pedestrian linkages and street frontages. Street connectivity is desirable, allowing for a high degree of walkablity, transit options, and other forms of transportation including pedestrian and bicycle travel. The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.(H4; with residential density based on a combination of floor area ratio and zoning development standards. A total of 271.1 1 q 8.1 acres of land in the City are designated Urban Neighborhood. Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly CITY OF SANTA ANA GENERAL PLAN 75A-52 A -23 LAND USE ELEMENT industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,152.8', acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: Light and heavy product manufacturing and assembly. Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 796.3 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,014.7 4-.944-8_ acres are included in this land use designation. Ofthis total, 358 acres of public park land is included in this land use designation. A -24 75A -53 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT Exhibit A-5 Major Development Areas 1 - MainPlace 2 - Museum District 3 - Downtown 4 - One Broadyway Plaza 5 - Southcoast Metro 6 - MacArthur Place 7- Tustin Avenue Corridor S - Metro East 9 - Transit Village 10 - Harbor Mixed -Use Corridor — • — City Limits 0 0.6 1.2 Miles CITY OF SANTA ANA GENERAL PLAN 75A-54 A -25 LAND USE ELEMENT Exhibit A -6 Specific Plans Harbor Mixed -Use Corridor Specific Plan ® Bristol Street Corridor Specific Plan ® Midtown Specific Plan 0 0.6 1.2 Miles CITY OF SANTA ANA GENERAL PLAN 75A -55 A-27 LAND USE ELEMENT SPECIFIC PLANS The City of Santa Ana has established Specific Plan areas to provide greater flexibility in the development standards contained in the City's General Plan and Zoning Ordinance. The Specific Plans were established for planning areas which would benefit from a comprehensive development scheme otherwise not be possible under existing land use regulations. These specific plans include: 1�FertlrHarbor Mixed Use Transit CorridorBon4ev"d Specific Plan applies to an approximately 30542 -5 -acre area Bottlevafd Redevelopment Plait, as well as a numbef of adjaeettf residential pareels. First aAdopted in 1992 and updated in 2014, the Specific Plan outlines the planned land uses and development standards for this area, as well as public improvements needed to support the anticipated uses. The Plan promotes vibrant residential and mixed use development along Harbor Boulevard, -and connections between activity areas and local transit opportunities, while striving to minimize incompatibility with adjacent residential uses. Bristol Corridor Specific Plan applies to the 3.9 -mile section of Bristol Street in the central portion of the City. This corridor includes a portion of the project area for the Bristol Street Corridor Redevelopment Plan. The Specific Plan utilizes the potential redevelopment of the corridor as an opportunity to upgrade the development character ofthe area, and to enhance the viability of commercial businesses. The process is being undertaken in coordination with the widening of Bristol Street. Midtown Specific Plan regulates development within the northern section of Santa Ana's downtown area in order to create a thriving and integrated district for civic, business, cultural and retail activities. The Specific Plan emphasizes the area's role as the urban center of the City through standards for development and urban design that promote pedestrian activity. The location ofthe three specific plan areas are noted in ExhibitA -6 in the Policy Plan. CITY OF SANTA ANA GENERAL PLAN 75A-56 A -29 LAND USE ELEMENT ZONING CODE The City's Zoning Code outlines development standards for buildings, site size, height, setbacks, lot coverage, minimum unit sizes, landscaping, parking, signs, fences, and other features. Table A -3 compares the zoning categories with the land use designations in the Land Use Plan. Table A -3 Correlation of Land Use Designations and Zoning Districts General Pian Land Use Designation Corresponding Zoning Districts Al — General Agriculture Low Density Residential RE — Residential Estate Rl — Single - Family Residential R1 — Single - Family Residential Low — Medium Density Residential R 1— 4000 — Small Lot Single Family Residential SO — Specific Development Rl — 4000 — Small Lot Single Family Residential Medium Density Residential R2 — Limited Multiple Family Residential SO — Specific Development P — Professional Professional /Admin. Office SO — Specific Development OZ — Overlay Zone P — Professional C1 — Community Commercial C1 — MD — Community Commercial /Museum Dist. C2 — General Commercial General Commercial District C4 — Planned Shopping Center C5 — Arterial Commercial CR — Commercial Residential SO — Specific Development SP — Specific Plan OZ — Overlay Zone P — Professional C2 — General Commercial C4 — Planned Shopping Center District Center C5 — Arterial Commercial CR — Commercial Residential SO — Specific Development OZ — Overlay Zone SP -- Specific Plan SO — Specific Development Urban Neighborhood OZ — Overlay Zone SP — Specific Plan M1 — Light Industrial Industrial M2 — Heavy Industrial SO — Specific Development Institutional 0 — Open Space GC — Government Center Open Space 0 — Open Space Source: Santa Ana Zoning Ordinance, as amended. A -30 75A -57 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT interagency Development Review Committee (DRC) to ensure consistent and comprehensive application of City regulations and policies for all projects. Redevelopment Plans. The City will apply redevelopment tools associated with the implementation of the adopted redevelopment plans, as appropriate. The City will encourage the further development of industrial, commercial, and residential projects in suitable locations to strengthen the City's tax and employment base. Special Studies. In certain instances, a special study may be required to address a particular issue. In these cases, a specific effort to identify staff resources needed to conduct the appropriate investigation and analysis will be identified. Zoning Code Review. The zoning code serves as a primary tool used by the City to regulate development. The City will develop a program to revise the Zoning Ordinance to ensure that development regulations and standards are consistent with community needs and high quality development. The City will initiate appropriate changes to the ordinance to ensure, where appropriate, conformity between the Land Use Element and Zoning Map. LAND USE PLAN BUILDOUT As indicated previously, the City of Santa Ana has been almost completely developed for many years. As a result, any new development will necessarily consist of redevelopment and infill development on the remaining vacant and underutilized parcels. Many parcels with nonresidential land use designations will never be developed to the maximum intensity permitted under the General Plan. Table A -4 indicates the development possible under the build -out of the Land Use Plan. The build -out for residential land uses considered two scenarios. Effective build -out for residential development is calculated by adding the ly +_%-68-units possible in the areas designated as District Center to the existing 74,588 units presently found in the City per Census 2000. Theoretical build -out for residential development considered the development possible if all ofthe areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build -out figure represents a more realistic estimate of future residential development. As indicated in Table A -4, three of the non - residential land use designations have a range in FAR intensities. For the non - residential land use designations, effective build -out considered the development possible under the lower range of FAR intensities while theoretical build -out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. CITY OF SANTA ANA GENERAL PLAN 75A-58 A -33 LAND USE ELEMENT As indicated in Table A -4, between 72,255 q4,4�56 to 91,481 4,44§housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout scenario are a reflection of the higher density multiple - family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless ofthe character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 33,678,013 47-,6-7 0 i square feet of commercial and office development, and 42,199,991 4,—square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. A -34 75A -59 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT Table A -4 Land Use Plan Build -out Capacities FAR—floor area ratio; d.u.= dwelling unit; s.f.= square feet (of floor ama). Acreage shown in table does not include roads in right -of -way. t Effective capacity for non - residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas. The Harbor Corridor District Center Metro East District Center, Transit Village District Center, Downtown Distri ct Center, and Urban Neighborhood areas allow a range of intensity for mixture of residential and non- residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 15,168 0 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. P Land use designation permits both residential and non - residential development. Build -out assumes 90% of land ama will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS land Use Map illustrated in Exhibit 2. � %1_Lj CITY OF SANTA ANA GENERAL PLAN 75 A-60 A -35 Intensity/ Effective Buildout' Theoretical Land Use Residential Acres I Dansftf Buildout Low Density Residential LR -7 7 du /ac 221 6 4 44546 du Low Medium Density Residential LMR -11 43&-7 du /ac 4-,7-74 420.6 4 627 du Medium Density Residential MR -15 8 du /ac 367 15 5 du Subtotal 7,276.7• 7 248.3 Non Res. 89,755 91 481 or Non-Res. 55,699 55 362 du Mixed Use District Center Res. Res. Downtown DC 62.5 FAR 3.0 2,057,824 sf 1,661 du 2,057,824 sf 1,661 du Metro East DC 98.3 FAR 3.0 3,245,185 sf 5,551 du 3,245,185 sf 5,551 du Transit Village DC 51.4 FAR 5.0 402,864 sf 2,761 du 402,864 si 2,761 du Harbor Corridor DC 125.0 FAR 1.0 1.836.155 sf 2,029 du 1,836,155 s 2,029 du Other' DC 309.5 90 du Me 11,955,583 sf 3,017 du 23,764,534 s 3,017 du FAR 1.0 -2.0 Urban Neighborhood UN 4'� FAR 0.5 -1.5 �8 4,47E ;24,249 4477 271.1 856.076 sf 4 771 du 856.076 s 4 271 du Subtotal 666:7 48,385,785 15 68 38;4 - 94;656 45 69 Commercial 91y8 18.710.393 sf 19790 du 32.162.638 -s 19790 du Professional & Admin. Office PAO 633.0 FAR 0.5 -1.0 13,787,219 sf 27,574,438 sf General Commercial GC 8, 6 FAR 0.5 -1.0 19.347.607 sf 38.695.202 sf One Broadway Plaza District Ctrs OBPDC 4.3 FAR 2.9 543,193 sf 543,193 sf Subtotal 4,78619 1 525.6 33,660`0? 33.678.013 sf ,""°"' 67.356.026 sf Industrial IND 215H FAR 0.45 42,199.991 sf 42.199.991 sf r Institutional' INS 796.3 FAR 0.2 -0.5 6,937,758 sf 17,344,394 sf Open Space OS 1,017.8 FAR 0.2 8,867,509 sf 8,867,509 sf Subtotal 1,814.2 1 15,805,267 sf 26,211,903 sf FAR—floor area ratio; d.u.= dwelling unit; s.f.= square feet (of floor ama). Acreage shown in table does not include roads in right -of -way. t Effective capacity for non - residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas. The Harbor Corridor District Center Metro East District Center, Transit Village District Center, Downtown Distri ct Center, and Urban Neighborhood areas allow a range of intensity for mixture of residential and non- residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 15,168 0 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. P Land use designation permits both residential and non - residential development. Build -out assumes 90% of land ama will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS land Use Map illustrated in Exhibit 2. � %1_Lj CITY OF SANTA ANA GENERAL PLAN 75 A-60 A -35 City of Santa Ana General Plan Urban Design Element 1998 City of Santa Ana Planning Division Adopted My 6, 1998 (Reformatted January 2010) This document includes revisions to the Urban Design Element adopted by City Council Date Pending (GPA2014 -02), March 19, 2007 (GPA 2007 -01) and as passed by the voters of Santa Ana April 5, 2005 (GPA 2004 -01). 75A -61 75A -62 URBAN DESIGN ELEMENT Exhibit 4 City Form Map District Neighborhoods Paths: Traveling Routes ® Nodes: Destination Points Focus Intersections: Local Apex ® Landmarks: Focal Points ® Gateways: Arrival Points City Limits I ) N 0 0.6 1.2 Miles r CITY OF SANTA ANA GENERAL PLAN 75A-63 21 �0%\) URBAN DESIGN ELEMENT Exhibit 7 Nodes Main Place Mall Main St. Concourse MacArthur Place Hutton Center South Coast Bristol Civic Center Downtown /4th St./Artist Village One Broadway Plaza Bowers Museum 10. Tustin Ave., South of 17th St. 11. Santa Ana Zoo 12. Centennial Park 13. Willowlck Golf Course 14. Bristol Marketplace 15. Rancho Santiago College 16. Regional Transportation Center 17, Metro East 18. Habor Corridor Plan CITY OF SANTA ANA GENERAL PLAN 75A-64 29 • — City Limits 0 0.6 1.2 Miles �0%\) ExhiW18 Focus Intersections URBAN DESIGN ELEMENT •. �I]F(iP YY ifl _ B i•3 WRMR A4 _ _ 6 .■ 4 c �e f '4 IV I Md 111 IMPA ST No 171h A. I! iprki up lmw }. F4..St WWFw St. Q r4 r pd CYC #Aw. ... City Ll"j% !. Mr R. w4(* Aw. IL ilni S ..M FLitc. lAd l Wn ST, wl Wa A' . K MY mw "mcwdt Ax. y (,"A" pfd 17M St FS HpixY. w,d 1 9 .� [M G1M!O G1 i. ErM Sl.rdirxew Sl s Mwd SI. wlEd.glu Aw I eW Yr il. IT 0 MAI -. f0. Fekwew St u4 EdYprr Ax 14114 W. � ,. Y 4LC1f ,1 L._. J •. �I]F(iP YY ifl _ B i•3 WRMR A4 _ _ 6 .■ 4 c �e f '4 IV I Md 111 IMPA ST No 171h A. I! iprki up lmw }. F4..St WWFw St. Q r4 r pd CYC #Aw. ... City Ll"j% !. Mr R. w4(* Aw. IL ilni S ..M FLitc. lAd l Wn ST, wl Wa A' . K MY mw "mcwdt Ax. y (,"A" pfd 17M St FS HpixY. w,d 1 9 6. iYwl Ayp.nO F.M# i. ErM Sl.rdirxew Sl s Mwd SI. wlEd.glu Aw 9. OrtirtN 4l.rCF.W Sf. 0 MAI -. f0. Fekwew St u4 EdYprr Ax 75A -65 URBAN DESIGN ELEMENT SPECIFIC PLANS AND OVERLAY ZONES Certain areas of the City are unique and these areas lend themselves to the development of a specific plan. Currently, specific plans have been prepared for three areas of the City and include the Bristol Specific Plan, the North Harbor Mixed Use Transit Corridor Specific Plan, and the Midtown Specific Plan. These Specific Plans advance General Plan policies to a higher level of detail not typically found in a general plan element. These Specific Plans, as well as the Metro East Mixed Use Overlay Zone, help to implement the Urban Design Element's objectives by applying urban design principles in future development these documents govern. A 75A -66 CITY OF SANTA ANA GENERAL PLAN URBAN DESIGN ELEMENT Seventeenth Street The Seventeenth Street corridor has been incrementally developed over the years and includes strip development and outdoor malls scattered along the length of the roadway In fact, these uses are so prevalent that they create segments of inconsistency. The entire length of this heavily traveled corridor has a tremendous potential to convey strong community images. The mixture of new and old, adjacent to one another, may provide an opportunity to define the public streetscape for the enjoyment of pedestrians and people traveling vehicles along the roadway. The segment of Seventeenth Street, between Grand Avenue and the Costa Mesa Freeway, provides a strong sense of place. The streetscape is strengthened by the consistency of one and two story structures flanked by a wide landscaped setback. The visual appearance of this has been seriously compromised, by the removal of street trees along the roadway. This corridor offers opportunities for several gateway elements intended to distinctly define and project the community's image at the regional level. Harbor Boulevard Harbor Boulevard, like Main Street, is a linear path composed of both commercial and industrial segments along its length. The commercial development is located between Seventeenth Street and Edinger Avenue and is characterized by an eclectic mix development, building styles and public improvements. There are no public spaces located along the corridor to create a positive visual impression. The industrial component, on the other hand, projects a better visual experience. The consistent building massing and streetscape features together create a park -like environment with good potential for an attractive path image. The vision created by the Harbor Mixed Use Transit Corridor Specific plan will promote a mix of land uses and streetscape improvement to transform this major path. Bristol Street Bristol Street is also a linear roadway and its character is similar to Seventeenth Street except for a narrower right -of -way. Bristol Street lacks sites with well defined character and buildings with interesting design features. The variety of building sizes, setbacks, and construction types along this corridor has been a challenge to creating a definitive character. The poor affinity between the various activities along this path also hinders opportunities to develop supporting pedestrian linkages because these activities do not complement each other. The Bristol Street Widening Project and Specific Plan promote the creation of continuous linkages between individual developments. The proposed characteristics of the new Bristol Street are such that it will become part of the adjacent districts rather than a district in itself. The rationale for this widening is CITY OF SANTA ANA GENERAL PLAN 75A-67 A-1 1 The challenge is to provide the goods and services demanded by people and to do it in such a way that enhances their living environment. �0%\) AA 2014 -01 PROPOSED ZONING DISTRICT AMENDMENTS HARBOR CORRIDOR PLAN - - -500 FEET 7-1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y 7LIiN, -0 - -�_ - -__ GARDEN GROVE - - - vEs"iN°TE'n PIE - w 17TH ST -- LEGEND: 1 = A- SP2toR2 B - C2 to SP2 - -- _ C- SP2 toR1 D- SP2 to0 SP2 HAZARD AVE C Willuwck �n Golf Course D STN ST' -- - A SANTA APIA S1 ST R c o e MCFADDEN AVE i FC, NTAIN VA LLE7 i EDINGER AVE _ AA 2014 -01 PROPOSED ZONING DISTRICT AMENDMENTS HARBOR CORRIDOR PLAN - - -500 FEET 7-1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y 7LIiN, -0 EXHIBIT 7 Final Environmental Impact Report The exhibit referenced above can be viewed at the following locations: • Santa Ana Public Library 26 Civic Center Plaza Santa Ana. CA 92701 City Hall - Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 • http:// www. santa- ana. org/ harbori)lan/ HarborPlanEnvironmentalDocs.asp 75A -69 EXHIBIT 8 Response to Comments /EIR Revisions The exhibit referenced above can be viewed at the following locations: • Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 City Hall - Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 • http:// www. santa-ana.org/ harborplan/ HarborPlanEnvironmentalDocs.asp 75A -70 EXHIBIT 9 Mitigation, Monitoring and Reporting Program The exhibit referenced above can be viewed at the following locations: • Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 • City Hall - Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 • http: / /www.santa- ana.org/ harborplan/ HarborPlanEnvironmentalDocs.asp 75A -71 EXHIBIT 10 Finding of Fact and Statement of Overriding Considerations The exhibit referenced above can be viewed at the following locations: • Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 • City Hall - Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 http: / /www.santa- ana.org/ harborplan/ HarborP[anEnvironmentalDocs.asp 75A -72 q MT-713 REVISE059ro7 Page 1 of 3 VI I O WESTMINSTER AV WESTMINSTER AV JIlt�lll� R= IL = ; D R2 q SO 0] $ O 45Pp R1 W _ m Az R1 R1 1 Q MI _ �= I zUMS'AEPrAV sullyvlgv FFIT _ _ wPE5505T �� F n` IS R+ Ri _ R1 'R1 r P1 Ri g Q Ri p MowBlmsgEAV 4'ogM q : =:: LL r Wpflus.BLVF v i~ 1� ZMOPXINeYOE qv__ i. / // i RI McpNINEeNE4V w.. 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Q an ELI IN �711�■ �I£ �v 1 ST ST 1 ST ST SECTIONAL DISTRICT MAP 9 -540 T ADOPTED BYTHE SANTAANA CITY COUNCIL, JULY 20.1959 BY ORDINANCE NS -381 60. b000 MINIMUMLOTACEAE Al GENERAL AGRICULTURAL GSM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOORAREARATIO END PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Ri SINGLE - FAMILY RESIDENCE OSTlM.TMM611EOIYa= SMrtPMN C14D COMMUNITY COMMERCIALWUSEUM DISTRICT MIT LIGHTINDUSTRIAL R2 TWO - FAMILY RESIDENCE .W80 aalai Wl®ivts]41 C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RS MULTIPLE - FAMILY RESIDENCE 1a�ta1¢fTVaWSUm ISATwE C9 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT QWYffi.TIWiMSTMLT M Nn9 -3]a C3 -A CENTRAL BUSINESS- ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE AD SPECIFIC DEVELOPMENT woe .NY TpENxO C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN IXSLIII...CACS P.uxxc9RlMlrw3a381p OR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT c:lmen. mn wvE vm �ES,1a1 ANxnO. aAl{OI XEILEC... NN.. .IANF -N0. PES�I A'1PE3. A 16 AA IN AAAN AA, SIN PAAW AA MI AA. 914 A AA.1 AA. E68 q . PAIW3 1. A daOi M.A1N NO. M9 N6-IM NEIIO] ...R5 X J]Q NR1R1 X N MS.IBY N3.IMS nbl&1 NSIW NS 1858 .S NO IAA N6193] NS101B X83131 .E.SULB X 63IN.1 n8385B TE➢Da1E 3 -1111 1 1111.3 I 1 611.6 C"'S, 1z+E33 s16M IS. jv,.N 1. j,'.. 1, '.. IS,., 1'. aJ]os B'M+a IAA.IPNk.NO 5321 5165 S.] AA]10 AA.IIB P.0.111 AA. 100 FA. 119 A.3B5 gA,B00 AA. 895 B1) A0.B33 aAS33 A H6119 NFJA .S4A N.A. X91P33 NS 1165 X61183 NS13B5 N8 -1]BB X HSJIOp H X3.1 <5] NE -1133 NS.IPB3 NSISEB XS -1515 N615zB N515]M N PDSPTE➢SMIE ST.1 6111 I3i6S3 II -1 &10 BJ.I] .18.11 618-)8 L748 1]-TB -1DIB 113fl 1 -1111 `.- SECTIONAL A ... - PREPARED BY THE PLANNING DIVISION - CITY OF SANTA ANA, CALIFORNIA q MT-713 REVISE059ro7 Page 1 of 3 VI I O WESTMINSTER AV Fh NA`e ❑ •111, % m K P3 m= Rl Of 5111 1, R3 Ry a All RS ? R3 RJ II ^ u AN R2 R2 o ��■ ISO ["s81 114IM RIVER il,Ill�l s-xtSM' SP3 1 €:2JI lIfP' 11[SP218 mid V- 1♦ ■� R m `Pr• R2 R2 R3 AT R2 =M 0. DO _ R2 21• 1011 [Bail 010 qsB :q III[IIR:D 1 ST ST —� 1ST ST WESTMINSTER AV MME 3 RA W ¢'.. > X RI < _ urx zr RI g ADOPTED BY THE SANTAANA CITY COUNCIL, JULY 20, 1959 BY ORDINANCE NS -3a1 R2 _ R1 iom ST �1 III .T nnc- IxxerN rT 6TH 11 IRD IT SECTIONAL DISTRICT MAP 10 -5 -10 SI IN TEST 1,I AA 1CV1 ADOPTED BY THE SANTAANA CITY COUNCIL, JULY 20, 1959 BY ORDINANCE NS -3a1 Al GENERAL AGRICULTURAL C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT fib .OT..'AG9 "6000 wINI... Lm AREA -S PARKING MODIFICATION -F FLOOR AREA RATIO PRO PLANNED RESIDENTIAL DEVELOPMENT I"IS NAP I6 THE oFRoAL 3EOROWL C1 COMMUNITY COMMERCIAL GC GOVERNMENTCENTER R1 SINGLE - FAMILY RESIDENCE ISTTIOT.W OFIN9cry OR SANTAANA ClWD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHTINOUSTRIAL R2 TWO-FAMILY RESIDENCE AlAxovwe IN SN""o"al wfia9.1 C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE - FAMILY RESIDENCE NERTS11BTVIATINBWPIBATquR C3 CENTRALBUSINESS NO MILITARY OPERATIONS R4 SUBURBAN APARTMENT 60PYUFINEORIONAI SITIIO..l STATT WPNO ms1o. C3A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE izxb C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SO SPECIFIC DEVELOPMENT " C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN wrv1nc66u1mvc.6e�c. OR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT N01 5157 15215 5265 Naye I 5559 1 5535 5655 5]41 .. 5910 11121 AA IAN %.NO SAT. AI - 1NIT AA916 M992 M98] M954 M1IX6 PA 1052 A41pG1 PA 9]1 ORO. I,SS N0. Nfi161 NSlfli NB110 N5510 N0403 NSS31 NS]02 N5807 N.10 N )15 1193 6 No I NS -I]]] "51909 N6-1563 NS1R NS1825 NS16I9 NS 10R NS1905 NS21N NS�4. N123 OPT80WTE TAry` 16559 12 -]59 3481 41]02 2dd] 1211&0] 2]ES 6 -]186' 12 -1]]] AGOPIEGW E 61P]6 ll -23-]G 221]0 5401 415% 1G -BG 12 -tA0 1020-00]590 61991 51699 IT, 5] SECTIC0NAL OISTRICT PREPARED BY THE PLANNING DIVISION MAP 10-5-10 CITY OF SANTA ANA, CALIFORNIA RE6.IAA I ANA .NO IVI 1,I AA 1CV1 RES HO NS24951I &293 Ne 58-02 17.1.02 IT162S141 N01 5157 15215 5265 1 5161 I 5559 1 5535 5655 5]41 .. 5910 63]5 SAT. AI - 1NIT AA916 M992 M98] M954 M1IX6 PA 1052 A41pG1 PA 9]1 ORO. I,SS N0. Nfi161 NSlfli NB110 N5510 N0403 NSS31 NS]02 N5807 N.10 N )15 1193 NSIY NSI3 NS -I]]] "51909 N6-1563 NS1R NS1825 NS16I9 NS 10R NS1905 NS21N NS�4. 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T aE ar 1 I A 4 veiirvfAV TT1rtI�rt�ev - -!Y- v SECTIONAL DISTRICT MAP 15 -5 -10 1STST '�' I ®y`3' Az 3 Al GENERAL AGRICULTURAL H - N SOUTH MAIN STREET COMMERCIAL DISTRICT PD CS Q -B PARKING MODIFICATION -F ? _ PRO PLANNED RESIDENTIAL DEVELOPMENT i J J R3 q1 i R1 � O Rl _ ' Cl -MD COMMUNITY COMMERCIAL - MUSEUM DISTRICT M1 PH s - R3 3 TWO - FAMILY RESIDENCE RESALNASAu oRa DBVCmcoAxcn DDxxO ]"" DAlE011- �3 -]a,l C2 s M2 IRI ` vnulTa cT� u HERENYATTESTXTm qAP lsamuE . �R cwAS x R1 R] MIUTARY OPERATONS R4 a AP Cr T6B GRI. EEDn..IImmT o ISS]o. C3 -p CENTRAL BUSiNESSARTISTS'VILJAGE X1 OPEN SPACE rwwa.r o i 4 i.•zy°h Rl m x AZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT IwgTE�aR as C5 ARTERIAL COMMERCIAL m,irtA.i:rn n PROFESSIONAL WU IT SPECIFIC PLAN Er =curNen�noR ou..mL.as,nwr...asD�c a4a x v`o Y�RI "T9 Rl PLANNED COMMUNITY DEVELOPMENT R1 xeaq fi Rl rIB 3D3] Gt AID a.umla nsr R1 Es IAA,IA.I( xa GEBBDN IT 3 Rt - R1 Rl CS Rl - C5 x N_... _ R' Rl _ _ PH R1 _ J _ ... _ ie Al z R1 Ri ° ?� Rl u 0.1,,. - RI oA j u J F L p_ Ri J "a Rt ` -2 Rl Rl x url zA 'Pill 'v LA TERN, , 4 v[axegy. T aE ar 1 I A 4 veiirvfAV TT1rtI�rt�ev - -!Y- v SECTIONAL DISTRICT MAP 15 -5 -10 • • ADOPTED BY THE SANTAANA CITY COUNCIL. JULY 2S 1959 BY ORDINANCE NS -3B1 60. 6060 mirvlmum wrAreCA EA Al GENERAL AGRICULTURAL C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOORAREARATO PRO PLANNED RESIDENTIAL DEVELOPMENT Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Rl SINGLE -FAMILY RESIDENCE RePis TREOmcutsecnaxgt Is TNEDm PI.SAANA Cl -MD COMMUNITY COMMERCIAL - MUSEUM DISTRICT M1 LIGHTINDUSTRIAL R2 TWO - FAMILY RESIDENCE RESALNASAu oRa DBVCmcoAxcn DDxxO ]"" DAlE011- �3 -]a,l C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL ft3 MULTIPLE- FAMILY RESIDENCE HERENYATTESTXTm qAP lsamuE C3 CENTRAL BUSINESS MO MIUTARY OPERATONS R4 SUBURBANAPARTMENT AP Cr T6B GRI. EEDn..IImmT o ISS]o. C3 -p CENTRAL BUSiNESSARTISTS'VILJAGE 0 OPEN SPACE RE RESIOENTAL ESTATE C4 PLANNED SHOPPING CENTER AZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT onxn C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN Er =curNen�noR ou..mL.as,nwr...asD�c OR COMMERCIAL RESIDENTIAL POD PLANNED COMMUNITY DEVELOPMENT rIB 3D3] a.umla Es IAA,IA.I( xa DDgE NE E. 1.1 IA H nxy Np 5 - 5501 SBIe - - SBiI SBR I-1 1111 N5895 V... 4111 TI X 6111] NSIIIB M 0i N5 tE ]l AI]-]1, I 1.1111 6'Em SECTICON.Ok IL PARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA t I7w] 75A -76 ROH — 09/16/14 RESOLUTION NO. 2014 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2014 -01, AND APPROVING MITIGATION MONITORING AND REPORTING PROGRAM, CEQA FINDINGS OF FACT, AND STATEMENT OF OVERRIDING CONSIDERATIONS PREPARED FOR THE PROPOSED HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (SP -2) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and Title XIV, California Code of Regulations, Section 15000 et. seq. (CEQA Guidelines), the City of Santa Ana has prepared an Environmental Impact Report (EIR) to analyze the environmental impacts of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2). B. An extensive public outreach campaign was conducted throughout the project to provide opportunities for all stakeholders to play a meaningful role in the development of the plan. Beginning in December of 2010 with an informational open house held at the Plumbers & Steamfitters Union Building there have been a total of 25 community meetings and public hearings. C. CEQA also requires that when a Draft EIR is submitted to the State Clearinghouse for review by state agencies, the public be given an opportunity to review and comment on the Draft EIR for a period of not less than 45 days. In accordance with this requirement the Draft EIR began its 45 -day public review and comment period on April 18, 2014, with the review period ending on June 2, 2014. D. In response to written comments received, the City provided formal Response to Comments and EIR clarification or revision. In addition to fulfilling CEQA's requirement for public review, the City conducted a public meeting on May 12, 2014 in order to allow the public to provide oral testimony on the Draft EIR. E. The City received a total of 11 written comment letters and evaluated all comments received from the persons or agencies that reviewed the Draft EIR. The City provided written responses to all agencies and members of Resolution No. 2014 -xxx 75A-77 Page 1 of the public commenting on the Draft EIR at least ten days prior to certification of the EIR. F. The Draft EIR, comments and recommendations received on the Draft EIR, Responses to Comments, and revisions made to the Draft EIR in response to those comments constitute the Final EIR. G. On August 25, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014 -02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014 -01. H. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) on September 16, 2014, and at that time considered all testimony, written and oral. I. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 16, 2014 accompanying this matter. J. The City has prepared Findings of Fact in compliance with Public Resources Code Sections 21081 and 21081.5 and CEQA Guidelines Section 15091 for every significant impact of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), including an explanation of the rationale for each finding. K. While the Draft EIR determined that most potential impacts could be mitigated to a less than significant level, it did find that, under a long -term, full build -out scenario, implementation of the Harbor Corridor Plan would result in significant and unavoidable impacts to air quality. L. The City has prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological or other benefits of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) outweigh the significant and unavoidable impacts identified in the EIR. M. The City has prepared a Mitigation Monitoring and Reporting Program in compliance with Public Resources Code Sections 21081.6 and CEQA Guidelines Section 15097 to ensure compliance with the mitigation measures identified in the EIR during project implementation and operation. Resolution No. 2014 -xxx 75A -78 Page 2 of 6 Section 2. The City Council of the City of Santa Ana further finds, determines and declares as follows: A. The City Council certifies that: 1) The Final EIR has been completed in compliance with CEQA. 2) The Final EIR was presented to the City Council of the City of Santa Ana, which reviewed and considered the information contained in the Final EIR prior to approving the project, and is incorporated herein by this reference as though set forth in full herein. 3) The Final EIR reflects the City of Santa Ana's independent judgment and analysis. B. The City Council adopts the Findings of Fact and Statement of Overriding Considerations, attached to this Resolution as "Exhibit A" and incorporated herein by this reference as though set forth in full herein. C. The City Council adopts the Mitigation Monitoring and Reporting Program, attached to this Resolution as "Exhibit B" and incorporated herein by this reference as though set forth in full herein. D. All attached documents, including the Mitigation Monitoring and Reporting Program, the CEQA Findings of Fact and the Statement of Overriding Considerations, are hereby incorporated by reference as though set forth in full. Section 3. Pursuant to Title XIV, California Code of Regulations (CCR), Section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The Harbor Mixed Use Transit Corridor Specific Plan (SP -2) exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2) and Title XIV, CCR § 753.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. This Resolution shall not be effective unless and until Resolution No. 2014 -xxx, Ordinance No. 2014 -xxx, and Ordinance No. 2014 -xxx become effective. If said Resolutions and Ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, this is Ordinance shall be null and void and have no further force and effect. 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, Resolution No. 2014 -xxx 75A-79 Page 3 of 6 subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Resolution shall take effect immediately after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan 0. Hodge Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. NS -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2014 -xxx 75A -80 Page 4 of 6 Exhibit "A" SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 10 Resolution No. 2014 -xxx 75A -81 Page 5 of 6 Exhibit "B" SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 9 Resolution No. 2014 -xxx 75A -82 Page 6 of 6 ROH — 09/16/14 RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LAND USE ELEMENT AND URBAN DESIGN ELEMENT OF THE GENERAL PLAN OF THE CITY OF SANTA ANA TO CHANGE THE LAND USE DESIGNATIONS IN THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (SP -2) TO DISTRICT CENTER (DC) OR URBAN NEIGHBORHOOD (UN) (GPA NO. 2014 -02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On August 25, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014- 02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014- 01. B. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) on September 16, 2014, and at that time considered all testimony, written and oral. C. General Plan Amendment No. 2014 -02 has been filed with the City of Santa Ana to change the land use designations in the Harbor Corridor Plan project area to District Center (DC) or Urban Neighborhood (UN). Each of these two land use designations allow and encourage mixed use development to create a vibrant, active living environment. The District Center land use designation is proposed to align with the transit nodes, where higher intensity and density is encouraged in close proximity to transit stations. The Urban Neighborhood land use designation will apply to primarily to residential and mixed use areas, with pedestrian oriented commercial uses, schools and small parks. In addition, General Plan land 75A -83 Resolution No. 2014 -xxx Page 1 of 5 use designations are proposed in conjunction with the areas reverting back to convention zoning, creating additional Medium Density Residential (MR -15) in keeping with the existing land uses and lot characteristics. D. Approval of General Plan Amendment No. 2014 -02 supports the City's efforts to meet Goal #3 Economic Development, Objective #2 Create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective #4 (Support neighborhood vitality and livability). E. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 16, 2014 accompanying this matter. F. For these reasons, and each of them, General Plan Amendment No. 2014- 02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. G. At the duly noticed public hearing held on September 16, 2014, the City Council, by resolution, certified that Final Environmental Impact Report No. 2014 -01, prepared for the proposed Harbor Mixed Use Transit Corridor Specific Plan (SP -2), was completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.), was presented to the City Council for review and consideration, and reflects the City of Santa Ana's independent judgment and analysis; and, approved the Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations. At the September 16, 2014, meeting, the City Council also adopted an ordinance approving amendments to various zoning designations (AA No. 2014 -01), and adopted an ordinance approving amendments to various zoning provisions of Santa Ana Municipal Code Chapter 41 (ZOA No. 2014 -01). This resolution incorporates by reference, as though fully set forth herein, the ordinances, resolution and the Final Environmental Impact Report, Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations, and all of their respective findings and conclusions in support of this resolution. Section 2. The City Council hereby approves General Plan Amendment No. 2014 -02. In addition to the amendment to the General Plan Land Use Plan maps, various text and maps in the General Plan Land Use Element and Urban Design Element are updated to reflect the buildout and urban form detailed in the Harbor Corridor Mixed Use Specific Plan, and maintain consistency with the City's General Plan vision. The General Plan Land Use Designations and General Plan Land Use and Urban Design Element Amendments are hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (GPA No. 2014 -02). 75A -84 Resolution No. 2014 -xxx Page 2 of 5 Section 3. This Resolution shall not be effective unless and until Resolution No. 2014 -xxx, Ordinance No. 2014 -xxx, and Ordinance No. 2014 -xxx become effective. If said Resolutions and Ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, this is Ordinance shall be null and void and have no further force and effect. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This Resolution shall take effect immediately after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan 0. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014 Miguel A. Pulido Mayor 75A -85 Resolution No. 2014 -xxx Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. NS -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 75A -86 Resolution No. 2014 -xxx Page 4 of 5 Exhibit "A" SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 5 75A -87 Resolution No. 2014 -xxx Page 5 of 5 75A -88 ROH — 09/16/14 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC PLAN NO. 2 OF THE SANTA ANA MUNICIPAL CODE (SP -2) AND ADOPTING THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (ZOA 2014 -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 hereby finds, determines and declares as follows: A. The changes to the zoning code are to facilitate the implementation of the Harbor Mixed Use Transit Corridor Specific Plan through the amendment of the existing North Harbor Boulevard Specific Plan (SP -2). The changes include a revision to the existing SP -2 boundaries, and includes a Land Use Plan, Development Standards, a Mobility Plan and Design Guidelines. B. On August 25,'2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014- 02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014- 01. C. The Planning Commission also recommended that the design of bicycle and pedestrian travelways be given additional consideration. Thus, the street cross - section designs were removed from the Plan and replaced with illustrative conceptual images, and text added that final design of the street cross - section will be determined during the process of the Public Realm Improvement Implementation Program. Other minor modifications to the Plan included the clarification of definitions for housing types, required bike parking, and the enhanced design of parking structures facing Harbor Boulevard. Ordinance No. NS -xxx Page 1 of 5 75A -89 D. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) on September 16, 2014, and at that time considered all testimony, written and oral. E. Zoning Ordinance Amendment No. 2014 -01 has been filed with the City of Santa Ana to adopt the Harbor Mixed Use Transit Corridor Specific Plan, which allows for mixed -use development with an emphasis on residential and commercial use that would allow development to occur per the following zone designations: Transit Node (TN) District; Corridor (CDR) District; Neighborhood Transitional (NT) District; and, Open Space (OS) District. Other highlights of the Harbor Corridor Plan standards include the concept of reduced onsite parking requirement near transit hubs, and design features that promote pedestrian and bicycle friendly environments. Finally, the code establishes detailed development standards for building and parking location, building massing and open space, and regulates other architectural standards, such as a building's connectivity to the street, that translate into increased quality of life for the building occupants and the community. F. Approval of Zoning Ordinance Amendment No. 2014 -01 supports the City's efforts to meet Goal #3 Economic Development, Objective #2 Create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective #4 (Support neighborhood vitality and livability). G. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 16, 2014 accompanying this matter. H. For these reasons, and each of them, Zoning Ordinance Amendment No. 2014 -01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. I. At the duly noticed public hearing held on September 16, 2014, the City Council, by resolution, certified that Final Environmental Impact Report No. 2014 -01, prepared for the proposed Harbor Mixed Use Transit Corridor Specific Plan (SP -2), was completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.), was presented to the City Council for review and consideration, and reflects the City of Santa Ana's independent judgment and analysis; and, approved the Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations. At the September 16, 2014, meeting, the City Council also adopted a resolution amending the City's general plan (GPA No. 2014 -02), and adopted an ordinance approving amendments to various zoning designations (AA No. 2014 -01). This Ordinance No. NS -xxx Page 2 of 5 75A -90 ordinance incorporates by reference, as though fully set forth herein, the ordinance, resolutions and the Final Environmental Impact Report, Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations, and all of their respective findings and conclusions in support of this ordinance. Section 2. Specific Plan No. 2 (SP -2) is hereby amended as set for in Exhibit "A" attached hereto and incorporated as though fully set forth herein (ZOA 2014 -01). Section 3. This Ordinance shall not be effective unless and until Resolution No. 2014 -xxx, Resolution No. 2014 -xxx, and Ordinance No. 2014 -xxx become effective. If said Resolutions and Ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, this is Ordinance shall be null and void and have no further force and effect. 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 J2014 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney BV: Ryan 0. Hodge Assistant City Attorney Miguel A. Pulido Mayor 75A -91 Ordinance No. NS -xxx Page 3 of 5 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify 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: Ordinance No. NS -xxx Page 4 of 5 Clerk of the Council City of Santa Ana 75A -92 Exhibit "A" SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 3 Ordinance No. NS -xxx Page 5 of 5 75A -93 75A -94 ROH — 10/07/14 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING CERTAIN PROPERTIES TO THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (SP -2) BOUNDARIES; AND, REMOVING CERTAIN PROPERTIES FROM THE SP -2 ZONING DESIGNATION AND CHANGING THE ZONING FOR THOSE REMOVED PROPERTIES (AA NO. 2014 -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. On August 25, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014- 02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014- 01. B. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) on September 16, 2014. At that meeting, the City Council continued the matter to October 7, 2014, so that the plan could be revised to reflect the City Council's new policy decisions. On October 7, 2014, the City Council continued the public hearing, and at that time considered all testimony, written and oral. C. Amendment Application No. 2014 -01 has been filed with the City of Santa Ana to remove 120 acres from the SP -2 zoning designation, primarily in and around the Willowick Golf Course, and change the zoning district for those properties to Single Family Residential (R1), Two - Family Residential (R2), or Open Space (0). These proposed zone changes are generally in keeping with the existing land uses and subdivision lot patterns. In addition, a few properties along Fifth Street currently zoned Community Commercial (C2) are proposed to be added to SP -2 boundaries. Ordinance No. NS -xxx 75A -95 Page 1 of 5 D. Approval of Amendment Application No. 2014 -01 supports the City's efforts to meet Goal #3 Economic Development, Objective #2 Create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective #4 (Support neighborhood vitality and livability). E. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 16, 2014, and the Request for Council Action dates October 7, 2014, accompanying this matter. F. For these reasons, and each of them, Amendment Application No. 2014 -01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. G. At the duly noticed public hearing held on October 7, 2014, the City Council, by resolution, certified that Final Environmental Impact Report No. 2014 -01, prepared for the proposed Harbor Mixed Use Transit Corridor Specific Plan (SP -2), was completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.), was presented to the City Council for review and consideration, and reflects the City of Santa Ana's independent judgment and analysis; and, approved the Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations. At the October 7, 2014, meeting, the City Council also adopted a resolution amending the City's general plan (GPA No. 2014 -02), and adopted an ordinance approving amendments to various zoning provisions of Santa Ana Municipal Code Chapter 41 (ZOA No. 2014- 01). This ordinance incorporates by reference, as though fully set forth herein, the ordinance, resolutions and the Final Environmental Impact Report, Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations, and all of their respective findings and conclusions in support of this ordinance. Section 2. Pursuant to the adoption of the Harbor Mixed Use Transit Corridor Specific Plan, 120 acres from the SP -2 zoning designation, primarily in and around the Willowick Golf Course, is hereby reclassified from SP -2 to Single Family Residential (R1), Two - Family Residential (R2), or Open Space (0). In addition, a few properties along Fifth Street currently zoned Community Commercial (C2) are hereby reclassified to be added to the SP -2 boundaries. Amended Sectional District Map numbers 9 -5 -10, 10 -5 -10, and 15- 5-10 showing the above described changes in use district designation, are hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2014 -01). Section 3. This Ordinance shall not be effective unless and until Resolution No. 2014 -xxx, Resolution No. 2014 -xxx, and Ordinance No. 2014 -xxx become effective. If said Resolutions and Ordinance are for any reason held to be invalid or Ordinance No. NS -xxx Page 2 of 5 75A-96 unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, this is Ordinance shall be null and void and have no further force and effect. 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 2014 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Ordinance No. NS -xxx 75A-97 Page 3 of 5 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 Page 4 of 5 75A -98 Exhibit "A" SEE PLANNING COMMISSION STAFF REPORT- EXHIBIT 11 Ordinance No. NS -xxx 75A-99 Page 5 of 5 75A -100 Correspondence received after 10/07/2014 City Council Meeting 75A -101 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Wednesday, October 08, 2014 10:26 AM To: Mitre - Ramirez, Norma; Trujillo, Rose Ann Cc: Orozco, Norma Subject: FW: Letter from James H. Eggart, City of Garden Grove re: EIR, etc. Attachments: SAAttorney @santa -ana org_20141007 091624.pdf Please include in packet with Harbor Plan item. Thanks! From: Haluza, Karen Sent: Wednesday, October 08, 2014 6:42 AM To: Huizar, Maria Cc: Hodge, Ryan Subject: FW: Letter from James H. Eggart, City of Garden Grove re: EIR, etc. Hi Maria, The City Attorney's Office received this letter from City of Garden Grove re: the Harbor Plan. For distribution to the City Council. Can go as part of their packet for Oct. 21. Thanks and let me know if you have any questions. Karen Karen Haluza, AICP Interim Executive Director— Planning and Building Agency City of Santa Ana 20 Civic Center Plaza — M20 Santa Ana, CA 92702 khaluza2santa- ana.ora P 714.667.2728 F 714.973.1461 www.santa- ana.org From: Gallardo, Liduvina Sent: Tuesday, October 07, 2014 10:14 AM To: Haluza, Karen Cc: Hodge, Ryan Subject: Letter from James H. Eggart, City of Garden Grove re: EIR, etc. Good morning Karen, sending to you per Ryan's request. Thank you. Lee 75AA 02 OCT -07 -2014 09:15 WOODRUFF SPRADLIN SMART kYtAWOODRUFF, SPRAD.LI,N & SMART A V e o( o Y, I C R, 1 C o r p o e a t I y R SUITE t200 $55 ANTON BOULEVARD COSTA MESA, CALIFORNIA 92626.7670 TELEPHONE: (714) 558.7000 FACSIMILE: (714) 835.7787 I)IRECI' FAX: (714)415.1162 E -MAIL: JEGGARTQWSS- LAW.COM FACSIMILE TRANSMITTAL FORM DATE: October 7, 2014 FROM: James H. Eggart 7148357787 P.001 ❑ CONFIDENTIAL ❑ URGENT RECIPIENT, FIRMICOMPANY T'ELGPHONE FACSIMLE Sonia R. Carvalho City of Santa Ana, City Attorney (714) 647.5201 (714) 647.6515 SENDER'S MESSACrE: ❑ Ploasc review and respond ❑ Pursuant to your request ❑ For your review and approval COMMENTS: I ORIGINAL WILL 13E SENT VIA: ❑ Service by facsimile ❑ For your information and file Is Transmittal by facsimilc 0 Mail ❑ Will not be sent ❑ Overnight Mail ❑ Messenger - -- WARNING TO RECIPIENT-- - USM QY "IYWY.. I NO) VIUUA4 ex 8MMYTD VMCH r IS ADDRDSSM, AM You, Clicnt(MattcrNwne: City of Garden Grove F(IcNo.: 7060-Di Total Pages (including this form)! 3 Timc Sent: NOTE: If you do not receive all pages, please call (714) 415 -1062 immediately RECEIVE: N0.0859 10/070fg =Y6311AM OCT- 07 -2Oi4 09:16 WOODRUFF SPRADLIN SMART 7148367787 P.002 kyj WOODRUFF, SPRADLIN & SMART October 6, 2014 VIA FACSIMILE AND E -MAIL Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 JAMES N� E00ART DD= DIAU (7 14) 415.1062 DMOT VAX: (714) 41S4 162 8 -MAIL; JW- OART@W53- LAW.COM Re: Environmental Impact Report No. 2014.01 General Plan Amendment No. 2014 -02 Zoning Ordinance Amendment No. 2014 -01 Amendment Application No. 2014.02 for the harbor Mixed Use Transit Corridor Specific Plan Dear Ms, Carvalhc: Thank you for your October 3, 2014 response to our September 12, 2014 letter on behalf of the City of Garden Grove ( "Garden Grove "). We appreciate the additional clarification provided in your letter. Garden Grove remains concerned, however, that the Open Space (0) District regulations that would now apply to the Willowick Golf Course (the "Property ") may not be applied in a manner that permits the full range of commercial recreational uses that are currently conditionally permitted on the Property, as previously represented to Garden Grove by Santa Ana officials. This includes, without limitation, a theme park with enclosed components. It is Garden Grove's understanding that the Santa Ana City Council does not intend to inadvertently downzone Garden Grove's Property in this way through its adoption of the proposed Ordinance. Although we continue to believe it would be mutually beneficial to clarify this point in the Ordinance, Garden Grove appreciates the time and energy Santa Ana has put into the adoption process for the Harbor Mixed Use Transit Corridor Specific Plan and does not wish to further delay that process, Garden Grove further recognizes that any future change in land use on the Property will require collaboration and cooperation between the Cities. On behalf of Garden Grove, we would like to thank the City of Santa Aria's, Staff and City Council for considering Garden Grove's concerns and interests, Garden Grove looks forward to working collaboratively with Santa Ana in planning for the future use and development of the Willowick Property. $55 A14T01 1 OVLFVAR4, SUrrC 1200 r COSTA MESA, CA 92626.7670 s (714) S5S -7000 ■ FAX (714) 835.7787 WWW.WSS- LAW.COM 1036263.1 RECEIVE; NO. 0a 59 10 /07It %A%T 10411AM OCT -07 -2014 09:16 WOODRUFF SPRADLIN SMART 7148367767 P.003 Sonia R. Carvalho City Attorney City of Santa Ana October 6, 2014 Page 2 Please share this letter with City of Santa Ana Staff and City Council Members. Very truly yours, WOODRUFF, SPRADLIN & SMART A Professional Corporation 4"MOAI) (%004 lfw� JA H, EGGAIt , ssistatitl t Attorney Ci f Garden Oro cc; Thomas R Nixon, City Attorney, City of Garden Grove Matthew J, Fcrtal, City Manager, City of Garden Grove Susan Emery, Assistant City Manager, City of Garden Grove 1036263.1 RECEIVE: NO. 0859 10/0771*A L[I 0511 AM TOTAL P.003 75A -106 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1319 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERALFUND) {STRATEGIC PLAN NO. 6, 1, G; AND 3, 2, C} '�- / - 4- Z CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16` Reading ❑ Ordinance on 2"" Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1319 North Bristol Street (APN 405 - 272 -14) declaring the public necessity and interest therefore. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The northern segment of the third phase of the project, between Washington Avenue and Seventeenth Street, is in the final design phase and construction is expected to start in early 2015. Improvements include widening Bristol Street from two to three lanes in each direction, new landscaped medians, wider sidewalks and landscaped parkways. These improvements will result in improved traffic flow, enhanced streetscape aesthetics, and greater mobility. The project will also provide better drainage from new storm drain improvements. To accommodate these improvements, acquisition of the entire parcel at 1319 North Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 12 months. A good faith offer was made on May 14, 2014, in the amount of $365,000. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Widening project schedule and meet the goal of commencing construction in 2015, staff is requesting adoption of the Resolution of Necessity and initiation of condemnation proceedings while negotiations continue. 75AA -1 Public Hearing & Resolution Authorizing Condemnation of Real Property for 1319 N Bristol Street October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Final Environmental Impact Statement / Environmental Impact Report (FEIS /EIR) (EIS No. 89 -01) approved in 1990 and in Addendum to FEIS /EIR adopted by council in June 3, 2014. FISCAL IMPACT There is no fiscal impact associated with this action Prel Mous vigour . Executive Director Public Works Agency FM /EWG /KN Exhibits: 1. Location Map 2. Resolution of Necessity 75AA -2 4 (NTS) 18TH STREET N 0 0 P N m NO IMPACT 17TH STREET 405-252-21 MATCHUNE SEE TOP RK3HT MATCHUNE SEE BOTTOM LEFT WASHINGTON AVENUE I LEGEND ant - SUBJECT PROPERTY x - ACQUIRED PROPERTIES EXHIBIT 1 SANTA ANA TITLE: arr COUNCIL PUBLIC HEARING - RESOLUTION P I�I� Q B AGENDA DA 6 AUTHORIZING CONDEMNATION OF REAL OCTOBER m. A4 PROPERTY AT 1319 NORTH BRISTOL STREET " (PROJECT NO. 116740 NONGENERAL FUND) 75AA -3 N W a J J 0 Z U OQ Z M r 405252-22 405-252-21 MATCHUNE SEE TOP RK3HT MATCHUNE SEE BOTTOM LEFT WASHINGTON AVENUE I LEGEND ant - SUBJECT PROPERTY x - ACQUIRED PROPERTIES EXHIBIT 1 SANTA ANA TITLE: arr COUNCIL PUBLIC HEARING - RESOLUTION P I�I� Q B AGENDA DA 6 AUTHORIZING CONDEMNATION OF REAL OCTOBER m. A4 PROPERTY AT 1319 NORTH BRISTOL STREET " (PROJECT NO. 116740 NONGENERAL FUND) 75AA -3 75AA -4 JXS/10/21114 ° RESOLUTION NO. 2014 -xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1319 N. BRISTOL STREET (APN 405 - 272 -14) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana on October 21, 2014, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made and whether said offer and statement/summary contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Repo rt/EnvironmentaI Impact Statement EIR No. 89 -01 and all Resolution No. 2014 -XXX Page 1 of 5 75AA -5 subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4 (c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain real property located at 1319 N. BRISTOL STREET (APN 405 - 272 -14) in the City of Santa Ana, California (the Property). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 4 above, including any and all leaseholds and related improvements for the purposes of the Phase 1116 of the Bristol Street Widening Project ( "the Project'). The location of the Project is between Washington Avenue and Seventeenth Street for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in said Property as described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code §41-781; California Code of Civil Procedure section 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and other applicable law. Resolution No. 2014 -XXX Page 2 of 5 75AA -6 JXS/10121/14 Section 7. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Real Property on September 10, 2013 and an updated offer on May 14, 2014. Section 8. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Properties described in Section 4 above. Section 9. That if any of the Property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 10. Said Property described in Section 4 above are located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 11. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 12. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 13. 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 2014. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: Jose Sandoval Chief Assistant City Attorney Miguel A. Pulido Mayor 75AA -7 Resolution No. 2014 -XXX Page 3 of 5 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2014 -XXX Page 4 of 5 Clerk of the Council City of Santa Ana 75AA -8 JXS/10/21/14 EXHIBIT "Ay" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT 16 OF NOBLE PARK TRACT NO. 2, TRACT 863, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 26, PAGE 30 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 405 - 272 -14 75AA -9 Resolution No. 2014 -XXX Page 5 of 5 75AA -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1321 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERALFUND) (STRATEGIC PLAN NO. 6, 1, G; AND 3, 2, C) CITY MANAGFJ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: Uft=ipr: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1321 North Bristol Street (APN 405 - 272 -15) declaring the public necessity and interest therefore. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The northern segment of the third phase of the project, between Washington Avenue and Seventeenth Street, is in the final design phase and construction is expected to start in early 2015. Improvements include widening Bristol Street from two to three lanes in each direction, new landscaped medians, wider sidewalks and landscaped parkways. These improvements will result in improved traffic flow, enhanced streetscape aesthetics, and greater mobility. The project will also provide better drainage from new storm drain improvements. To accommodate these improvements, acquisition of the entire parcel at 1321 North Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 12 months. A good faith offer was made on May 14, 2014, in the amount of $365,000. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Widening project schedule and meet the goal of commencing construction in 2015, staff is requesting adoption of the Resolution of Necessity and initiation of condemnation proceedings while negotiations continue. 75BB -1 Public Hearing & Resolution Authorizing Condemnation of Real Property for 1321 N Bristol Street October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Final Environmental Impact Statement / Environmental Impact Report (FEIS /EIR) (EIS No. 89 -01) approved in 1990 and in Addendum to FEIS /EIR adopted by council in June 3, 2014. FISCAL IMPACT There is no fiscal impact associated with this action Public Works Agency FM /EWG /KN Exhibits: 1. Location Map 2. Resolution of Necessity 75BB -2 Q (NTS) 18TH STREET m P P M NO IMPACT 17TH STREET 405252-21 • MATCHUNE SEE BOTTOM LEFT WASHINGTON AVENUE LEGEND: = - SUBJECT PROPERTY - ACOUIREO PROPERTIES EXHIBIT 1 SANTA ANA TITLE: n■ i,ii q . CITY COUNCOCTOBER zI, 2& IL PUBLIC HEARING -RESOLUTION r yy /� AGENDA DATE: AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1321 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERAL FUND) 75BB -3 e W i a w u � z J i zz i U Oa i a � i a z 0 m 405-25222 405252-21 • MATCHUNE SEE BOTTOM LEFT WASHINGTON AVENUE LEGEND: = - SUBJECT PROPERTY - ACOUIREO PROPERTIES EXHIBIT 1 SANTA ANA TITLE: n■ i,ii q . CITY COUNCOCTOBER zI, 2& IL PUBLIC HEARING -RESOLUTION r yy /� AGENDA DATE: AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1321 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERAL FUND) 75BB -3 75BB -4 JXS /10/21 /14 RESOLUTION NO. 2014 -xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1321 N. BRISTOL STREET (APN 405 - 272 -15) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana on October 21, 2014, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made and whether said offer and statement/summary contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report /Environmental Impact Statement EIR No. 89 -01 and all Resolution No. 2014 -XXX Page 1 of 5 75BB -5 subsequent addenda'. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4 (c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain real property located at 1321 N. BRISTOL STREET (APN 405 - 272 -15) in the City of Santa Ana, California (the Property). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 4 above, including any and all leaseholds and related improvements for the purposes of the Phase 1116 of the Bristol Street Widening Project ( "the Project'). The location of the Project is between Washington Avenue and Seventeenth Street for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in said Property as described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code §41-781; California Code of Civil Procedure section 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and other applicable law. Resolution No. 2014 -XXX Page 2 of 5 ., JXS/10/21/14 Section 7. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Real Property on September 10, 2013 and an updated offer on May 14, 2014. Section 8. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Properties described in Section 4 above. Section 9. That if any of the Property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 10. Said Property described in Section 4 above are located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 11. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 12. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 13. 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 2014. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney Jose Sandoval Chief Assistant City Attorney Miguel A. Pulido Mayor 75BB -7 Resolution No. 2014 -XXX Page 3 of 5 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2014 -XXX Page 4 of 5 Clerk of the Council City of Santa Ana JXS/10/21/14 `i LEGAL DESCRIPTION Real property In the CILy or Santa Ana, County of Orange, State OF Californla, descrlbed as fellows: LOT FIFTEEN (15) OF "NOBLE PARK NO 7, TRACT NO. 863 ", IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OP CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 25, PAGE 30 OF MISCELLANEOUS MAPS, RECORDS OP ORANGE COUNTY, CALIFORNIA. APN: 105- 272 -15 75BB -9 Resolution No. 2014 -XXX Page 5 of 5 75BB -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1429 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERALFUND) (STRATEGIC PLAN NO. 6, 1, G; AND 3, 2, C) CITY MANA R 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 Adopt a resolution authorizing the condemnation of the entire real property located at 1429 North Bristol Street (APN 405 - 252 -19) declaring the public necessity and interest therefore. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The northern segment of the third phase of the project, between Washington Avenue and Seventeenth Street, is in the final design phase and construction is expected to start in early 2015. Improvements include widening Bristol Street from two to three lanes in each direction, new landscaped medians, wider sidewalks, and landscaped parkways. These improvements will result in improved traffic flow, enhanced streetscape aesthetics, and greater mobility. The project will also provide better drainage from new storm drain improvements. To accommodate these improvements, acquisition of the entire parcel at 1429 North Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 12 months. A good faith offer was made on June 12, 2014, in the amount of $650,000. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Widening project schedule and meet the goal of commencing construction in 2015, staff is requesting adoption of the Resolution of Necessity and initiation of condemnation proceedings while negotiations continue. 75CC -1 Public Hearing & Resolution Authorizing Condemnation of Real Property for 1429 North Bristol Street October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Final Environmental Impact Statement / Environmental Impact Report (FEIS /EIR) (EIS No. 89 -01) approved in 1990 and in the Addendum to FEIS /EIR adopted by the City Council on June 3, 2014. FISCAL IMPACT There is no fiscal impact associated with this action / J A,,----- Fired ous vigour Executive Director Public Works Agency FM /EWG /KN Exhibits: 1. Location Map 2. Resolution of Necessity 75CC -2 Q (NTS) 18TH STREET 17TH STREET 6 405-252-21 f WASHINGTON AVENUE LEGEND - SUBJECT PROPERTY - ACQUIRE° PROPERTIES EXHIBIT 1 SANTA ANA TITLE. CITY COUNCIL PUBLIC HEARING — RESOLUTION P `I(I /� AGENDA SATE: AUTHORIZING CONDEMNATION OF REAL `r OCTOBER 21.2L PROPERTY AT 1429 NORTH BRISTOL STREET " (PROJECT NO. 116740 NONGENERAL FUND) 75CC -3 iV a a W u J i a O a a w m f 405-252-22 405-252-21 f WASHINGTON AVENUE LEGEND - SUBJECT PROPERTY - ACQUIRE° PROPERTIES EXHIBIT 1 SANTA ANA TITLE. CITY COUNCIL PUBLIC HEARING — RESOLUTION P `I(I /� AGENDA SATE: AUTHORIZING CONDEMNATION OF REAL `r OCTOBER 21.2L PROPERTY AT 1429 NORTH BRISTOL STREET " (PROJECT NO. 116740 NONGENERAL FUND) 75CC -3 75CC -4 JXS/10/21/14 " RESOLUTION NO. 2014 -xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1429 N. BRISTOL STREET (APN 405 -252 -19) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana on October 21, 2014, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made and whether said offer and statement/summary contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89 -01 and all Resolution No. 2014 -XXX Page 1 of 5 75CC -5 subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4 (c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain real property located at 1429 N. BRISTOL STREET (APN 405 - 252 -19) in the City of Santa Ana, California (the Property). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 4 above, including any and all leaseholds and related improvements for the purposes of the Phase IIIB of the Bristol Street Widening Project ( "the Project "). The location of the Project is between Washington Avenue and Seventeenth Street for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in said Property as described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code §41-781; California Code of Civil Procedure section 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and other applicable law. Resolution No. 2014 -XXX Page 2 of 5 75CC -6 JXS/10/21/14 Section 7. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Real Property on October 1, 2013 and an updated offer on June 12, 2014. Section 8. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Properties described in Section 4 above. Section 9. That if any of the Property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 10. Said Property described in Section 4 above are located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 11. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 12. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 13. 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 2014. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney 0 Jose Sandoval Chief Assistant City Attorney Miguel A. Pulido Mayor 75CC -7 Resolution No. 2014 -XXX Page 3 of 5 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2014 -XXX Page 4 of 5 Clerk of the Council City of Santa Ana 75CC -8 JXS/10121/14 EXHIBIT "A "` LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S. B. B. & M., IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF NORTH BRISTOL STREET DISTANT THEREON 835.02 FEET SOUTHERLY FROM THE CENTER LINE OF WEST SEVENTEENTH STREET, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LAND CONVEYED TO ELMD M. SUNDQUIST AND WIFE BY DEED RECORDED APRIL 12, 1938 IN BOOK 930, PAGE 526 OF OFFICIAL RECORDS, THENCE EASTERLY PARALLEL WITH THE CENTER LINE OF WEST SEVENTEENTH STREET 174.60 FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO BENNIE C, OLSON AND WIFE BY DEED RECORDED JUNE 28, 1939, IN BOOK 999, PAGE 291, OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LAND CONVEYED TO BENNIE C. OLSON AND WIFE 80,46 FEET, MORE OR LESS, TO THE SOUTH LINE OF LAND CONVEYED TO W. A. GREENLEAF BY DEED RECORDED DECEMBER 22, 1925 IN BOOK 619, PAGE 225 OF DEEDS; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LAND CONVEYED TO W. A. GREENLEAF 174.60 FEET TO THE CENTER LINE OF BRISTOL STREET; THENCE NORTHERLY ALONG THE CENTER LINE OF BRISTOL STREET 80,46 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, Resolution No. 2014 -XXX Page 5 of 5 75CC -9 75CC -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1601 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERAL FUND) (STRATEGIC PLAN NO. 6, 1, G; AND 3, 2, C) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I� Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1601 North Bristol Street (APN 405 - 252 -21) declaring the public necessity and interest therefore. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The northern segment of the third phase of the project, between Washington Avenue and Seventeenth Street, is in the final design phase and construction is expected to start in early 2015. Improvements include widening Bristol Street from two to three lanes in each direction, new landscaped medians, wider sidewalks, and landscaped parkways. These improvements will result in improved traffic flow, enhanced streetscape aesthetics, and greater mobility. The project will also provide better drainage from new storm drain improvements. To accommodate these improvements, acquisition of the entire parcel at 1601 North Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 12 months. A good faith offer was made on June 12, 2014, in the amount of $1,416,000. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Widening project schedule and meet the goal of commencing construction in 2015, staff is requesting adoption of the Resolution of Necessity and initiation of condemnation proceedings while negotiations continue. 75DD -1 Public Hearing & Resolution Authorizing Condemnation of Real Property for 1601 North Bristol Street October 21, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Final Environmental Impact Statement / Environmental Impact Report (FEIS /EIR) (EIS No. 89 -01) approved in 1990 and in the Addendum to FEIS /EIR adopted by the City Council on June 3, 2014. FISCAL IMPACT There is no fiscal impact associated with this action Public Works Agency FM /EWG /KN Exhibits: 1. Location Map 2. Resolution of Necessity 75DD -2 (NTS) 18TH STREET W m P P M NO IMPACT 17TH STREET MATCHUNE SEE TOP RK?MT MATCHLINE SEE BOTTOM LEFT w u w 0 u a z a z I 405252 -20 405- 252 -19 405 - 252.18 1 405-252.17 405 -272 19 405 272-18 ' 1 W LU j It W U ¢ O A ¢ � i Er m f 405- 252 -22 MATCHUNE SEE TOP RK?MT MATCHLINE SEE BOTTOM LEFT w u w 0 u a z a z I 405252 -20 405- 252 -19 405 - 252.18 1 405-252.17 405 -272 19 405 272-18 O 5 (n 405 272 -I5 in 405-272 -14 WASHINGTON AVENUE F TT- LEGEND - SUBJECT PROPERTY - ACOUIREO PROPERTIES EXHIBIT 1 SANTA ANA TITLE CRY COUNCIL PUBLIC HEARING - RESOLUTION gPWAAGENDA GATE: AUTHORIZING CONDEMNATION OF REAL OCTOBER 21, 2014 PROPERTY AT 1601 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERAL FUND) 75DD -3 LLI W VJ O 5 (n 405 272 -I5 in 405-272 -14 WASHINGTON AVENUE F TT- LEGEND - SUBJECT PROPERTY - ACOUIREO PROPERTIES EXHIBIT 1 SANTA ANA TITLE CRY COUNCIL PUBLIC HEARING - RESOLUTION gPWAAGENDA GATE: AUTHORIZING CONDEMNATION OF REAL OCTOBER 21, 2014 PROPERTY AT 1601 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERAL FUND) 75DD -3 75DD -4 JXS/1 0/21/14 RESOLUTION NO. 2014 -xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1601 N. BRISTOL STREET (APN 405 - 252 -21) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana on October 21, 2014, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made and whether said offer and statement/summary contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89 -01 and all Resolution No. 2014 -XXX Page 1 of 5 75DD -5 subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4 (c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain real property located at 1601 N. BRISTOL STREET (APN 405 - 252 -21) in the City of Santa Ana, California (the Property). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 4 above, including any and all leaseholds and related improvements for the purposes of the Phase IIIB of the Bristol Street Widening Project ( "the Project'). The location of the Project is between Washington Avenue and Seventeenth Street for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in said Property as described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code §41 -781; California Code of Civil Procedure section 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and other applicable law. Resolution No. 2014 -XXX Page 2 of 5 75DD -6 JXS/10/21/14 Section 7. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Real Property on October 1, 2013 and an updated offer on June 12, 2014. Section 8. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Properties described in Section 4 above. Section 9. That if any of the Property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 10. Said Property described in Section 4 above are located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 11. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 12. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 13. 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 2014. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: Jose Sandoval Chief Assistant City Attorney Miguel A. Pulido Mayor 75DD -7 Resolution No. 2014 -XXX Page 3 of 5 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2014 -XXX Page 4 of 5 Clerk of the Council City of Santa Ana 75DD -8 JXS /10/21 /14 EXHIBIT "A "` LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOTS 5 AND ] ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 3, PAGE 12 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. APN: 405- 252 -21 Resolution No. 2014 -XXX Page 5 of 5 75DD -9 75DD -10 u'p' gy REQUEST FOR COUNCIL ACTION gin; CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: COUNCIL AGENDA ITEM — RESOLUTION IN SUPPORT OF EXERCISING PROSECUTORIAL DISCRETION TO INDIVIDUALS WITH NO SERIOUS CRIMINAL HISTORY (STRATEGIC PLAN NO. 5, 6) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: riT •:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10/21/2014 Meeting not convened on 10/ /2014 FILE NUMBER due to unforeseen circumstances Council consideration of resolution as proposed by Councilmembers Benavides, Amezcua and Reyna. DISCUSSION Council Agenda Items are authorized pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5, Community Health, Livability, Engagement & Sustainability, Objective 6. Focus projects and programs on improving the health and wellness of all residents. FISCAL IMPACT There is no fiscal impact associated with this action. Attachment 85A -1 85A -2 09/24/14 SRC RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, IN ACCORDANCE WITH AND AS A COROLLARY TO SANTA ANA RESOLUTION NO. 2013 -023 EXPRESSING SUPPORT FOR COMPREHENSIVE FEDERAL IMMIGRATION REFORM, NOW FURTHER URGING IMMIGRATION CUSTOMS ENFORCEMENT, SECRETARY OF HOMELAND SECURITY JEH JOHNSON, AND PRESIDENT OBAMA TO PROTECT OUR FAMILIES FROM DESTRUCTIVE AND NEEDLESS IMMIGRATION DEPORTATIONS BY EXERCISING PROSECUTORIAL DISCRETION TO INDIVIDUALS WITH NO SERIOUS CRIMINAL HISTORY SUCH AS SANTA ANA RESIDENT SAMUEL SIXTOS A #095 - 735 -387 CURRENTLY DETAINED AT THE ADELANTO DETENTION FACILITY WHEREAS, the City Council of the City of Santa Ana, on May 20, 2013, unanimously approved Resolution No. 2013.023 in support of comprehensive federal immigration reform, attached hereto and incorporated by reference herein; and WHEREAS, in approving Resolution No. 2013 -023. the City specifically recognized the economic, social and cultural contributions immigrants bring to their communities and, in particular, to the City of Santa Ana, that family unity is a component of a strong economy, and re- unification of families has ben a key part of federal immigration policy for almost fifty years; and WHEREAS, the rise in deportations under the current immigration system harm living conditions of U.S. Citizen children of undocumented parents who have been deported or face deportation; and WHEREAS, the consequences of such separation of children from parents are cruel as they are left in situations of financial instability without parental guidance; and WHEREAS, it is necessary to exercise prosecutorial discretion to community members who are parents of U.S. Citizen children, do not have criminal records, and pose no threat to our country; and WHEREAS, Samuel Sixtos A #095735387 is a Santa Ana resident, is parent to Haydee Sixtos who is a 6 -year old U.S. Citizen child, has no major criminal record and poses no threat to society; and WHEREAS, Samuel Sixtos A #095735287 has immense congressional support from Congresswoman Loretta Sanchez (D- 46th), Congressman Alan Lowenthal (D-47 1h) CA State Senator Lou Correa and the entire CA Latino Legislative Caucus chaired by CA State Senator Ricardo Lara. 85A -3 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, California, hereby finds, determines and declares as follows: In accordance with and as a corollary to Resolution No. 2013 -023, expressing support for comprehensive federal immigration reform, now further urging Immigration Customs Enforcement, Secretary of Homeland Security Jeh Johnson, and President Obama to protect our families from destructive and needless immigration deportations by exercising prosecutorial discretion to individuals with no serious criminal history such as Santa Ana resident Samuel Sixtos A #095 - 735 -387 currently detained at the Adelanto Detention Facility. Section 2: The Clerk of the Council is directed to send this Resolution to the President of the United States, Secretary of Homeland Security Jeh Johnson, Immigration and Customs Enforcement Los Angeles Field Director David Jennings, and the Honorable Members of the 113th Congress representing the City of Santa Ana. Section 3: The Clerk of the Council shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of October 2014. APPROVED AS TO FORM: By: Sonia R. Carvalho City Attorney Miguel A. Pulido Mayor 85A -4 Resolution No. 2014 - Page 2 of —2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -_ 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 85A -5 Resolution No. 2014 - Page 2 of 2 FOOPM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: MI, CONSIDERATION OF OPTIONS ADDRESSING PROPOSED COUNTY ORANGE EMERGENCY SHELTER MULTI - SERVICE CENTER CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended FOR ❑ As Amended OF ❑ Ordinance on 181 Reading AND ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Consider options for addressing the proposed County of Orange emergency shelter and multi- service center. DISCUSSION Council agenda items are authorized pursuant to Santa Ana Charter Section 411. Pursuant to this section, any member of the City Council may place items on the City Council agenda to be considered by the City Council. Councilmember Sarmiento has requested that the City Council consider options to address community concerns expressed regarding the County of Orange emergency shelter and multi- service center proposed for 1217 E. Normandy Place. BACKGROUND In September 2013 the City Council adopted the Emergency Shelter and Transitional Housing Ordinance in furtherance of compliance with California's Senate Bill 2 which requires cities to identify zones where emergency shelters may be allowed by right. The City's ordinance allows for one multi- service center with a maximum of 200 beds within limited industrial zones. On July 15, 2014 the Orange County Board of Supervisors voted to approve a purchase and sale agreement for a property located within one of the permitted zoning areas at 1217 E. Normandy Place, beginning a 90 -day feasibility period. Escrow is not anticipated to close until January of 2015. Prior to this action, a community meeting was held on July 2, 2014 at Kennedy Elementary School to provide information on the requirements contained within the City's zoning ordinance related to emergency shelters and the County's proposed purchase of a facility in the area; however, the specific address of the facility was not released during the meeting due to the fact that real estate negotiations were still in progress. Following the Board of Supervisors' action on July 15, and concerned that the surrounding neighborhoods had not had sufficient notification and information about the impending purchase, 85AA -1 Emergency Shelter Options October 21, 2014 Page 2 community members organized an informational forum held on August 19, 2014 at Kennedy Elementary school to express their concerns about potential impacts of an emergency shelter at the proposed location. On September 30, 2014 staff provided a presentation to the Development and Transportation Council Committee which discussed the provisions of the City's emergency shelter ordinance, confirmed that the property selected by the County is within the permitted zone, and explained limitations on the City's ability to stop the establishment of the shelter at this location due to the County's preemption authority under state law. In order to provide an avenue to address the neighborhood's concerns, Counclimember Sarmiento requested information on potential actions that the City could take in regards to the County's proposed emergency shelter. Staff has identified the following two actions: • Adopt a resolution requesting inter - agency cooperation and community involvement— The City Council could request that a resolution be prepared that would establish a process for inter - agency cooperation between the City and the County, and that would establish a role for the involvement of the community in the further development of the emergency shelter. This action would be in alignment with the City's Strategic Plan. Adopt a 45 -day emergency moratorium — This option would establish a 45 -day period of time during which the provisions of the City's previously adopted emergency shelter and transitional housing ordinance would be set aside in order for further study to be conducted, thereby prohibiting the establishment of new emergency shelters. This would, however, not apply to the County due to the preemption authority previously described. This option would require that the City Council make findings that there was an imminent threat to the public health, safety and welfare resulting from the provisions of the previously- adopted ordinance. Given that there is little evidence to suggest that emergency shelters result in increased crime or other public safety impacts as evidenced by crime reporting data for the two existing shelters in Santa Ana (the Santa Ana Armory and the Salvation Army shelter), and in light of the fact that the Council made findings in September of 2013 that the adoption of the ordinance would not be injurious to the public health, safety and welfare, it would be difficult to make findings to the contrary at this time. Adoption of the emergency moratorium would require a super - majority vote of the City Council. This action would not be in alignment with the City's Strategic Plan. Should the City Council move forward with this option, the City would cease to be in compliance with state law regarding both the Housing Element and the requirements of SB 2. STRATEGIC PLAN ALIGNMENT The Strategic Plan contains two strategies relating to addressing the needs of the City's homeless population: Goal 1: Community Safety 85AA -2 Emergency Shelter Options October 21, 2014 Page 3 Strategy 1g — Participate and collaborate with government agencies and community groups to assist in reducing criminal behavior and providing resources for the homeless population. Goal 5: Community Health, Livability, Engagement & Sustainability Strategy 3d — Continue to implement the Emergency Shelter and Transitional Housing Ordinance (SB -2) to locate facilities for homeless shelters within the Light Industrial (M -1), Heavy Industrial (M -2) or Specific Development (SD) zones, which meet all of the required development and operational standards. FISCAL IMPACT There is no fiscal impact associated with this action. Karen A. Haluza Interim Executive Director Planning and Building Agency 85AA -3 CORRESPONDENCE 85AA -4 October 6, 2014 20111 OCT -b PM x!..53 CITY OF SANTA AINA CLERK OF l,0'11 `r�l TO: Mayor Miguel Pulido, Mayor Pro Temp Sal Tinajero, Council Members: Vincent Sarmiento, Michele Martinez, Angelica Amezcua, David Benavides, Roman Reyna C : City Manager David Cavazo City Attorney Sonia R. Carvalho RE: Agenda Item 85- B, City Council Meeting for October 7, 2014 Prepared Documentation — and materials on Agenda Item 85 — B for your review. Respectfully, Susana C. Sandoval, Member Community United for Environmental Justice Co -Chair for Santa Ana Healthy Neighborhoods Alliance, Resident of Wilshire Square 85AA -5 October 6, 2014 7014 OCT -6 P,.4 t(: 53 CITY OF SANTA CLERK Or P,()1.." "f TO: Mayor Miguel Pulido, Mayor Pro Temp Sal Tinajero, Council Members: Vincent Sarmiento, Michele Martinez, Angelica Amezcua, David Benavides, Roman Reyna RE: Agenda Item 85- B, City Council Meeting for October 7, 2014 DISCUSSION OF PROPOSED HOMELESS SHELTER, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO THE CITY'S EMERGENCY SHELTER ORDINANCE, MORATORIUM, AND THE OPPORTUNITY TO RESEARCH ALTERNATIVE SHELTER SITES {Strategic Plan No. 3, 31 - Councilmember Sarmiento) Thank you Council Member Vincent Sarmiento for placing Agenda Item 85B on the Agenda for October 7, 2014. We are providing the following documents for your review in reference to proposed Homeless Shelter located at 1217 E. Normandy Place (Ward 1) in Santa Ana. • Superintendent Rick Miller's letter to Shawn Nelson, dated August 22, 2014, opposing Normandy Place as a solution for Homeless Shelter Location. School District not engaged in decision making process and Dr. Miller was not informed of July 2, 2014 community meeting. Attachment # 1 • Councilmember Vincent Sarmiento's letter to Supervisor Shawn Nelson, dated August 28, 2014, opposing shelter location, and addresses problems with outreach and the process. Attachment # 2 • Request letter to be on Board of Supervisor's Agenda, for September 16, 2014 meeting, to reconsider location for proposed homeless shelter, dated Sept. 9th and hand delivered to Supervisor's offices. We never received a response, yes or denied. Residents, parents, business owners attended and spoke during public comments section. Shawn Nelson reduced 3 minute speaking policy to 2 minutes per speaker. There were five of us who requested to speak. Attachment # 3 • Letter to Supervisor Janet Nguyen to meet and discuss proposed homeless shelter at 1217 E. Normandy Place. Attachment # 4 • Response from OC staff regarding the request to Supervisor Nguyen to meet. Will not meet with us and has referred us to staff. *Also, councilman Sarmiento tried to schedule a meet and greet with Supervisor Nguyen at the proposed shelter location. As we understand, she will not do a meet and greet with us. Attachment # 5 85AA -6 Page 2. • Request for more information on cities that have established SB2 Zoning and list of all shelters providing services to OC homeless population to county staff from Susana C. Sandoval. Email to county staff, Juanita Preciado, dated Oct. 1, 2014. Attachment # 6 • Email to Karen Roper requesting Environmental Impact Report and federal environmental justice strategies as mandated by President Clinton in Executive Order dated 1994 ( important because federal funds are being used in connection with the project), emailed August 19, 2014. * These studies have not been done, and county received an Exemption for CEQA (CA Environmental Quality Act). Attachment # 7 • CEQA Notice of Exemption Approved, August 13, 2014. Attachment # 8 • Packet to Elected Officials with cover letter requesting stop to escrow/ homeless shelter location with several attachments documenting poor outreach to the community, and lack of community involvement in process: residents, parents at the surrounding 7 schools and business owners. Attachment # 9 • S82 Ordinance Service Providers /Stakeholders Meeting, May 23, 2012. Very important issues raised and best practice recommendations. Need to revisit these and see what has been accomplished and status on best practice recommendations. Of profound concern are: (1) Need for multiple locations and providers, (2) Find ways for cities to do their "fair share ", (3) What are the environmental safety issues?, (4) Has there been a meeting with business and industrial owners? *Additionally attendees did not include residents and parents, Civic Center Round Table — Homeless participants (from what we can understand from the names listed). We do not see the names of Tim Houchen, Carl Brown, Brizy May, or Massimo Marini - - -- individuals who are advocates for the homeless population (as per statements made — Voice of OC on June 16, 2014 and Register on July 15, 2014), or business owners from sectors throughout the city (as far as we can determine only providers of homeless shelters and service providers targeted for the homeless — all important but business owners from industrial areas and other sectors of city not included) . Attachment # 10 • Model Homeless Shelters and Multi Service Programs in the USA: (1) Path Making it a Home and Path Mall Multi Services — LA county and others, (2) Housing Works Program in Utah, (3) Pathway to Housing in a variety of states —for homeless who suffer from psychiatric disabilities, (4) Denver, 53,192 square foot Multi Service Health Center with 78 apartments to place homeless (59 one bedroom, and 19 two bedroom), and Illumination Foundation — Stanton Multi- Service Center and soon to open in Santa Ana, and places individuals and families in smaller housing units. 85AA -7 Page 3. ** The tendency nationally we are seeing is to -- establish interdisciplinary and multi - service centers that evaluate and places individuals - and families , into smaller housing programs -- -with continued services to effectively meet the needs of the homeless population. Attachment # 11 It is our hope that you will vote yes for the moratorium on the S82 Housing Ordinance. As residents, parents, business owners and school district officials — we have worked very hard to inform the county supervisors that the Homeless Shelter is a good idea in a BAD location for the reasons we have put forward. According to the Santa Ana Planning Commission Meeting date of July 8, 2013, only 20% of the Homeless population is estimated to be from Santa Ana (total estimated at 6, 939 and Santa Ana estimated at 1,388). Document prepared by Melanie G. McCann. It is time for all the cities in Orange County to step up to the plate and be a part of the solution to help our homeless population get off the street and move into a healthy and permanent living environment where they can thrive, and are treaty with dignity and respect. We recommend: 1. Establish a task force to look at other locations in Santa Ana and what is feasible considering the high density of our city - -- consider a centralized multi- service center downtown in a now vacant building (Building 16 or the OC Transportation Center — similar to the Path Mall, and investigate exemplary housing model programs that can be a fit for the Homeless Population needs in Orange County - -- and propose to the cities across the county. 2. Engage the other cities in Orange County to be a part of the solutions and commit to establishing homeless shelters -- -truly be a partner. * We have generated an email to Karen Roper inquiring about the subcommittee consisting of OC city managers and planners to engage their support for developing permanent housing options and other 10 Year Plan goals as well as the status for 5132 Zoning goals in their cities (as documented for a subcommittee on the County Agenda Staff Report, Dated Dec. 10, 2013, Subject: Ten -Year Plan to End Homelessness Status Report. Attachment # 12 Please mark your calendars for October 28, 2014 for the next Community Forum on this very important community issue. You will receive an invitation with the details. At the August 19th community forum we had more than 350 people attend. He q 0 woo, Page 4. Thank you Councilmembers: Michele Martinez, Vincent Sarmiento, Roman Reyna and David Benavides for attending. Sadly, we invited all of the OC Supervisors and no one attended; nor did anyone respond to our invitation to let us know if they were coming, or not attending. We are committed to working with you and the county to be a part of the solutions. We all live and/ or work in the city for more than 25 plus years. We want a better Santa Ana for everyone. On behalf of the Community United for Environmental Justice Planning Committee, Sincerely, Susana C. Sandoval, Resident of Wilshire Square, Co -Chair for Santa Ana Healthy Neighborhoods Alliance, Dora Lopez, Resident and Parent, Madison Park Veronica Orozco, Resident and Parent Eastside Patty McDonald, Business Owner on Normandy Place Robyn & Dana Dague, Business Owners on Normandy Place Selica Diaz, Resident Eastside, Parent, Apartment Manager and owner of property Irma Jauregui, Co - Chair of Santa Ana Healthy Neighborhoods Alliance, Board Member Santa Ana South Main Merchants Association, President of Wilshire Square NA Jose Rea, President of Madison Park Neighborhood Association Scott Bernard, Business Owner of Bernard Ventures Ginelle Hardy, Resident and Past President Heninger Park Neighborhood Association Adolfo Sierra, Secretary Madison Park Neighborhood Association Octavio Pina, Vice President Santa Ana South Main Merchants Assoc. Sharon Barlow, President Santa Ana South Main Merchants Assoc. Victor Becerra, Director UC Irvine, Community Outreach Program CC: City Manager David Cavazos, City Attorney Sonia R. Carvalho DRUM ' 201+1 UT -6 PM 11: 53 CITY OF SANTA ANA CLERK OF COU'14C:;f ATTACHMENTS cover letter 's 1- 12 85AA -10 Chairman Shawn Nelson Supervisor O' District Orange County Board of Supervisors Hall of Administration 333 W. Santa Ana Blvd. Santa Ana, CA 92701 Re: Proposed Homeless Shelter /Normandy Place Dear Chairman Shawn Nelson, There appears to be some confusion regarding our position on the proposed homeless shelter located at 1217 E. Normandy Place. I was informed of this proposal by Supervisor Nguyen in June along with one of our Board members (in a separate meeting). At that time, I voiced concern about the proposed shelter's proximity to Kennedy Elementary School and time potential for impacts on traffic. I was informed that there would be a new substation for the Santa Ana Police Department on the premises and that there would be an external contractor that would operate the facility. There was an explanation that the City of Santa Ana had declared an SB2 zone in the area that limited the location of the facility. At the beginning of July, I met with the City Manager of Santa Ana, and he discussed essentially time same proposal that was being forwarded by the Orange County Board of Supervisors. Again, I voiced some of my concerns but had the impression that this was more or less a "done deal," and the only discussion was regarding issues of implementation. I was not informed as to a date for a public comment meeting. 1, along with several Board members, the principal of Kennedy Elementary School, and District staff attended a community meeting on Tuesday night. At that time, there seemed to be statements and representation of correspondence from City and County officials that seemed to suggest that we, as a District, were not interested and concerned about the issue. Therefore, let me attempt to clarify our position on this matter. While we are greatly sensitive to the needs of our homeless citizens - - in fact, as a School District we sere 6,000 of these students and their families- - -we do not see this proposal as the preferable solution. Our concerns are probably broader than what I will represent here, but the following will at least give you a notion of our concerns: We are concerned about the proximity of this facility being less than 1000' from Kennedy Elementary School. Certainly, the school and community have voiced their concern for the safety of the children and safe travel routes - -and we would agree. However, we also have a functionality concern as the proposed loading of the facility was stated as 200 residents, which obviously can impact the capacity and studetu- loading of this school. 1601 E. Chestnut Ave., Santa Ana, CA 92701, (714) 558 -5501 BOARD OF EDUCATION Audrey Yamagam -Noji, Ph.D., President • Jose Alfredo HemSndez, J.D., mice President Rob Richardson, Clerk ^ John Palacio, Member - Cecilia "Ceci" Iglesias, Member 85AA -11 Proposed Homeless Shelter'Nonriandy Placc SAUSD - Pace 2 * As stated by parents from Kenncd}, along with students from Century High School, there are also questions regarding the possible interaction between students and the residents of the proposed 1217 L. biomiandy Place facility. It would seem that there are a number of assumptions made regarding this issue, yet once it occurs, there are likely to be few options. ® 1 u as informed that there was to be a police substation in association with this facility that would provide a variety of services. At the time, I raised the question of what was meant by "substation." as I have seen the implementation of such vat} front image alone to substance. Additionally, this week 1 "heard" a remark that there was a plan for a "substation." 1 have no idea if that is true: however, the point is that at a minimutu, there is confusion about the intention of a "substation" and what that might actually mean. ® "l here was also a discussion of an external contractor operating the Normandy facility. In both cases, 1 suggested that there be due diligence regarding the reputation of any possible contractor — including interviewing of current community stakeholders where they currenit% operate. a finally, it seems that proceeding with this matter mid - summer raises questions of transparency and the desire to engage the interests of parents and students is the process. Bottom line. so that there is greater clarity on this 'issue, we realize that the Ctty of Santa Ana has prerogative over the SB2 lone locations and sires. furthermore, we also realise that this is a decision that is in the hands of the Orange County Board of Supervisors. Clearly. we as the Santa Ana Unified School District do not play a role in this decision. I lowever, you should be aevare that we do NOT think that this is it good solution, and there are a number of problems a ith it. Additionally. location of this facility- in close proximity to ANY of our schools is problematic in our vice%. 'thank you for your Bute and attention to this matter. If we dill assist you with further input and dialogue vvidt you, we are more than happy to meet. cc_ Members. Orange County Board of Supervisors Members, SAUSD Board of education Counedmembers. City of Santa .kna 85AA -12 MAYOR Miguel A Pulido irJ74 wP&MIA-11,�a.ora MAYOR PRO TEM Sal Tinalero Ward 6 efnajaroosa o- ana.org COUNCIL MEMBERS Angelica Amezcua Ward 3 aamezcua(o'lsgg(@_rypa arg P. David Benavides Ward 4 dbenavides@santa:gna ora. Michele Martinez Ward 2 rarna ii a sa r a-ana.org Roman Reyna Ward 5 rjpy.na sa t3- ann<oyg Vincent F. Sarmiente Ward 1 ambanto(abanta- ana.om CITY ATTORNEY Sonia R. Carvalho August 28, 2014 The Honorable Shawn Nelson County Board of Supervisors 333 W. Santa Ana Blvd. Santa Ana, CA 92701 �7&l reo MY SANTA, ANA 70116 OTT _6 PM t): 53 Re: Property at 1217 E. Normandy Place Dear Chairman Nelson: CITY ^ ryO SANTA ANIh CI..4:.RK O 1.�Il.i ; 'l Please allow this letter to address the Orange County Board of Supervisor's ( "Board ") intended acquisition of the property located at 1217 E. Normandy Place, Santa Ana, CA 92705 for the proposed purpose of constructing a 200 -bed, multi- service center and emergency shelter ( "Shelter ") for the homeless, As the Councilmember that represents Ward 1, wherein the Shelter is proposed, I want to first thank you for your commitment to curing the homeless problem in our County. The adoption of the County's 10 -year Plan to End Homelessness, and the establishment of the Commission to End Homelessness are two critical and necessary steps. As you are well aware, the City of Santa Ana has borne much of the County's burden in providing space for resources and delivery of services for the County's homeless population. We have one of only two Armory Emergency Shelters in the County that provides 400 beds for eight months during the year. As you are also personally aware, there is a large homeless population that gathers in the City's Civic Center area. Therefore, it is clear that our City has demonstrated its willingness to help those less fortunate in our community. Unfortunately, relative to other cities in the County, we clearly contribute a disproportionate amount of effort to deliver services and house the County's homeless population. Although I share your desire to help resolve this pervasive problem that affects so many of our friends, family and neighbors in our community, I must disagree with the Board's selection of the site for the proposed shelter. Unfortunately, the dilemma raised by the proposed site for the Shelter is the classic case of the "ends not justifying the means." As policy makers, we must always be sensitive to the people we serve and represent. On August 19, 2014, 1 attended a community -led forum to discuss the proposed Shelter on Normandy Place. More than 300 people that reside and own businesses near the proposed site attended. It was clear that those most impacted by the CITY MANAGER CLERK OF THE COUNCIL David Cavazos Maria. D. Huizar 20 CIVIC PLAZA . � �6 A CALIFORNIA 92702 TELEPHONE (7 647-- 69-Ad4 www.senta - Chairman Sean Nelson County Board of Supervisors August 28, 2014 Page 2 secondary impacts of the proposed Shelter were adamantly opposed to the site selection. They were most concerned that the presence of a Shelter, in a neighborhood already facing issues of poverty, density, lack of open space, and other public safety concerns, would only escalate the existing difficult conditions previously mentioned. Additionally, it was also clear that most of the residents that live nearest to the proposed Shelter felt ignored and marginalized by the public outreach efforts made. As we know, simply following the "protocols" or "black letter" requirements for purposes of notice does not always render the most effective results. Here, although notices were sent to property owners two weeks prior to the County's only Community Forum to discuss the Shelter, a cursory review of the area surrounding the Shelter clearly shows that the vast majority of the residents are renters in multi- family complexes. Notices to these residents were mailed only three business days prior to the Community Forum. As a result, the most impacted residents were not given sufficient notice of the Community Forum because they were tenants, not property owners. Moreover, the County's sole Community Forum was scheduled on July 2, 2014; only two days before a long holiday weekend. Not surprisingly, the Forum was poorly attended, and therefore did not produce for the Board accurate findings to base its decision to acquire. However, more importantly, it gave the appearance that the County's only effort to engage the community, and give the neighbors an opportunity to be heard, was simply a veiled attempt to circumvent the public's Input. Finally, I forward this written correspondence to your attention in hopes that your will reflect on the responsibility you have to all our County's residents; especially those most near the proposed Shelter. I urge you to reconsider your site selection and approach to addressing the needs of the County's homeless without further impacting our most vulnerable communities. Sincerely, Ate' v Vincen Sa iento Councilmember C. County Board of Supervisors Senator Lou Correa Congresswoman Loretta Sanchez Assemblymember Tom Daly Mayor and City Council 85AA -14 Community United For Environmental Justice 7.f41U _6 S3 September 9, 2014 Chairman Shawn Nelson, Supervisor Fourth District Vice Chair Patricia C. Bates, Supervisor Fifth District Janet Nguyen, Supervisor First District John M.W. Moorlach, Supervisor Second District Todd Spitzer, Supervisor Third District Orange County Board of Supervisors Hall of Administration 333 W. Santa Ana Blvd. Santa Ana, CA 92701 CITY O� F S fitAl'i'A Re: Board Meeting on Tuesday, Sept. 16, 2014. Request to be on the Agenda for proposed Homeless Shelter at 1217 E. Normandy Place, Santa Ana 92705 Dear Chairman Shawn Nelson and Supervisors Patricia Bates, Janet Nguyen, John M.W. Moorlach, and Todd Spitzer: The Community United for Environmental Justice requests that the proposed Homeless Shelter located at 1217 E. Normandy Place be placed on the agenda for Tuesday, September 16, 2014 Board meeting. Superintendent Dr. Rick Miller of the SAUSD sent you a letter dated, August 22, 2014, opposing the location of the shelter - -- presenting concerns in detail and affirming that the SAUSD did not play a role in the decision. Councilmember Vincent Sarmlento submitted a letter to you on August 28`h opposing the location of the Homeless Shelter - -- also presenting in detail community concerns, issues and the weakness in community outreach (citing the meeting that was scheduled July 2 "d —a holiday weekend). Many of us did not receive the information, or received very late. The email sent on June 26"' or hard copies were received on July 1" It is important to reconsider the decision since there are many concerns with the location and the process to inform constituents. Please contact us at the information provided below with your response by Thursday, September 11, 2014. Respectfully, Dora Lopez Susana C. Sandoval Members, Community United for Environmental Justice ( Dora Lopez -714 664 – 0484, Iopez4O80 @yahoo.com) ( Susana C. Sandoval - 714 543 – 5259, suzie.csandoval @gmaiLcoin) cc: Dr. Rick Miller, Superintendent SAUSD, Board of Education; Audrey Yamagata -Koji, Ph.D., Alfredo Hernandez, J.D., Rob Richardson, John Palaclo, Cecilia Iglesias; Mayor Migule Pulido, Mayor Pro Temp Sal Tinajero, Council Members Vincent Sarmiento, Michele Martinez, Angelica Amezcua, David Benavides, Roman A. Reyna; Committee Members — Community United for Environmental Justice 0 85AA -15 (/1 C �k _ v � Lid) SO�R( (J,5d� Community United for Environmental Justice N14 OCT -G PM 4: 53 September 9, 2014 Supervisor, Janet Nguyen Supervisor First District Orange County Board of Supervisors Hall of Administration 333 W. Santa Ana Blvd. Santa Ana, CA 92701 CITY OF SANTA ANA CLERK OF COU,Pfk.`:'. Re: Proposed Homeless Shelter at 1217 East Normandy Place, Santa Ana, 92705 M 06('Kt Dear Supervisor Janet Nguyen, The Community United for Environmental Justice wants to meet with you to discuss the proposed Homeless Shelter at 1217 E. Normandy Place, Santa Ana. We can arrange to meet at the Trinity Cristo Rey Lutheran Church at 902 S. Broadway, Santa Ana, 92701. Please respond to us by Thursday, September 11, 2014. You can contact us at the numbers or emails listed below. Respectfully, Dora Lopez Susana C. Sandoval Members, Community United for Environmental Justice (Dora Lopez -714 664 -0484, Iopez4o80 @yahoo.com) ( Susana C. Sandoval - 714 543 —5259, suzie.csandoval @gmail.com) cc: Dr. Rick Miller, Superintendent SAUSD, Board of Education; Audrey Yamagata -Noji, Ph.D., Alfredo Hernandez, J.D., Rob Richardson, John Palacio, Cecilia Iglesias; Mayor Migule Pulido, Mayor Pro Temp Sal Tinajero, Council Members Vincent Sarmiento, Michele Martinez, Angelica Amezcua, David Benavides, Roman A. Reyna; Supervisors Shawn Nelson, Patricia C. Bates, John C.W. Moorlach, Todd Spitzer, Committee Members — Community United for Environmental Justice 85AA -16 Z'reeiaclo, Juanita Sep 18 0111 OCT —b ISM 4� 53 to me, Karen, Julia CITY OF SANTA ANA CLERK OF t.,C"79SPdCIL Dear Ms. Sandoval- We are following up on your request to Supervisor Janet Nguyen. As this is a regional initiative, the First District requested that we follow -up with you directly. If there are questions or information in addition to what has already been provided on the proposed homeless shelter, please let us know. Sincerely, Juanita Preciado JUANITA PRECIADO EMAIL: JUA t,ITA.PRECIADO(a7000R.00GOV.COM PHONE 714.480.2727 1 FAx 714.480.2803 85AA -17 More Information Requested. Oct. 1, 2014 TO: Juanita Preciado, County Staff Good morning Juanita: A-� �6 2011 OCT -6 PM 4: 53 CITY Of" SANTA ANA CLERK OF Please provide a list of the Orange County cities that have established the SB2 Zoning required by CA state law, effective January 1, 2008; and a copy of each of the ordinances. Please provide the OC Directory with name, address, contact information (tel. & email) of all Shelters providing services to the OC Homeless Population. Include type of Shelter and description of services. Juanita, have a wonderful day. Susana Canett Sandoval -r L . 54 ; ', _ i f9 (home tel.) Dear Karen: In 1994, President Clinton signed an Executive Order to focus MabefitiM otty environmental and human health conditions of minority and low- income populations with the goal of achieving environmental protection for all communitA.1 it^l!iMr&A&iAti& deral agencies to develop environmental justice strategies to help fedG,6EQ&uQksGaUM I t , disproportionately high and adverse human health or environmental effects of their programs on minority and low- income populations. Although there is no state law equivalent, many government agencies take this concept into consideration when approving projects. Further, the concept would be appropriate here because significant federal funds are being used in connection with the Project. Karen, please provide studyhes that were conducted as per President Clinton's Executive Order 1994 cited above. Additionally, If conducted, please provide a copy of the Environmental Impact Report, CEQA Guidelines, section 15065. *If not conducted, this needs to be done due to the heavy trucks and machinery traffic that are constant during work hours on Normandy Place street where the 1217 E. Normandy Place address is located. No sidewalks or green space, and the environmental and safety concerns of placing people to live 24/7 on a highly industrialized street AND in high density neighborhoods must be addressed. Karen, please provide your response at our email addresses: Susan at saLai Naga�id& is 5na l egLn and Irma at irmapj @yahoo.com httpr_ / /wvwv.dfg.oaov(habcon /cage /urtriirocedleig.hfzxil L When any of the following conditions occur the lead agency shall find that a project may have a significant effect on the environment which will require a Mandatory Finding of Significance. Such a finding shall require an EIR to be prepared (CEQA Guidelines Section 15065): • When a project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of an endangered, rare or threatened species, or eliminate important examples of the major periods of California history or prehistory; • When a project has the potential to achieve short -term goals to the disadvantage of long -term environmental goals; • When a project has possible environmental effects which are individually limited but cumulatively considerable; • When the environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. 85AA -19 Respectfixlly, Susana C. Sandoval, Inna Jauregui Co - Chairs of Santa Ana Healthy Neighborhoods Alliance & Members - Community United for Environmental Justice 85AA -20. Filing Fee Exempt Per- Government Code 61113 h} n!t 20A OCT -6 PIM 4: 54 FILED ORANGE COUNTY tr'�E4l�{p��y���g; �kIi�� ��A AUG 1 3 2014 OC DEVP_LOPfUi a�GliVl 'w� E' UNANGE GOUNT1'C ORDER DEPARTN',ENI 300 N. FLOWER STREET SY: ! : DEPUTY P. O. BOX 404$ SANTA ANA, CALIFORNIA 92702 -404$ EL a TO: COUNTY CLERK FROM: COUNTY OF ORANGE COUNTY OF ORANGE OC PUBLIC WORKS Initial Study Number: IP 14 -212 Project Title: ASR CEQA Review for Acquisition of Year -Round Emergency Shelter and Multi- Service Center Site: - IP 14 -212 Project Location: County of Orange Description, Nature, Purpose and Beneficiaries of Project: CEQA Review for ASR 07/15114 _ Acquisition of Year -Round Emergency Shelter and Multi- Service Center Site: Approval of the Purchase and Sale Agreement, which will facilitate the acquisition of a site for a year -round emergency shelter and multi - service center for homeless families and individuals in Orange County. IP 14 -212, Name of Public Agency Approving Project: County of Orange, Board of Supervisors j� Name of Person or Agency Carrying Out Project: OC Facilities Operations OSTE D Address: 300 N. Flower Street, Santa Ana, CA 92705 Exempt Status: (Check Ono) AUG 1 2014 [.I Ministerial (Sec. 15268 ) Declared Emergency (Sec, 15269 (a) Date of Decision: 7/15114 HUGH NGUY 0 Emergency Project (Sec. 1 r ) &(b) = C RECORDER General Rule (Sec. 1506 b)(3) BY; DEPL ❑Statutory Exemption: Stale Co e number: Section 15269 [7Categor €cal Exemption: State class and section number: Class % Reasons why project is exempt: General Rule that CEQA applies only to projects, which h e the potential for causings, which have the potential for causing a significant effect on the environment. CEQA Contact Person: Chris Uzo- Diribe Phone: {7141667 «8$4u r r°�G Signature. � _� a Title: v� FISH & GAME FEES: Pursuant to Section 711 A (c)(2)(A) of the California Fish and Game Code, the project is exempt from fees, as it is categorically exempt from CEQA. Recorded in Official Records, Orange County Revised 1121110 Hugh Ngu en, Clerk- Recorder 111111 I I I II 111111 I I I III II II I111111111 Jill NO FEE a y R 0 0 D 6 8 96 6 3 6$ 201485000712 11:02 am 08113/14 281 304 Z01 0.00 50.00 0.00 0.00 0.00 0.00 0100 0.00 85AA -21 Santa Ana Healthy Neighborhoods Alli &l#c'T -Q PM 11: 511 East Side, Madison Park, Wilshire Square, Heninger Park ResldAKtcWdAhN A&.uih'Mcrin Merchants, Churches and Schools C L E R K 01" C 0 !'2 ` h^ August 13, 2014 TO: OC Supervisors Shawn Nelson, Patricia C. Bates, Janet Nguyen, John M.W. Mooriach, Todd Spitzer; Santa Ana City Council, Mayor Miguel Pulido, Mayor Pro Temp Sal Tinajero, Council Members Vincent Sarmiento, Michele Martinez, Angelica Amezcua, David Benavides, Roman A. Reyna, City Manager David Cavazos; Santa Ana Unified School District Board of Education, Audrey Yamagata — Noji, PHD, Jose Alfredo Hernandez,l.D., Rob Richardson, John Palacio, Cecilia Iglesias, Superintendent Rick Miller RE: Stop the Homeless Shelter at 1217 East Normandy Place, Santa Ana 92705 On Friday, August 8, 2014, we emailed you an invitation to attend the Community Forum on August 19, 2014 with the attached flyer. We have not heard from you. Please respond by Friday, August 15 if you will or will not attend, emailing response to: suzie.csandoval @gmail.com Thus far only Council Members Michele Martinez and David Benavides have responded. Thank you Council Members Ms. Martinez and Mr. Benavides for getting back to us. We demand a stop to the Escrow process for the 1217: East Normandy Place location for the proposed shelter. The Community was not engaged in the process appropriately. The process from the beginning is flawed. Notices of meetings and community forum were sent out very late, and many residents and businesses did not receive the information. See email sent for the July 2nd Community Forum; sent out on June 26th. Not sufficient notification for the community and held over the 0 of July weekend - -- many interested individuals were out of town. Many did not receive the mailed notice until July 1, 2014. See notification send out for the July 151h OC Supervisor's meeting; emails received on July 11th and at a time when many work and cannot attend meeting. Once again insufficient notification. See notification sent out on July 24 from City Manager's office to a select group to hear concerns at a Monday, July 28th meeting. The City Manager, David Cavazos was not present nor Councilman Vincent Sarmiento. No minutes were taken. We requested the minutes and were informed that minutes were not taken but staff would compile notes from the meeting and send out to attendees. How curious that the city and county want to hear our concerns but no minutes were taken. We still have not received the compiled notes from staff. it is now more than two weeks since the meeting took place. 85AA -22 Page 2. Enclosed is a the memo that Mr. Trevino, Executive Director of the Santa Ana Planning and Building Agency, that he submitted to the Santa Ana City Manager on March 26, 2012 — Addressing the OCTA Bus Terminal Building and the policy issue to include the Community and Businesses in the decision making process. We encourage you to review the entire memo. Mr. Trevino states: Page 4, "Community and Business Input is Essential. " Mr. Trevino also states on page 4, "Failure to involve the community will Backfire. " The current site decision has backfired as a result of not including the residents and business community. We demand this same consideration In seeking an appropriate site for the Homeless Shelter as put forth by Mr. Trevino on March 26, 2012. On July 15`h, OC Supervisors, Mr. Moorlach, Ms. Bates and Mr. Spitzer expressed very.serious concerns they have about the process and input from others, and Supervisor Spitzer criticism of no safety plan for the shelter, particularly when it comes to homeless sex offenders. See your attached comments that are documented in the OC Register on July 15, 2014. With such concerns that the Supervisors expressed, we do not understand how you voted unanimously to purchase the building and move forward with the shelter. Very important also there appears to be a disconnect and no outreach to the Civic Center Round table on the proposed location. See comments from Massimo Marini and documentation in the attached a. ticle, We also requested from city and county staff Alma Flores, Karen Roper and Juanita Preciado: Please provide the minutes from the July 28, 2014, as you agreed to provide at this meeting on Monday — July 28th. As well as the following information: (1) Reports and Documentation: Information and evaluation on the other 29 sites that were reviewed for the Homeless Shelter location. Criteria and standards used and the analysis on each of these sites with the criteria why they were not selected. Who conducted this evaluation and analysis? Please include, did all of the County Supervisors receive these 29 evaluations /reports, as well as the Santa Ana City Council members, and the Santa Ana City Manager. Also include, prior to voting on July 15, 2015 did the OC Supervisors walk the proposed 1217 E. Normandy Place site? (2) Correspondence: Provide copies of all correspondence that was sent to residents, Businesses, schools and tenants in apartment complexes, informing them of community forums, and re zoning meetings, and any other meetings related to the Homeless Shelter issue. (a.) How information was sent and, (b) number of letters/ and or flyers sent. We have only received a listing of the locations with addresses of the sites considered from the Public Acts Record request # 14 — 0508. Juanita Preciado send an email that a staff person would get back to us, and we have not heard from anyone as of yet. You can refer to attached log of communications with the City and OC staff. 85AA -23 Page 3. Daniel Jauregui grew up in Santa Ana and has provided a Systems Based Approach Analysis to Optimization and Risk Management for all Stake Holders In evaluating this complex situation. Daniel is 32 years old and grew up in Madison Park and Wilshire Square neighborhoods. He is a Marine Officer, 1st Lieutenant / Adjutant. During one of his deployments, he worked in Afghanistan as a Manpower Analyst with NATO forces and 4 of our military branches for one year (2013). Daniel graduated from West Virginia University with a degree in Industrial Engineering. As a Marine Officer, Daniel has been trained in looking at risk for all stakeholders and coordinating manpower and other things with the higher commands from several countries. His analysis is attached. In conclusion we urge you to listen to the community. Stop the Escrow, and implement a fair process that includes all of the stakeholders with plenty of notification time to participate. As per Mr. Trevino's quote on the March 26, 2012 memo to the Santa Ana City Manager: " Good idea in a Bad Location. " Respectfully, Susana Canett Sandoval, M.A.T., Resident of Wilshire Square — Santa Ana, Retiree University of Californi rvine, School of Biological Sciences Student Affairs Office — Assistant Director & Aca emi o nse �, email at suzie.csandoval @gmail.com Irm Jau a bi Boa' ember of Santa Ana South Main Merchants Association, President of Wilshi S ar Nei h orhood Association, Financial Planner/ Independent Broker at Pacific Advisors, emai j(a%yahoo.com Co- Chairs, Santa Ana Healthy Neighborhoods Alliance (Susana's tel. is 714 543 — 5259, Irma's cell is 714 606 — 6340). Attachments: 1. Flyer on Community Forum Announcement emailed to you on August 8,2014 2. Map of targeted area for Homeless Shelter and Schools within walking distance 3. Email notification sent for July 2, 2014 Community Forum; 4"' of July weekend 4. Email notification for July 15, 2014 Board of OC Supervisor's Meeting 5. Email notification for Meeting on July 28, 2014 arranged by City Manager's Office 6. Mr. Trevino's Memorandum to Santa Ana City Manager, dated March 26, 2012 7. OC Register Article, July 15, 2014: Supervisor's concerns noted; and the Civic Center Round Table lack of consultation is noted 8. Log of Communications with City and County Staff 9. Systems Based Approach Analysis to Optimization and Risk Management for all Stake Holders by Daniel Jauregui 85AA -24 COMMUNITY FORUM AUGUST 19, 2014 6:30 — 8:OOPM John F. Kennedy Elementary School — Multipurpose Room 1300 E. McFadden Ave., Santa Ana 92705 Information Sheet/ STOP HOMELESS SHELTER AT 1217 E. NORMANDY PLACE, SA 92705 1.) Welfare /Well Being and quality care for Homeless population. 2.) Public Safety of Children: Kennedy School at 750 feet from site and Roosevelt, Walker, Madison, Villa, Century, and Heldman /Tustin Unified - - -all within % mile radius. 3.) Unequal treatment and repeated lack of respect for Santa Ana as a city and community as regards safety net issues facing County. The whole of OC communities need to share responsibility for providing facilities and services to homeless and other vulnerable populations in County. 4.) Immediate and long -term impact that the permanent placement of a homeless shelter will have on property values and business owners /employees in area. Consencuently loss of jobs, businesses and potentially livesl 5.) Need for further study of workable options that provide "visible benefits" and pose minimal or no risks to both service /program recipients and to host municipalities,.businesses, and residents. We need a regional (OC), not a city (Santa Ana) solution. • Information: Dora Lopez: lopez4080 @yahoo.com • Susana Sandoval: suzie.csandovai @amail.com 85AA -25 `tz !0„.. _ s m Lo � � m to -ri 9 <= T rn e m Ritchey St 5t O Estrella W e m Elk Ln h, Cll rn ki.ue.iV� % \� � .,4eAmiw rsu1 vY`t rWUa mss.. ,i! Q\ ��cCkM.p (�\- 3 \\ from: City of Santa Ana < city -of- Santa- ana(cr7emails.nixle com> +/ " /�h'b� ate: June 2'6, 2014 at 9:53:40 AM PDT To: irmanjna yahoo.com Subject: Community Message: PUBLIC INVITED TO COMMUNITY FORUM ON JULY 2 TO LEARN MORE ABOUT PLANS TO ENHANCE SERVICES FOR THE HOMELESS Reply -To: no -re llygemails.nixle.com Message sent via Nixle I Go to nixle.com I Unsubscribe Tweet a'Forward� Community: PUBLIC INVITED TO COMMUNITY FORUM ON JULY 2 TO LEARN MORE ABOUT PLANS TO ENHANCE SERVICES FOR THE HOMELESS Hi City of Santa Ana Subscriber, The County of Orange Community Services Department and the City of Santa Ana invite you to a community forum to learn more about plans to enhance services for the homeless. A new multi - service center /emergency shelter is being considered for development in the vicinity of McFadden Ave and Grand Ave in Santa Ana. You are invited to attend a meeting on July 2, 2014 at 6:30 p.m. at Kennedy Elementary School in the Multi- Purpose.Room. County and City Officials will be discussing goals and strategies in preventing and ending homelessness in Orange County and more specifically, to enhance homeless services and reduce homelessness in the City of Santa Ana. Wednesday, July 2, 2014 6:30 p.m. Kennedy Elementary School 1300 East McFadden Ave Santa Ana, California If you have questions or comments regarding this event, feel free to contact the following County of Orange staff members: 85AA -27 Karen Roper 714- 480 -2805 Karen.Ropergoccr.ocgov.com Julia Bidwell 714- 480 -2991 Julia.Bidwellna,occr.oc og_v.com Juanita Preciado 714 - 480 -2727 Juanita .Preciadoa,occr.ocgov.com City of Santa Ana, Community Development Agency — 714 - 667 -2260 For full details, view this message on the web. Sent by City of Santa Ana 20 Civic Center Plaza, 8th Floor/ P.O. Box 1988, Santa Ana, CA 92702 To manage your email settings, click here. Powered by n •4/ iv. I e. © 2014 Nixle, LLC. All rights reserved. �maLsent on Friday, July 11, 2014 for OC Supervisors meeting — vote on Shelter location purchase. Sent to peop e o attetrd€d f� meeting. Question: * Only 2 business day notice. How were residents and businesses notified of this meeting? On Friday, July 11, 2014 4:25 PM, "Huizar, Ana" <ahuizar @santa- ana.orp wrote: Good Afternoon, On behalf of the City of Santa Ana and the County of Orange, thank you for attending the Community Forum held at Kennedy Elementary on July 2 "d. As indicated during the presentation, the purchase of an emergency shelter /multi- service center site in the city of Santa Ana at 1217 E. Normandy Place (near the intersection of Grand and McFadden) will be considered at next Tuesday's County Board of Supervisor's Meeting (staff report attached). The complete Board agenda is available at htp: /lcams.ocgay.c sher /ac endaO7�15 2(3'14.htm. The Board Meeting starts at 9:30 am in the County's Hall of Administration (map attached). Board of Supervisors Meeting Tuesday, July 15, 2014 — 9:30 am Hall of Administration Board Hearing Room, First Floor 333 West Santa Ana Boulevard, 10 Civic Center Plaza Santa Ana, California, 92701 Should you have any questions, please contact any of the following County of Orange staff members: Karen Roper 714 - 480 -2805 or Karen.Rosser occr.ocraov.com Julia Bidwell 714 -480 -2991 or Julia.Bldvvell occr. ov.com Juanita Preciado 714 - 480 -2727 or Juanita.Prec?adE' �c�r.ocgrev.ggm 85AA -29 Email received on meek hma and Susana - Thursday, July 24, 2014 to attend Monday, July 28t This past week, the Orange County Board of Supervisors moved to acquire a building located at 1217 East Normandy Place for the purpose of establishing a new homeless multi - service center. In response to your recent concerns shared on the project, the City Manaeer's office has arranged a meeting with you and other concerned constituents. Although numerous questions remain about this plan and given your neighborhood's proximity to this site, County of Orange and City staff are-veq- interested in having this meeting to provide the opportunity to specifically discuss pr The meeting has been set for Monday, July 28`" at 5:30 pm at Santa Ana City Hall (20 Civic Center Plaza) 8th Floor Conference room 831. Please note that invitation to this meeting is limited, and we hope you consider participating if available. If not, we encourage you to send a representative on your behalf. Please RSVP for this meeting by replying to this email at your earliest convenience. City of Santa Ana staff, Alma Flores, Margarita Macedonio and Scott Kutner will continue to be available to you as we proceed to learn more about the County of Orange's plans. Thank you. Alma Flores, afloaesnsatua- ana,org 714.647.5224 (City Manager's Office) Margarita Macedonio, mmaccdonio@,saiita-ana.org santa- ana.ora 714.667.2288 (Neighborhood Improvement) Scott Kutner, skutner@santa-ana.org 714. 667.2259 (Neighborhood hnprovement) 85AA -30 ��n6AM � � To: City Manager Date: March 26, 2012 Executive Director From: Planning & Building Agency Subject: OCTA BUS TERMINAL BUILDING SUMMARY We have numerous concerns about the potential use of the OCTA bus terminal building for a homeless facility. We believe the County of Orange should Instead devote Its energy to working with the community and the City— especially given that the City is already working on a plan to address homelessness. BACKGROUND The Commission to End Homelessness has been discussing the OCTA bus terminal building located at 400 West Santa Ana Boulevard, and its suitability as a potential multi- service center for the homeless. These discussions were prompted Indirectly by the OCTA when it put the property up for sale. The Commission, which is chaired by Supervisor John Moorlach, is considering whether it should urge the County of Orange to acquire the property for these purposes. POLICY CONCERNS County Acquisition Doesn't Conform to City's General Plan or Zoning Prior to acquisition of any property, Government Code §65402(b) requires the County of Orange to consult with the City as to the conformance of the acquisition with the City's General Plan. The City has informed the County that the General Plan and the Zoning do not allow homeless shelters on this property. City is Already Working on Plan to Address Homelessness The City adopted goals in its Housing Element to address homelessness. And the State Department of Housing and Community Development later certified Santa Ana's Housing Element as being in compliance with state requirements. Further, Santa Ana's Housing Element was recognized with the 2010 Outstanding Planning Award from the Orange Chapter of the American Planning Association. 85AA -31 City Manager OCTA Bus Terminal Building March 26, 2012 Page 2 Housing Element Goals #47 and #48 address emergency shelter and transitional housing needs in Santa Ana. The process to create the overlay zone and permitting procedures envisioned in these goals is underway. The City Is committed to these goals, but also to achieving them in ways that include community and business Input. City has a Track Record of Helping Disadvantaged People Santa Ana Is home to numerous non - profits and other organizations that focus on helping disadvantaged people ranging from the homeless, the disabled, at -risk youth, the elderly, women and children, and others. The City will fulfill Its commitment to address homelessness pursuant to the Housing Element. PRACTICAL CONCERNS Required Building Code Upgrades May Prove Challenging, Expensive The OCTA bus terminal building was constructed to sere two purposes: a bus parking area at ground -level with administrative office space above. Using some or all of the property for a homeless facility would constitute a change of use under the California Building Code. Counties and cities are required to implement these statewide codes on private development, but also to comply with them for their own projects. Depending upon the scope of the County - proposed homeless facility, the building code could require to upgrades to seismic, structural, and accessibility (ADA) standards. Changing the use of a building from one purpose to another can be challenging and costly. Homeless Facility in this Building Will Not Improve Conditions in the Civic Center it appears the purchase of the OCTA bus terminal may in part be motivated by an interest to address the impacts of the large homeless population in the Civic Center by providing a new gathering spot. Despite whatever improvements may be contemplated, we are doubtful that the bus terminal will mitigate the impacts in the Civic Center. We note that the Civic Center is an attractive area filled with benches, tables, other seating areas, expansive lawns, numerous shade trees, etc. We believe that these amenities will continue to attract this population. 85AA -32 City Manager OCTA Bus Terminal Building March 26, 2012 Page 3 Pedestrian Safety Must be Considered The OCTA bus terminal building is situated between two one -way streets — Santa Ana Boulevard and Fifth Street. However, the ground floor bus terminal orients primarily toward Santa Ana Boulevard. Designated as a "primary arterial" in the City's Master Plan of Streets & Highways, Santa Ana Boulevard is a relatively fast three -lane highway. Further, this street curves in front of the OCTA bus terminal, which may limit the visibility of both motorists and pedestrians. This could prove especially dangerous if people cross illegally mid -block between the existing crosswalk and the Intersection at Ross Street. We would expect to see heavy use of this crosswalk, similar to the two mid -block crosswalks on Ross Street. But, in contrast, Ross Street is a much slower, two -lane street flanked by diagonal parking on the east side of the street. Ross Street is designed as a "local street" in the City s Master Plan of Streets & Highways. Santa Ana Boulevard is Already a Barrier from the Civic Center to the Downtown One of the most vexing urban design challenges we face is how to facilitate greater use of the Downtown by visitors and employees within the Civic Center. The distances are easily walkable. And yet there are barriers that discourage people from walking to the Downtown. One of the most significant of the barriers is Santa Ana Boulevard itself. in the 1960s, Santa Ana Boulevard was widened and curved to help form a "couplet." Unfortunately, this resulted in Santa Ana Boulevard becoming an unintended barrier. The wider, faster arterial roadway was designed to efficiently move a high volume of cars through the Downtown. But in the ensuing years we've come to understand how this affects pedestrian circulation. As a general rule, pedestrians are most comfortable walking along smaller, slower streets — typically those with on- street parking or other features that separate the sidewalk from the travel lanes. Additionally, pedestrians are naturally drawn along a streetscape when there are shops, businesses or other features of interest. The City has always hoped that the OCTA bus terminal building could evolve into a facility with restaurants, cafes or other businesses within the ground floor areas. Ir addition to serving the needs of Civic Center employees and visitors, such a change would help to better connect the Civic Center to the Downtown. 85AA -33 City Manager OCTA Bus Terminal Building March 26, 2012 Page 4 Unfortunately, we believe the use of the OCTA bus terminal for a homeless facility would serve to worsen the barrier effect as pedestrians perceive an even greater reason to avoid this area. COMMUNITY CONCERNS Community and Business Input is Essential Stakeholders in all communities expect public agencies to inform and engage them in matters that affect their community. And so residents and merchants in Santa Ana must be included in these discussions about homelessness. It appears that the idea for the County to purchase the OCTA bus terminal has been driven mostly by opportunity — because it's for sale — rather than by a dialogue with the community. Failure to Involve the Community Will Backfire We are at a crossroads as a County in addressing homelessness. We are compelled to act out of conscience, but we are also compelled to act by the law. It is imperative that public agencies include communities in the discussion if we are ever to address homelessness in a comprehensive way. Communities must have a hand in helping to address homelessness in ways that fit the communities' circumstances. Rushing headlong into projects like the OCTA bus terminal will damage the public sector's credibility. And it will weaken relationships with the community at a time when community support is essential. A good idea In a bad location is not success. M. Trevino JMT:rb 6b \M M•OCTA Bldg 3.2642 85AA -34 Supervisors Approve Land Purchase for Homeless Shelter in Santa Ana /ScA \S j �� • Story Comments • Image 1 'r, Create a hardeopyof this page Font Size: Default font size Larger font size One of the many presumed homeless people who gather at the Santa Ana Public Library. (Photo by: Caitlin Whelan) Related Links • Related: Fullerton Council Rejects Agreement for Homeless Shelter • Related: Supervisors Approve Purchase of Site for Homeless Shelter • Related: Should Empty Bus Station Be a Homeless Shelter • Related: Words of Wisdom on Homelessness for Orange County's Newest Su ervisor Posted: Tuesday, July 15, 2014 10:50 pm I Updated: 9:51 am, Mon Jul 21, 2014. By NICK GERDA 85AA -35 Orange County supervisors voted unanimously Tuesday to purchase a property in an industrial area of east Santa Ana with the idea that the site would become the county's first year -round homeless shelter. The move drew praise from homeless advocates, but also criticism from residents who live near the proposed site, as well as some supervisors, over what was described as a poor job of outreach by county officials. "It's been a long time coming - there's been a lot of suffering" over last few years, said Tim Houchen, a spokesman for the homeless advocacy group Civic Center Roundtable. "People actually die out here at the Civic Center." Orange County is among the largest metropolitan areas in America without a year -round homeless shelter, and Santa Ana tops the list of potential locations for a shelter largely because its City Council is supportive and its downtown Civic Center already serves as an encampment for hundreds of homeless people. Yet the planning process has left several residents and supervisors feeling left out of the loop. Only one community, forum was held on the proposed shelter site and notice for the July 2 meeting didn't come until two days beforehand, said Santa Ana resident Dora Lopez. "The approach that was taken did not give us an opportunity for input," Lopez said, echoing concerns by several other residents who spoke at the meeting. To her, that was "pretty much telling us it's a done deal." About a half dozen other Santa Ana residents shared similar sentiments. "I'm here representing a lot of my community that are seniors and not English speakers. None of us were informed ... I found out about this yesterday," said Laura Garcia. "If it's going to be in our back yard, we should know," a Civic Center Roundtable representatives complained about a lack of "The Civic Center Roundtable was never consulted" as part of the community engagement y�( process, said Massimo M ' " an_advocate with Civic Center Roundtable. "We really disagree '��� °°" with the fact at yo�h u really didn't inform the community that we " Yet supervisors' Chairman Shawn Nelson said the fact that people showed up to Tuesday's meeting showed that the community was informed. "That's odd you just happen to be in the lobby today," said Nelson. But some of Nelson's colleagues sided with those complaining about the lack of notice. 85AA -36 0i "I found out about this on Wednesday when I got my agenda, so it's sort of the same issue. We just found out," said Supervisor John Moorlach, who questioned why the vote waldel_ abed Supervisor Pat Bates said key input was missing and that another forum is called for. Santa Ana Unified School District officials "should have been commenting" on residents' concerns about safe routes to schools on Tuesday, said Bates. "I believe that you need to have another meeting to specifically address how you're going to look at that issue and allay their concerns. That is fundamental to my support," she added, to applause from the audience. 4- 1 Supervisor Todd Spitzer, meanwhile agreed that Santa Ana Unified board members "need to weigh in." He also criticized county management fo when it comes to homeless sex ottenders X'To come here toda and not know these isheartening because we want to champi before it came here to a vote." but these questions should " said lgr.. "It's answered The county's lead staffer on homeless issues responded to the criticism, saying the outreach was extensive. "I think they did a great job getting community notices out," said Karen Roper, director of OC Community Services. "We hope that the community will feel that they can be a part of this." The $3.6 million building purchase now goes into a 90 -day escrow period, where the property's condition will be inspected, before the sale is completed. After that, the county would seek bids from contractors to operate the shelter. The 23,000 - square -foot warehouse, at 1217 E. Normandy Place in Santa Ana, is located near the corner of Grand and McFadden avenues. The county would be purchasing the property from B &N Group and JRMV Investments, Inc., who are represented by Blake V. Elliott. It would then spend another $2.3 million to renovate the building, and about $2.6 million per year to operate and maintain the shelter. Operating costs would be covered by a mixture of county, federal and private funds. In many respects, the scene Tuesday was a replay of the effort last year by Nelson to RLish through a proposal for the county to buy a property in Fullerton and build a homeless shelter before getting buy -in from Fullerton residents. Faced with stiff resident opposition, the Fullerton City Council nixed that plan last June. 85AA -37 But a significant difference this time around is that the Santa Ana City Council, as well as City Manager David Cavazos, are already on board with placing a shelter in Santa Ana. The council approved zoning for a 200 - person shelter "by right" last August. Nonetheless, many of the Santa Ana residents raised concerns -- similar to those raised in Fullerton -- about nearby schools, particularly Kennedy Elementary, which lies on busy McFadden Blvd. about 750 feet from the proposed shelter. "We already do have many homeless," in the area, said Juana Perez, a recent graduate of Century High School. There are several areas where drugs are used by homeless people, including nearby Madison Park, she added. Nelson, meanwhile, said he lived three doors down from Fullerton's seasonal homeless shelter for years without incident. "There was never any problems," he said. As far as the larger issue of homelessness, speakers highlighted how rising housing costs compared to income has generated economic hardship. "The percentage of income devoted to housing can leave many people - many families" homeless, said Jan Wagner, who spoke on behalf of all Orange County chapters of the League of Women Voters. Every school district in the county has homeless students, she added. Urging supervisors to purchase the Santa Ana building, Wagner said league members also want the county to "continue to seek additional sites" for more shelters. Nonprofit representatives also offered to help provide services at the shelter, including homeless veterans advocates at Volunteers of America Los Angeles. Dwight Smith, a longtime operator of a small homeless shelter in Santa Ana, said the county must pursue permanent housing options and find a way to address deaths of homeless people from hypothermia. "Without an adequate and proven response to cold weather, people will perish," said Smith. .O . . e, Follow up emails: **Jul 30.2014• Sent to Alma Flores City Manager's Office Thank you very much Alma. Please provide the minutes when available to the participants. If you have addresses for participants who do not have email, please send a copy. Irindest Regards, Susana C. Sandoval Co - Chair, Santa Ana Healthy Neighborhoods Alliance Resdiendt of Wilshire Square, Community Liaison for WSNA ** Email received from Alma Flores Ci Mana er's Of€ice on Au ust 5 2014 Good morning all, My apologies for the delayed response, but I just fished your email from the Junk folder Suzie. For some odd reason, all emails from a Gmail domain go into a strange Junk mail box. Our IT team is researching the problem, which appears to only be a problem with my account only. There were no minutes taken from the meeting but staff will put notes together and forward them to the group, I'm attaching the scanned copy of the sign -in sheet which did not include physical addresses, but does include phone numbers for those who provided them. Kindest regards, Alma Flores Hello Alma, Karen, Juanita, and Julia: Please provide the minutes from the July 28, 2014, as you agreed to provide at this meeting on Monday — July 28th. As well as the following information: (1) Reports and. Documentation: Information and evaluation on the other 29 sites that were reviewed for the Homeless Shelter location. Criteria and standards used and the analysis on each of these sites with the criteria why they were not selected. Who conducted this evaluation and analysis? Please include, did all of the County Supervisors receive these 29 evaluations /reports, as well as the Santa Ana City Council members, and the Santa Ana City Manager. Also include, 85AA -39 Prior to voting on July 15, 2015 did the OC Supervisors walk the proposed 1217 E. Normandy Place site? (2) Correspondence: Provide copies of all correspondence that was sent to residents, Businesses, schools and tenants in apartment complexes, informing them of community forums, and re zoning meetings, and any other meetings related to the Homeless Shelter issue. (a.) How information was sent and, (b) number of letters/ and or flyers sent. Please provide this information by Thursday, August 7, 2014. Should you have any questions please call us. Susana C. Sandoval, Irma Jauregui Co Chairs, Santa Ana Healthy Neighborhoods Alliance ** Received email from County Staff on August 4 Hi Susana, We are in receipt of your request for information. We will be responding in accordance with the Public Records Act (PRA) request process and timelines. I have copied in our Custodian of Records and one of us will be in touch. JUANITA PRECIADO EMAIL: JUANITA.PRECIADO(aOCCR OCCOV COM PHONE 714.480.2727 1 FAX 714.480.2803 Systems Based Approach Analysis to Optimization and Risk Management for all Stake Holders, By Daniel Jauregui, August 1, 2014 If the point is to search for an optimal place for this new facility, the intent should be to mininuze risk for all stakeholders, and maximize the opportunity for success for those being served by the new facility. At first glance, there doesn't appear to be any risk mitigation measures in place. Pedestrian Children/Adolescents: recovering addicts and homeless people, sometimes, out of desperation or compulsion, do unfortunate things. A twice -daily stream of child pedestrians (often unsupervised) provides convenient targets of opportunities. At best, this risk serves to make parents /guardians /school administrators uneasy about the facility's presence. Recovering Addicts/Homeless: the facility's proximity to known disadvantaged/ struggling areas (Minnie St, East Side, etc.) doesn't exactly make this the optimum location for folks looking to improve themselves. What natural advantage(s), besides land and a building, does this location provide? Local property/business owners: It is reasonable to say that homelessness and drugs abuse do very little to boost local business' aesthetic, desirability and ultimately, profitability, even if that presence is for the well- meaning purpose of recovery. It is very doubtful whether local business /property owners were consulted for their opinions /thoughts regarding this project. If the situation is not optimal for the children/students, the recovering population or local property/business owners, then where does the urgency for this project come from? The only other stakeholders in this scenario: the personnel associated with this property, they being the tenant and the land/building owner and team. One would think that someone interested in providing people help to those who need it, would be more proactive in securing community support for this type of charitable and altruistic venture. That makes the absence of such proactivity suspect. Either: - Either they're poor project planners, administrators and operators (in which case, why do we want them running something that people depend on ?) - They lack funds, means or method for "spreading the word." (How likely is that ?) - They want to get this done before someone can object (if everything is on the level) - They want to get this done before someone finds them out (if everything is not on the level) There's a lack of transparency on the part of Santa Ana City and County Elected Officials. The community deserves to know what's coming and what's going to be impacting them. I understand that there is rarely a place where one can say "oh hey, let's put homeless and recovering addicts over here, out of the way, where we can't see them and where they won't bother anybody." That's very much a cold - hearted and unrealistic approach. However, it's not much better to say "let's put these people here before anyone finds out." It's probably best to say, "Let's pull together and see how we can make this best work, without putting an unreasonable burden on any one stakeholder." 85AA -41 SB 2 ORDINANCE SERVICE PROVIDERS /STAKEHOLDERS MEETINa(;E? Summary of Group Discussions r -< .'0 � Santa Ana City Hall 4 20 Civic Center Plaza, 2nd Floor, Room 229 cr, Wednesday, May 23, 2012 .'° 2:00 p.m. to 4:00 p.m. After an overview of the SB 2 Ordinance to address Emergency Shelter and TrariQtioncl ' Housing in Santa Ana, the Santa Ana Homeless Service Providers and Organization representatives participated in a smaller group discussion. Three sets of questions were used to conduct two breakout groups. The following are the highlights of the discussions. DISCUSSION QUESTIONS/ GROUP BREAK OUT COMMENTS GROUP #1 (Facilitator: Karen Haluza, Scribe: Frank Hernandez) 1. Homeless Shelter Locations: The City's adopted Housing Element calls for the creation of an overlay in the Light Industrial zone and select Commercial zones to permit Emergency Shelters by right. How best can the City implement these zone changes to serve the. homeless, while maintaining compatibility with surrounding existing uses? • Not in my backyard (NIMBI) challenges • , Need definition of shelters • Need education to public • Some may argue shelter should not appear to look like a "shelter" • Waiting lines for services may be problematic • Resolve operational issues • Create an opportunity for the public to view the shelter • City creates opportunity for shelter, non -profit provides the services • Is it possible to have shelters without thresholds? • Are thresholds allowed in ordinance? • Difficult for Domestic Violence shelters to identify location • Uncertain of actual homeless population • How to address complaints from public • Provide storage, open space amenities, activity rooms • Potential design model —tiered system zoning based on size of property 85.444f2\ Stakeholders\ BreakOutNotesAllMay232012Final .doc • S132 zone should be for the most difficult to serve homeless population Make is easier to conduct business by not over - regulating Need flexibility 2. Best Practices: Some Orange County cities have adopted SB2 Emergency Shelter ordinances (Table of OC Emergency Shelter Ordinances provided). Based on your experiences, what would you consider to be the "Best Practices" within these ordinances, for possible application in Santa Ana? • Should not make ordinance to prevent organizations from providing services • S132 should not address all needs • Organization should be part of neighborhood association • Create communication and relationship with Police Department • Need to connect clients with housing to end homelessness • Reevaluate parking standards • Need multiple locations and providers • Cost - effective to have single location to serve larger number of homeless persons • Have "open door" policy for public • Need management plan • Need emergency plan — short -term solutions for infrequent situations 3. Creating Community — Policies and Programs: What other policy and programs would you suggest to address the City's Homeless Shelter and Transitional /Supportive Housing needs? Find ways for cities to do their "fair share" Advocate for supportive housing Put policy in place to protect clients where no oversight exists GROUP #2 (Facilitator: Sergio Klotz, Scribe: Terry Eggars) 1. Homeless Shelter Locations: The City's adopted Housing Element calls for the creation of an overlay in the Light Industrial zone and select Commercial zones to permit Emergency Shelters by right. How best can the City implement these zone changes to serve the homeless, while maintaining compatibility with surrounding existing uses? 8 ^A �t :441B21Stakeholdem\BreakOutNote AllMay23 2012Finai.doc • Are there/ will there be sidewalks in the light industrial area? • Where are the homeless concentrated now? • What are the hours of operation of manufacturers /industries? What is the nature of their business? • Should there be a maintaining of compatibility with current uses? Are there any changes currently taking place? Will they be grandfathered in with current uses? • Compatibility Issues — security of residents and neighbors, lighting, available parking for volunteers & staff • Industrial vs. Commercial Cleanliness • Some concerns related to landscaping— loitering, noise, children • Need outdoor activity area— park -like settings • Reuse of buildings with renovations 2. Best Practices: Some Orange County cities have adopted S132 Emergency Shelter ordinances (Table of OC Emergency Shelter Ordinances provided). Based on your experiences, what would you consider to be the "Best Practices" within these ordinances, for possible application in Santa Ana? • Provide rooftop use • Flexibility to use all day is best • Services in walking distance — should this be mandatory? • Should there be a distance requirement for shelters near certain activities? • How much space is needed per bed? • Limiting to 30 -50 beds will not replace displaced people from the Armory • Can the occupancy and safety requirement be modified; amend Uniform Building Code? • Size of waiting / in -take area • Shelter -to- shelter —needs are different • Want clients on site when waiting • Gathering and waiting areas to be screened from public view • Length of stay policy vary from 120 days to 180 days a year; related services also vary • Some will still need a place of stay after 120 to 180 days • Should kitchens and dining halls be required? Might not want to limit and require this. Be flexible. 3. Creating Community - Policies and Programs: What other policy and programs would you suggest to address the City's Homeless Shelter and Transitional /Supportive Housing needs? • How should community groups volunteering be addressed? • What is the role of volunteer groups at shelters? 85AA7— a2\ StakeholdersT makOutNotmAllMa}232012Final.doe • SB2 should designate location for volunteer groups that bring in services • Mobile medical —how best to provide and where? • Have multi- service center for services, should be permitted in close proximity to shelters • Would a micro- business (sandwich shop, retail, etc.) be allowed to operate near shelter? • What percent of building will be administrative? • Provide storage for belongings during day • Shelters generate large amounts of trash —how should trucks, enclosures, setting standards, recycling be dealt with? • Are sewers and similar infrastructure already in place? • What are the environmental safety issues? • Has there been a meeting with business and industrial owners? GROUP #3 (Facilitator: Scott Kutner, Scribe: Christina Hon) 1. Homeless Shelter Locations: The City's adopted Housing Element calls for the creation of an overlay in the Light Industrial zone and select Commercial zones to permit Emergency Shelters by right. How best can the City implement these zone changes to serve the homeless, while maintaining compatibility with surrounding existing uses? • Where are homeless currently concentrated in the City? • Are there any emergency shelters in Santa Ana now? What zones do they exist in now? • Concern for homeless congregating in parks because lack of facilities/ amenities o Are the locations where people sleep and where people hang around the same? • Need facilities/ places where homeless can stay all the time • Transportation concern in M -1 zone to be able to move them toward services and move them back to shelters • Need for community acceptance - M -1 zones will mean convincing businesses and meeting their resistance; residential may also resist emergency shelters • Debate over the definition of emergency shelter Which homeless parties are we addressing? Thinking of specific examples like those that need immediate temporary assistance vs. those that congregate around the S.A. Civic Center o Is it okay to be a 24 -hours emergency shelter facility? • Someone suggested that they must be away from residential areas • In #2, someone mentioned that the hours of operations (required to leave in emergency shelters in morning) encourages people to do job - searching or take advantage of services t lg2\ Stalceholders \BreakOutNotesAllMay23 2012Final.doc 85A y \W • Refer to #3, suggestion that different subpopulations should be located in different areas - ex. For single women, neighborhoods of residential homes are healthy and good for transitioning Where can families go for immediate help? SAUSD experiences families that have nowhere to go, all shelters are full. Unable to help illegal immigrants because they do not meet funding /eligibility standards - where do they go? Need to connect to organizations that provide specific help to those who need immediate help o Or maybe cities could identify some places (like vacant motels ?, not year -round shelter) 2. Best Practices: Some Orange County cities have adopted SB2 Emergency Shelter ordinances (Table of OC Emergency Shelter Ordinances provided). Based on your experiences, what would you consider to be the "Best Practices" within these ordinances, for possible application in Santa Ana? • San Clemente currently looking at other "best practices" before deciding how to deal with the issues • City Council has a lot of say in the details through ordinances (ex. How many sq. ft. per 1 bed) • Dana Point -too few beds make it not worth it for the non -profit organizations Need at least 30 beds, at most 60 • Parking o Depends on who is being served- families who need immediate help may have their cars but it also depends on how long their homelessness lasts because they may lose their car o S.A. Civic Center expressed that only one client had a car • Hours of Operation • Encourage job - searching, attend workshops • Emergency shelters are difficult because the city must consider a "balance of services" - do not want to be considered "homeless- magnet" • Want to provide good services, but also does not want to attract more homeless to come in or extend their stay due to comfort? Locations of shelters and providers and transportation • Can they go between home and service providers and back • Suggestion of essential /practical services 85A jyl:\VP IC2\ Stakeholders\ BreakOutNotesAllMay2320 12Final.doe o There are issues with belongings being stolen in shelters, thus they keep belongs with them • Drop off center for homeless to store belongings needed. Rules and guidelines needed to assure drop off is manageable and successful, with belongings dropped off and picked -up during certain hours. • Costa Mesa "drop -off center" allows the homeless to store their belongings (in a 40 minute window ?) • Lockers • Anaheim's ordinance requires • Concerns for clients losing their items 3. Creating Community - Policies and Programs: What other policy and programs would you suggest to address the City's Homeless Shelter and Transitional /Supportive Housing needs? • Emergency shelters for different populations -No one -size fits all o Families, children • Those who just lost their homes • Mental health disorders o Single women (residential zones, healthy in neighborhoods) • Vastly different types of services per population • Need some temporary structure to keep people moving towards self - sufficiency • Currently, vacant motels can apply to be transitional housing • Different reasons for becoming homeless -think of approaching homeless population with this in mind • Different guidelines per subpopulation - Maybe different shelter locations, different providers • Suggested provider forms to allow programs to come in (Jacob Lee) • Organize providers so that they can organize their resources and disperse them among various shelters logically and efficiently- currently trying to be done o Ex. S.A. Civic Center has too much food on Thursdays • Where services are located is important • Cities to work together - school districts work together already • Conditions in S.A. are unique - homeless concentrated in S.A. vs. dispersed in Anaheim In closing, each of the break -out group assigned a representative to share the highlights of their respective discussions with the larger group. 85A Iy[': If2\ Stakeholders \BreakOutNotwAllMay232012Final .doe City of Santa Ana: SB 2 Ordinance Community Service Providers Stakeholders Meeting Attendees May 23, 2012 A IN 2 Allen Roeder OC End Homelessness Commission 2 Carolina Harris Women's Transitional Living Center 3 Christine Schaefer The John Henry Foundation 3 Cindy Avila Churches for Community all Commander Gominksi Santa Ana Police De artment 1 Connie Jones Southwest SMEDA 1 Deanne Tate Veterans First 3 Enrique Es arza Santa Ana Police Department 1 Frank Hernandez Santa Ana ESG Program 3 Jacob Lee FOCUS North America 1 Jay Trevino Santa Ana Planning & Building Agency 2 ean Watkins Salvation Arm 3 Jennifer Shumar Santa Ana Unified School District 1 Karen Haluza Santa Ana Planning Division 2 Kelly Lu ro County of Orange, Housin g and 1 Kevin Smith OC Mental Health 1 Krista Palmer IChurches for Community 1 Larry Haynes Mercy House 3 Lorraine Martinez The Villa Center 3 Melanie McCann Santa Ana Planning Division 1 Mindy Andrews The John Henry Foundation 2 Minerva Hidro o Women's Transitional Living Center 1 Renato Iz uieta Legal Aid Society of Orange County all Ron Ono Santa Ana Park, Rec. & Com. Ser. Agency 3 Ran Burris OC Rescue Mission 3 Ran Hodge Santa Ana City Attorney Office 2 Scott Larson HomeAid 3 Scott Kuttner Santa Ana Neighborhood Improvement 2 Santa Ana Plannin Division 1 Interval House 1 OC Partnershi to End Homelessness 2 MoKlotz Santa Ana ESG Pro ram 3 Public Law Center 85 1 X44 P51 \SB2\ Stakeholders\ AttendeeStakeholdersLlstMaY2012ALLxls u S��4c q:l { a�,e�s.rreNti,owF " YR4y rfGowm ' PATH 4 1 1 W kiA MTH Hnn LA y PATH nitll M sb vd i eavtr><M d �DY -Hvn 4A ¶M I fltFtl t Villas of Gower NoHo Senloe Villas Bennie Bras VHlaga Permanent HoLtSmg Gramaercy Court teaanka Villas PATH Villas Osage Farnily Coourn*ns PATH LA Connections Howsin Services wid Housing PATH Hollywood PATH West LA Villages at Cabrillo !. SErvires Pacoima Downtown 1.:1. '_+nutty LA SiSIW Hill Long Beach Rake. rctield Ventura Same ksarlrara San Wis obisin S arft Chrita Hollywood North Hollywood Central Los Angeles Mid Cary Los Angeles SiM•ar Lake Inglewood Long Beach Los Angeles g Dpwtntom San Diego Hollyjvoorl West Los Angeles Long Beach If you or someone you know is experiencing homelessness and needs help please call: Los Angeles - 323.644.2200 San Diego - 619.786.2809 85AA -50 The PATH Mall Traveling all over the city to reach various supportive services can be time - consuming and frustrating. The PATH Mall aims to address this common issue by bringing together more than a dozen homeless service providers in a single location. People experiencing homelessness can access housing assistance, health services, employment counseling, and more, all under one roof services The PATH Mall men, women and children who live on the streets and provide The shopping mall is a staple of our modern culture, providing every store we could want in one convenient location. Rather than trekking back and forth to multiple stores to check the items off a shopping list, we can make a single trip to the local mall and find virtually anything we need. People experiencing homelessness typically do not have a reliable mode of transportation, or disposable income to drop on travel expenses, so trekking across the city and back in search of supportive services can feel like an almost impossible task. So, instead of asking people to travel to all of the different services they need, PATH has brought all of these services to one central location. Now, people who are homeless can make a single trip to the PATH Mall and access more than a dozen services designed to help them get back on their feet. Nationally recognized as an innovative and effective model for serving the homeless population in our country, last year the PATHMall helped 4,500 individuals access the services they need and break the cycle of homelessness in 85AA -51 their lives. The services we provide include: Health Center Mental Health Care (JWCH Institute) (Gateways Hospital) Legal Assistance Job Center (Public Counsel) (PATHFinders) Benefits Assistance Veterans Services 85AA -52 Substance Abuse Treatment (Free N One) Personal Care Center (Salon) Basic Services Showers, Restroonis, Phones, Mail, Toiletries, Clothing, Lunches Exemplary Program in Utah. Utah's Housing Works Program is Set to End Homelessness This Year Published: Feb 3, 2014 • References: housingworks.utah.gov & huffingtonpost Over the past five years, homelessness has dropped 69% in Utah and this year, it could be eliminated all together with the Housing Works program. Despite rising poverty rates across the United States, Utah is one state that is clearly doing something right. It's been a 10 year process, but the Ten -Year Strategic Action Plan to End Chronic Homelessness now aims to end the cycle of poverty in 2014. Quite simply, Utah is remedying homelessness by providing homes. Utah's Housing Works program provides a permanent home for its homeless citizens and gives them access to substance abuse programs, job training and other social services. Housing costs about 30% of state - facilitated income and residents are encouraged to be "good stewards of their personal and shared housing areas and maintain good relations with other tenants, case managers, and property managers." The Housing Works program is having such a profound effect on Utah, it may even be able to close some of its homeless shelters and reallocate these million dollar budgets to other homeless services within the community. 85AA -53 Pathways Housing First programs are based on the belief that housing is a basic human right. Pathways believes people should not have to prove that they are "housing ready" by first participating in treatment or by being clean and sober. Instead, Pathways moves people who are homeless and suffer from psychiatric disabilities directly from the streets into apartments of their own, instantly making them part of a community. Once settled in a stable living situation, they successfully engage with the variety of services available to them, such as psychiatric or substance abuse treatment, employment readiness and skills developments, and family reconnection. Job Openings > Access to treatment and support services is the other key ingredient to Access to treatment and support services is the other key ingredient to client success. Pathways offers services as long as a participant needs them and develops an individual Comprehensive Service Plan. Client- oriented services tend to focus on clinical, vocational, and health issues, and are provided through a multi - disciplinary team approach such as Assertive Community Treatment (ACT). These teams are available on -call 24 hours a day, seven days a week. Most services are provided in a participants "natural environment" usually that persons apartment, neighborhood, or workplace. Regardless of the treatment or service, staff members work collaboratively with each client to articulate goals as defined by the client and to help move that individual toward recovery and a full, meaningful life. 85AA -54 85AA -55 Our Model Pathways to Housing was founded by Dr. Sam Tsemberis in 1992, and is widely credited as being the originator of the Housing First model of addressing homelessness among people with psychiatric disabilities. The Housing First model is simple: provide housing first, and then combine that housing with supportive treatment services in the areas of mental and physical health, substance abuse, education, and employment. Housing is provided in apartments scattered throughout a community. This "scattered site" model fosters a sense of home and self - determination, and it helps speed the reintegration of Pathways clients into the community. The Pathways model has been remarkably successful in addressing chronic homelessness. Since its founding, Pathways has housed more than 600 people in New York alone, and the program maintains an 85% retention rate even amongst those individuals not considered "housing ready" by other programs. In addition to its New York headquarters, Pathways to Housing now has program offices in Washington DC, Philadelphia and Vermont, and the Pathways Housing First model has been replicated in more than 40 cities across the United States, as well as in Canada, Japan, the Netherlands, Spain, and Portugal. In 2009, Pathways to Housing received three prestigious federal stimulus grants from the Substance Abuse and Mental Health Services Administration (SAMHSA) to build new programs in new communities. SAMHSA is the agency charged with improving rehabilitative services to reduce the impacts of substance abuse and mental illnesses. Testimonials "Some people think when you give housing away that you're actually enabling people as opposed to helping them get better. Our experience has been that the offer of housing first, and then treatment, actually has more effective results in reducing addiction and mental health symptoms, than trying to do it the other way. The other way works for some people, but it hasn't worked for the people who are chronically homeless." — Sam Tsemberis Founder & CEO 85AA -56 "Pathways to Housing has made a significant contribution to ending homelessness in Philadelphia. We are thrilled to partner with them and look forward to working together until no one is living on our streets." - Sister Scullion Co- Founder and Executive Director of Project H.O.M.E. "In New York, we know firsthand the benefit of cutting -edge outreach strategies centered on the Housing First ideology. Without these important tactics, and the demonstrated work of Pathways to Housing, we would not be where we are today, with 47 percent fewer homeless individuals living on City streets since 2005." - Commissioner Robert V. Hess, Department of Homeless Services, NYC "In less than one year, Pathways in Philadelphia has housed 89 men and women, some of whom have lived on the streets of our city and passed through system after system for years. The Housing First model" engage, house, and serve is a tribute to human hope and compassion." — Dainette M. Mintz Director, Office of Supportive Housing, City of Philadelphia 85AA -57 "The Brooklyn Mental Health Court values highly its partnership with Pathways to Housing in keeping persons suffering with mental illness who are caught in the criminal justice system out of jail and in treatment." — The Honorable Matthew DEmic New York State Supreme Court Our Mission Statement As originators of the Housing First model, Pathways to Housing seeks to transform individual lives by ending homelessness and supporting recovery for those with psychiatric disabilities. We believe housing is a basic human right, and aspire to change the practice of homeless services by: .O . . 46, Providing immediate access to permanent independent apartments, without preconditions Setting the standard for services driven by consumer choice that support recovery and community integration Conducting research to find innovative solutions and best practices for those who suffer from mental illness and homelessness 85AA -59 HEALTHCARE Stout Street Health Center 2130 Stout Street, Denver, CO 80205 (303) 293 -2220 The Coalition has been delivering healthcare for the homeless in downtown Denver for more than 30 years. In September 2014, the new Stout Street Health Center and Renaissance Stout Street Lofts opened. This new development increases integrated health care access for up to 18,000 homeless individuals each year and provides supportive housing for 78 formerly homeless households. Watch the video. The 53,192 square foot Stout Street Health Center replaced the former Stout Street Clinic, an aging structure that lacked adequate space to effectively meet the complex health care needs of an expanding homeless population. The Health Center introduces a unique model of integrated health care targeted to the needs of homeless patients. It fully incorporates patient - centered, trauma- informed medical and mental health care, substance treatment services, dental and vision care, social services and supportive housing to more fully address the spectrum of problems homeless adults and children bring to their medical providers. In 2013, the Coalition provided health care services to 13,323 men, women and children, ranging in age from infancy to over 85. Common diagnoses include hypertension, diabetes and asthma. Frequently, homeless patients suffer from multiple diagnoses making treatment and care significantly more challenging than for people who are not experiencing homelessness. .O . . :oalition for 14 meless opens new health care facility in Denver - The ... LOCAL NEWS Coalition for Homeless opens new health care facility in Denver DyTom McGhee Y?m Dormer Post(maato:ttneghee @deny posLeom ?subject =The Denver Posb) POSTED: 09TOWI41201MMUMT 1 UPDATED, 90AYSAGO ,COMMENTS(11TTPIM DENWRPOSY.eOMMEMXI -, CPSDMOMITION}IOMELES"PENe.NEP NMTHLME.rJCIL1TY- OENVERm1a0U8 ?HREAO) Sisle a Skylar Joiner, 12, left, and Macttemas Joins,, 10, get mar school physicals and vaccines from Pediatric Was Practitioner Rem e, Shykind. The girls get their clncktp in are of the for Integrated health care soles. The Colorado Coalition for the Nameless will celebrate the gmad opening ... Denver's Inoculates can now get treated for vision and dental , problems, as well as physical and mental maladies, at a news ' r , one -stop beside cam facility that is believed to be the Only One of its kind in the country. The Stout Street Health Center, built and operated by the Colorado Coalition for the Homeless, provides olevel of ( /�rtjet/ rtirle integrated care to the boneless that is unique, said John Lae naviso t Parvens , coalition president. when a clefs 1 Icon ]ry, oarren in theesumevestarran aw5eaam uw eve =emu by pMient Apinysieian who sees apatient with mental issues or other hdNanbrm The' sued os aust8hot problems that require attention ran et that Person het light ReaM CnUherd Rhr. :stM away at the center at 2130 Stout St. street Left,IP uerdry. (Kaleya score omg, Theo ve1we0 Mental and physical health care, substance -abase treatment services, dental and vision rare, a phammcy, and social services are all available at the five -story building. The top three flours am lined with apartments for 78 immunity homeless households. Speed is important when treating the homeless, said David rd„' ryfi Otto, medical director of integrated health services at the Health Center. A doctor can send a patient o a mental health or other provider immediately, without having to make an appointment days or weeks in the future. '"This population needs immediate intervention," one said. ui>ulLeupM"I -Tt'1Ia a77r ca ill 1rt a n opening celebration forthe ul0yjsp?conteptito I� ens u t1= is er eobb(e vmlytns uses ne reuaatc on ee as ner an Renaissance Stout Street Lofts smmal vacuummaMer tdonany on ltresday, though the center has been treating patients since uhrole her nwenn betraw,t unit alma Strut aaaetlet6.(NIDeryu Salt calm-, Aug. 12. fie Oenum PoSg The 53,n02- square -foot Health Center replaces the nearby aging stout Stuart Clinic and provides "the most advanced integration of mental and physical health elm in the Country for the homeless or anyone else," Patvensky said. The $35 million -plus development was funded through federal tux incentives to investors, Affordable Cam Act capital funds, grunts from foundations and other sources. The medical facility is waited to reduce state and local costs for emergency health Uses, detox and other services by 3o percent annually, Perversity said. the old Stout street Clinic, which opened in 1985, was crowded and didn't offer the army of services available at the center. The meatier was drab compared to the Center, a high- caililfiSg l X-46 ,r the 2 of 5 MOST POPULAR UPOPULM oAY(IPOrUNR) HOUR(POPULon NEM POP—) 5P0RTSIP0PUlJTc e2(NOPULMn MErROPIRMI EMVLUPOPUWt) UPE1POPUL ) "Gore, eln'payliswr. A tole of M6181 C011W rtgl both Gripe aantlslily IMtp'ItAnvwtl root Mmovles l i t 44781c "d I t 1 -me wk comeachat - bolh- o'no nn7 m = et vowed) Coleman mustang ligIrts "R "1 Ik leaves finish t thers (httP'l/wewd MOSE COM /Vallasualre,mUcs 288520521 01 tl- s o t rt- - talk -sums m- finish- olh ? =moffi Mloweas nun Days E dh" a Nick Cave bio pogYm fiction flittrigew.deensLeafflL.Dent / 1 W88d 2W4A368120-000-davg--8tffi- n]ck-cqve-U sjnlv?souu1-Mi WKNERM Cider Days taSty Ode to October in Lakewood MUNIANVAN-dart COM 1pigmalmmenVel 261544374AT92 - d -1 sN- otle- moinner- Ik d? - t slowed) 'Goo, Ear t >'An hell ' atweakend boz offim flftgW. lbrwwtl e t / 1 r' r t 1 26667871/0 ' I-1 annabace-aLwookend - ho - ifi ? oureemmost viewed) C ntl book surealmome cmeed TV this fall, more itl dw—". a e t /Wevislonld 28652041! n9 - hn k. he - ro -lv4hi f II- a e =most viewed Quentin Tarantho Set Lq shesm'FlOmal Eight In Colorado fhil ' /lMavvttl n roe 1 m lynterharmamUci 266110601 ll - 1 tl o t- h t -Mi f Fef 1 t- I and ? - st viewed) trust mom nowig entegenaverg gangs (la�dl t n I n Telepsychiatry Providers Group of MD's and Psych -NP's in CA Serving remote areas since 2003 NEXT ARTICLE IN NEWS El Fns.Coaotyt SWAT rasp on the W soluldnl foghive (bttpr / /osrr.derererposLcmm /neau /,06668465/el- peso- cormty- awat-reaponde-eall.adCidal- fugitive?.om'ce= JB.rgYoker) x Continue to article... !el- paso - county- swat - responds- cell- sulcidal- fugluve?sourae=.laamcker) n 10/5/2014 1:52 Plv 'oalition for Hemeless opens new health care facility in Denver -The.., http:// www. denVerpoSt. ConvneWS /cl_Lowv .)yOJ/cuuiltrr,lm- u..r�.I...- ..r... r gleams and wood barvested from beetle -hill Denver Local Guide 55 Year Old Ellen Looks s5 treeslinestinewana. "W (http: / /mylocal.denverpost.com /) "I like it because it is even mom colorful" than 3..w. -, are old clinic said MacKenzie Joiner, lo, who, Featured Businesses lo with her r2- year -old sister, Skylardoiner, - Or OZ:Tetter than a facelift" � n a g mine to the center for a flu shot. Them are more boobs and "a lot more doctors' at the center, Skylar said. MacKenzie's mother, Zoe Rogers, said her family used the clinic often during the two years they were homeless. they recently got an apartment in Denver. "I love Stout Street, but this is nicer," Rogers said. The one- and two- bedmom apartments will be home to those will' ongoing health and psychological needs. "there is no reason to be late' to an appointment, said Bobbie Vaughn$, 48. when Vaughn recently moved in, she said she was so happyttmt "even though I had no focal[ rue, Ilaid on theflooe'and screamed Juries. Parvensky said one resident said of his apartment: "The thing I like about it is that it smells new. I haven't smelled new in such a long time." 85AA -62 The Denver Past ( http :Ilmyloeal.denverposLCaMOenver - CO /auto /aulodealarsms_Denver. Post -303- 954 -1000) Okinawa Japanese Cuisine ( http :Ilmyloml.denverpostconVdenver - CO/restaurantslmstau2nt$/Oklnawa- Japarlese- Cuisino- 303 - 727.8888) 8 & F Heating & AC (hnp:/lmyloml.denveipostconftiwat-ddge- CO/ house- and-hom /acsupplies/B -and- F-Haetingan6AC- 303 -031.8914) Hobby Town USA (http: / /mylocetdenverpost camllongmont- COlsWppinglgame- and- toy - stores /Hobby- Town -USA- 303- 774 -1557) Grape Leaf Wine & Spirits ( http: llmylocal.denverposl.coMdenver - CO/shoppinglliquor-sloreterape-Leat-Wine- and- Spirits -720- 941 -7117) Pint Denver Ahradions Search for a business Search by keyword of zip Add your business here+ (http: / /mylocal.denverpost.com N1ad0_1busihess) Around Colorado News yy 7mwsdernar (htip:Byoulu.b8s Ry7(1 MrNg) aowam "wa P Sabores que ley encantan a pus eonzones ENEEN. "Osq' NEXT .t3otte ulra.(lltiskaf�,vlua. suicidalfugitive (http: / /www.dmverpos[.com / news /ei_26668465 /el- paso- eotmty- zwat- responds - can- soiddnl- fugitive4sourec =JBaAlcker) n Continue to article... let- pasocounty- swat- respondsroall -st icidal- fugillve7soume=JesrRcker) 0 3 of 5 10/5/2014 1:52 PIv enaissance Stout Street Lofts rw ow Search Search Home Colorado Coalition for the Homeless • Skip to content e Ue Site a . Colorado Coalition for the Homeless Home Media Reporters e News Releases • Homelessness in the News Libre • PuNicationa • National Organizations • Colorado Organizations Jobs - -. Welcomx° . Benefits • Diversity eQ &A • Job Liatinos • Internships • STEP Call for Proposals Contact Us • Directions • Parking • if You Need Help Sion uo for vour free Coalition newsletters Sign Up Now http://www.coloradocoatition.Org/Wilat—We Q0/WIWL wc_uu_uuuou'yo... I x Who We Are Home / What We Do / Housirm / Renaissance Stout Street Lofts What We Do = a /A / +A_ Share I overview MHousing Beacon Place Renaissance Stout Street Lofts Forest Manor Denver County Fort Lyon Opened 2014 Forurn 2180 Stout Street Apartments Denver, Colorado 80205 Renaissance 88 78 Units: 59 one- and 19 two- bedroom apartments Renaissance Blue Near: 20th Street and Broadway, Curtis Park neighborhood Spruce Townhomes The Renaissance Stout Street Lofts feature 59 one- bedroom and 19 two - bedroom apartment homes including air conditioning, CAT -5 cabling and appliances. Amenities include on -site Renaissance at laundry facilities, a community room with a common kitchen and outdoor courtyard, a Civic Center computer room, elevator access, video surveillance systems and secured electronic access Renaissance at with underground parking. On -stte property managers and social workers are available to Concord Plaza residents for various services, as needed. This property is adjoining the Coalition's Stout Street Health Center. Renaissance ak Loretto Heights Renaissance at Download the Groundbreaking Celebration Program Lowry Boulevard Mew Photos from the Groundbreaking Celebration Renaissance at North Colorado Station Renaissance Off Broadway Lofts Renaissance Riverfront Lofts Renaissance Stout Street Lofts 1 of 85AA -63 Print this PageSend to Friend 10/5/2014 1:49 PM UlTor—w- What is the Illumination Foundation? MISSION Our mission is to provide targeted, interdisciplinary services for the most vulnerable homeless clients to break or prevent the cycle of homelessness. Why we need the Illumination Foundation? The Homeless Crisis in Orange County • 21,000 — 35,000 homeless people in Orange County * Over 26,000 Orange County public school students are living in unstable housing conditions • 3,400 shelter beds have high-entry qualifications that leave homeless people on the streets. 85AA-64 A child Is born Into poverty In OC every children ml,! In OC ­0� IN 6 OC CHILDREN of ch#dr*n In OC or* tt qpp rnor thon anywhere else In Colillornio 0 t ch9dren In OC receive of c hften U J every day In 06 at school The Homeless Crisis in Orange County • 21,000 — 35,000 homeless people in Orange County * Over 26,000 Orange County public school students are living in unstable housing conditions • 3,400 shelter beds have high-entry qualifications that leave homeless people on the streets. 85AA-64 Root Cause: • A critical shortage of affordable permanent housing • A minimum wage worker has to work 125 hours /week to afford a one - bedroom apartment • A shortage of affordable housing for renters can instigate a cycle of poverty ►A .IMI L Our vision is to break the cycle of homelessness using innovative, integrated care and a unique public/ private partnership. We assess homeless and unstably housed families and individuals to identify needs and provide immediate relief when necessary. We provide on -going interdisciplinary care that combines housing with case management, medical care, mental health and workforce services to decrease dependence on community resources. We offer a low -entry threshold to advance health and housing stability for the most vulnerable members of our community, with a focus on families and those with medical or mental health conditions. Experts on homelessness within Orange County agree that it has reached crisis proportions, and that there are not enough resources designated for chronic and emergency programs. With that understanding, IF was founded in late 2007 to effectively lower the barriers for Orange County's homeless population to access existing resources and services. In July 2008 IF launched the "Pre- Transitional Housing and Wrap - Around Program ", a comprehensive program that houses and supports homeless families with children in motels in Orange County. IF was established within the UC Irvine Health Care Executive MBA Program as a non -profit public charity organization. Today, IF's governing board consists of community leaders in medicine, nursing, social work, information technology and education. 85AA -65 Rumination Foundation: Contact Us Main Office o Main Headquarters 2691 Richter Ave, Suite 107 Irvine, CA 92606 (949) 273 -0555 Get Directions Rousing Services Stanton Multi - Service Centerlf you are in need of services, please connect with us here. 7855 Katella Ave. Stanton, CA 90680 (714) 507 -2459 Get Directions o Santa Ana Multi- Service CenterComing Soon1215 N. Ross Street Santa Ana, CA 92804 Get Directions Medical Services o Buena Park Community Clinic 8352 Commonwealth Ave, Unit A Buena Park, CA 90621 (714) 503 -0772 Get Directions Recuperative Services • OC Recuperative Care 7891 Whitaker Street, #132 Buena Park, CA 90621 Get Directions • Santa Fe Springs Recuperative Care 11111 Bloomfield Ave. Santa Fe Springs, CA 90670 Get Directions Children's Services o Children's Resource Center 8920 Pacific Ave. Anaheim, CA 92804 (714) 880 -8244 Get Directions 85AA -66 V lV Entailed To Karen Roper (county staff) on Oct. 6, 2014/ copied Julia Bidwell, Juanita Preciado. 7M OCT -b CAP 1p 54 CITY or SANTA Awi'� Dear Karen: CLEM I1t Please refer to Agenda Staff Report for meeting date December 10, 2013, Subject Ten -Year Plan to End Homelessness Status Report, page 2, paragraph 2: " establishment of a subcommittee consisting of City Managers and Planners to engage cities in support of the Ten -Year Plan goal of developing permanent housing options and other Plan goals as well as discussions on SB2 Zoning Code Amendments to site emergency shelters" Please provide a copy of the letter sent to City Managers and Planners for the organization and participation on this important sub - committee, documents generated from this committee work, and current status on plan and accomplishment of goal. * On the Commission To End Homelessness Organizational Chart, dated December 6, 2013 -- we did not see this sub - committee. Please provide more recent organizational chart if it has been updated. Let us know the status of this. Karen, we look forward to receiving the requested information. Sincerely, Susana C. Sandoval, Dora Lopez Residents of Santa Ana, Members of Community United for Environmental Justice 85AA -67 MEETING DATE: Agenda Item AGENDA STAFF REPORT LEGAL ENTITY TAKING ACTION: BOARD OF SUPERVISORS DISTRICT(S): SUBMITTING AGENCY /DEPARTMENT: DEPARTMENT CONTACT PERSON(S): ASR Control 13- 001081 12/10/13 Board of Supervisors All Districts OC Community Resources (Pending) Karen Roper(714)480 -2805 Julia Bidwell (714) 480 -2991 SUBJECT: Ten -Year Plan to End Homelessness Status Report CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF TnE BOARD Pending Review Approved Amended Bylaws to Form Discussion 3 Votes Board Majority Budgeted: N/A Current Year Cost: N/A Staffing Impact: No # of Positions: Current Fiscal Year Revenue: N/A Funding Source: N/A Prior Board Action: 1/24/2012 #31; 6/26/2012 #59 RECOMMENDED ACTION(S): Annual Cost: N/A Sole Source: N/A County Audit in last 3 years No Year of Audit 1. Receive and file Ten -Year Plan to End Homelessness Status Report. 2. Approve revisions to By -laws of the Commission to End Homelessness. Direct OC Community Resources and the Commission to End Homelessness to return to your Board with a progress report in December 2014 and annually thereafter. SUMMARY: Receipt of the Ten -Year Plan Status Report and approval of revisions to Commission to End Homelessness By -laws supports the implementation of the Ten -Year Plan to End Homelessness. BACKGROUND INFORMATION: On .Tune 26, 2012, your Board received a Progress Report from the Commission to End Homelessness (Commission). This report provided a status report on implementation of Orange County's Ten -Year Plan to End Homelessness. Page 1 . . .: Your Board initially requested quarterly progress reports via a Board Directive; however, the final Ten - Year Plan approved by your Board on January 24, 2012 calls for annual progress reports. The Ten Year Plan also requires progress reports to be made available to all 34 cities, the Grand Jury, and other stakeholders after filing with your Board. The current Status Report, submitted as Exhibit A, covers the reporting period of June 2012 through December 2013. This special reporting period was needed to address transition issues and to align the reporting period to the calendar year. As outlined in Exhibit E (Organizational Chart), the Commission has established several sub - committees and ad hoe committees that have contributed to successful plan implementation. Some of the Commission's most significant accomplishments during this reporting period include: development of action items for the Commission's four Implementation Groups, including expanding rapid rehousing and planning for implementation of Federal Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act requirements; research and conceptual design of a coordinated assessment and entry system; improvement in linkages to employment and other mainstream resources; establishment of a subcommittee consisting of City Managers and Planners to engage cities in support of the Ten -Year Plan goal of developing permanent housing options and other Plan goals as well as discussions on S132 Zoning Code Amendments to site emergency shelters; successful completion of the 2013 Point in Time Count of the Homeless; improvement in participation and data entry into the Homeless Management Information System (HMIS) resulting in an increase to 90% participation of emergency shelter and transitional housing beds in Orange County; and planning efforts to establish year -round emergency shelters and multi- service centers. In addition to the status report, revisions to the Commission By -laws are submitted for approval by your Board. The Commission is recommending By -law revisions to comply with Federal HEARTH Act requirements and to further support Plan implementation. Major revisions include: provision to allow Chair and Vice Chair appointments to be Public or Private; addition of an appointment of a homeless /formerly homeless individual to serve on the Commission; the addition of a Commission appointment from the Superintendent of Schools; clarification that the annual report should be filed with the Grand Jury and not the Orange County Jurors Association; clarification that the Board of Supervisors approves the Commission's Appointing Bodies and the Appointing Bodies make Appointments according to the terms of the By -Laws; and other minor changes. The Commission was previously staffed by a consultant Executive Director who served from July 2011 to June 2012. When the consultant Executive Director moved out of state in June 2012, the Commission appointed Karen Roper as the Interim Executive Director. On October 25, 2013, the Commission's Executive Committee recommended that Karen Roper be appointed as the permanent Executive Director. The Commission will be considering this recommendation at a future meeting. This appointment is consistent with other advisory Boards for OC Community Resources /OC Community Services as Karen also serves as the Executive Director of the Housing & Community development (H &CD) Commission. 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