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HomeMy WebLinkAbout FULL PACKET_2015-10-06MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 15, 2015 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES (5:18 p.m.) MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO (5:29 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 5:15 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: 1901 First Street Owner, LLC v. Tustin Unified School District; Case No.: 30- 2015- 00803234 -CU -W M -CJC CITY COUNCIL MINUTES 1 SEPTEMBER 15, 2015 1 0A -1 2. 3. [AN LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Claimant: 1901 First Street Owner, LLC CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: APN # 003 - 113 -81; 26,354 sq. ft. (0.61 acres) Santa Ana, CA Negotiators: City Manager David Cavazos, Community Development Agency Director Kelly Renders, and Net Development Co. President Kevin Coleman Terms: Conditions of potential sale. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) Service Employees' International Union (SEIU) Full -Time Employees Agency Negotiator: City Manager, David Cavazos Employee Organizations: Executive Management (EM) 5. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager CLOSED SESSION REPORT - See Item 19A for any reportable actions. RECESSED AT 6:01 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 SEPTEMBER 15, 2015 1 0A -2 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:02 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO (6:26 P.M.) 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 MAYOR PULIDO ERIC WAKELING, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the Friends of Santa Ana Zoo Board for their unwavering support and dedication to the Santa Ana Zoo at Prentice Park. PROCLAMATION presented by COUNCILMEMBER MARTINEZ to the Hispanic Bar Association of Orange County in recognition of Hispanic Heritage Month. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to Vincent Tinajero for being chosen to represent the Far West Team as a United States Specialty Sports Association (USSSA) All- American. CITY COUNCIL MINUTES 3 SEPTEMBER 15, 2015 1 0A -3 CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER REYNA to the Assistance League of Santa Ana for their contributions to Santa Ana students through the Operation School Bell® program. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to volunteer coaches for their dedication and support of the City's Rookie Baseball program: Brian Espinoza; Victor Espinoza; Joseph Margo; Jaqueline Martinez; Samuel Martinez; Jimmy Patino; Mauricio Reyes; Caroline Rodriguez; Cato Rojas; Veronica Rojas. CLOSED SESSION REPORT — No reportable actions. PUBLIC COMMENTS • Thelma Villanueva, made general comments about corruption in Orange County and recall efforts underway. • Steve Rocco, spoke of recall petition; home invasion and recent fire. • Doria Ramos, thanked the City Council for opening the library on Sundays. • Brenda Velasco, thanked City Council for supporting Arid Garden Underground Aquifer (AGUA) project through the Library; requested $100,000 for continued education component. • Dylan Thompson, invited all to Connect to Council's forum on Community Policing taking place September 16t" CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar items 10A through 31 B, with the following modifications: • Councilmember Martinez pulled Agenda Items 25B, 31A and 31B for separate discussion. MOTION: Amezcua SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Pulido, Martinez (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento, Tinajero (3) CITY COUNCIL MINUTES 4 SEPTEMBER 15, 2015 1 0A -4 ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 1, 2015 {STRATEGIC PLAN NO. 5, 11 - 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: ORDINANCE ADOPTING EXPEDITED SOLAR PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office Placed on first reading at the September 1, 2015 City Council meeting and approved by a vote of 5 -0 (Sarmiento and Tinajero absent) Published in The Notice (LASOC) on September 4, 2015. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2884 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE REGARDING EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATE MIKE TARDIF TO THE HISTORIC RESOURCES COMMISSION BY COUNCILMEMBER AMEZCUA AS THE WARD 3 REPRESENTATIVE FOR A PARTIAL TERM EXPIRING DECEMBER 13, 2016 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Appoint Mike Tardif, Ward 3 Resident, to the Historic Resources Commission (Replaces C. Rosas). CITY COUNCIL MINUTES 5 SEPTEMBER 15, 2015 1 0A -5 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — None 19C. STRATEGIC PLAN MONTHLY REPORT FOR AUGUST 2015 {STRATEGIC PLAN NO. 5, 1) - City Manager's Office MOTION: Receive and file. 19D. PUBLIC SAFETY REPORT ON POLICE AND FIRE /EMERGENCY MEDICAL SERVICES {STRATEGIC PLAN NO. 1, 5) - Police Department MOTION: Receive and file. 19E. COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PROGRAM UPDATE {STRATEGIC PLAN NO. 1, 2F} - Police Department MOTION: Receive and file. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 15 -077 - PURCHASE OF THREE CHEVROLET COLORADO TRUCKS (STRATEGIC PLAN NO. 6, 2) - Finance & Management Services MOTION: Authorize a one -time purchase and payment of purchase order to Guaranty Chevrolet, in an amount not to exceed $85,605 subject to non - substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 15 -051 - MANHOLE FRAMES AND COVERS {STRATEGIC PLAN NO. 6, 1B} (Public Works Agency) - Finance & Management Services MOTION: Award a contract to Alhambra Foundry Company, Ltd., subject to non - substantive changes approved by the City Manager and City Attorney, for a one -year period expiring September 30, 2016, CITY COUNCIL MINUTES 6 SEPTEMBER 15, 2015 1 0A -6 with provisions for three one -year renewals exercisable by the City Manager, in an annual amount not to exceed $73,800, for a total contract amount not to exceed $295,200. 22C. SPEC. NO. 15 -022 - FIRE ALARM SYSTEM CONTROL PANEL REPLACEMENT AT THE CITY'S CORPORATE YARD {STRATEGIC PLAN NO. 6, 1 C} - Finance & Management Services MOTION: Authorize a one -time purchase and payment to SimplexGrinnell in an amount not to exceed $45,000, subject to non - substantive changes approved by the City Manager and City Attorney. 22D. SPEC NO. 15 -064 - FENCING CONSTRUCTION, MAINTENANCE AND REPAIRS {STRATEGIC PLAN NO. 6, 1B} (Parks, Recreation & Community Services Agency) - Finance & Management Services MOTION: Award contracts for a one -year period expiring September 30, 2016, with provisions for three one -year renewals exercisable by the City Manager, in an annual amount not to exceed $100,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Quality Fence Company Paramount Hillsborough Fence Company La Mirada Real Estate Consulting Santa Ana AGREEMENTS 25A. EMPLOYEE GROUP INSURANCE RENEWALS {STRATEGIC PLAN NO. 7, 6} - Personnel Services Agency Continued from the September 1, 2015 City Council meeting by a vote 7 - 0. MOTION: 1. Authorize the City Manager and Clerk of the Council to execute agreements for the renewal of long term disability, dental, vision, employee assistance, employee group life and accidental death and dismemberment insurance from January 1, 2016 to expire on December 31, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 7 SEPTEMBER 15, 2015 1 0A -7 AGMT NO. 2015 -206 Delta Dental AGMT NO. 2015 -207 Metlife 2. Authorize the City Manager to approve the rates as offered by CalPERS for 2016 Health Premiums for medical insurance. 3. Authorize the City Manager and Clerk of the Council to recognize the ongoing agreement with REACH Employee Assistance, Inc. executed in January 1, 2015 expiring on December 31, 2017 (AGMT NO. 2014 - 176 -01). 25B. AGMT NO. 2015 -208 - INCREASE CONTINGENCY FOR LED STREETLIGHT IMPROVEMENTS PROJECT 15 -6002 {STRATEGIC PLAN NOS. 6, 1 B, 1 C, '1 G) - Public Works Agency Councilmember Martinez, requested clarification on need for additional funding, location; need to have equity across the City. Councilmember Benavides, echoed comments and asked that staff evaluate public safety component. MOTION: Amend the agreement with California Professional Engineering to increase the contingency for construction of the LED Streetlight Improvements by $30,000, which increases the total contingency amount to $50,000 and the total agreement amount to $528,020. MOTION: Martinez SECOND; Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25C. AGMT NO. 2015 -209 - SALE OF LAND AT 510 E. SECOND STREET; APN 398 - 491 -40 (STRATEGIC PLAN NO. 3, 3) - Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement between the City of Santa Ana and Rupert CITY COUNCIL MINUTES 8 SEPTEMBER 15, 2015 MIM Akoubian, for the sale of real property located at 510 East Second Street for $40,000, subject to non- substantive changes approved by the City Manager and City Attorney. 25D. AGMT NO. 2015 -210 - POLICE DIGITAL IMAGING MANAGEMENT SYSTEM (DIMS) STORAGE ENHANCEMENTS {STRATEGIC PLAN NO. 1, 3A} - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to our existing three -year agreement with Linear Systems, in an amount not to exceed $36,400, for a total amended agreement not to exceed $126,400, subject to non - substantive changes approved by the City Manager and City Attorney. 25E. AGMT NO. 2015 -211 - CITY COUNCIL DONATION AGREEMENT WITH THE DELHI CENTER {STRATEGIC PLAN NO. 5, 4} - City Manager's Office MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Delhi Center for a one -time donation amount of $500, subject to non - substantive changes approved by the City Manager and the City Attorney. LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2015-06 TO ALLOW A 50 -FOOT HIGH WIRELESS FACILITY FOR SPRINT PCSAT 2116 WEST MONTE VISTA AVENUE — ALEXANDER LEW, APPLICANT {STRATEGIC PLAN NO. 3 21 - Planning and Building Agency 3113. Planning Commission approved recommended action on August 24, 2015, by a vote of 5 -0 (Gartner & Nalle absent). Councilmember Martinez, noted for the record that she will not support Agenda Items 31A and 31B due to lack of policy on retrofitting wireless facilities. CITY COUNCIL MINUTES 9 SEPTEMBER 15, 2015 1 0A -9 Councilmember Benavides, will not support Agenda Item 31 A; requested consideration of screen ings /fagades; proposed antenna to be located in public facility and taking away open space. City Manager Cavazos, noted that proposal is retrofit of existing facility. Mayor Pro Tern Sarmiento, motion to continue consideration of Agenda Item 31A and 31B to allow further discussion. MOTION: Continue consideration of Agenda Items 31A and 31B to the October 6, 2015 City Council meeting. MOTION: Sarmiento SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ORDINANCES /FIRST READING 50A. ZONING ORDINANCE AMENDMENT NO. 2015 -03 TO UPDATE THE HOUSING OPPORTUNITY ORDINANCE TO ALLOW PAYMENT OPTION TO PIPELINE PROJECTS, ALLOW DEVELOPERS OF FOR - SALE UNITS THE OPTION OF RENTING OR SELLING, AND ALLOW PERMITTED CONCESSIONS TO DEVELOPERS OPTING TO PROVIDE INCLUSIONARY HOUSING UNITS {STRATEGIC PLAN NO. 5, 3) - Planning and Building Agency MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2885 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XVIII.I OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE CITY COUNCIL MINUTES 10 SEPTEMBER 15, 2015 1 0A -10 MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 50B. EMERGENCY ORDINANCE ADOPTING A 45 -DAY MORATORIUM ON THE ESTABLISHMENT OF ANY SHORT -TERM RESIDENTIAL RENTAL USE {STRATEGIC PLAN NO. 5, 4) - Planning and Building Agency Douglas MacLeith, spoke in support of short term vacation rentals. Council discussion ensued. Mayor Pro Tern Sarmiento, indicated that City Council will consider options post moratorium; need to create balance between both interests. Councilmember Amezcua, asked if moratorium would prevent Mr. MacLeith from renting home; how many homes will be impacted with moratorium. City Manager Cavazos, moratorium will allow staff time to analyze issue and offer options. MOTION: Adopt an emergency ordinance. (Requires five affirmative votes) ORDINANCE NO. NS -2886 - AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA ADOPTING A 45 -DAY TEMPORARY MORATORIUM ON SHORT -TERM RESIDENTIAL RENTAL USES 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 11 SEPTEMBER 15, 2015 1 0A -11 RESOLUTIONS 55A. REAFFIRM RESOLUTION TO DESIGNATE THE CITY OF SANTA ANA AS A RECYCLING MARKET DEVELOPMENT ZONE {STRATEGIC PLAN NO. 3, 3, C) - Community Development Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2015 -052 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO DESIGNATE THE CITY OF SANTA ANA AS A RECYCLING MARKET DEVELOPMENT ZONE (RMDZ) 2. Authorize the City Manager to forward the Resolution to the City of Huntington Beach for inclusion in the regional Recycling Market Development Zone application to CalRecycle. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B. FY2015 HOMELAND SECURITY GRANT PROGRAM APPROPRIATION ADJUSTMENT AND RELATED AGREEMENTS (STRATEGIC PLAN NO. 1.2, 6) - - Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2015 -053 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE FY2015 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM CITY COUNCIL MINUTES 12 SEPTEMBER 15, 2015 1 0A -12 2. AGMT NO. 2015 -212 - Authorize the City Manager, and the Chief of Police, or his designee(s) to execute a three -year grant award agreement with the State of California, California Governor's Office of Emergency Services for the FY2015 Urban Areas Security Initiative funding program in the amount of $4,400,000. 3. AGMT NO. 2015 -213 - Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training with the County of Orange or any of the cities located in the designated Anaheim /Santa Ana Urban Area. 4. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -034 - Recognizing $4,400,000 in the FY 2015 Urban Areas Security Initiative revenue account and appropriate same to expenditure accounts. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C. A RESOLUTION ACCEPTING THE DONATION OF TEN ANTIQUE - STYLE STREETLIGHT POLES FROM THE FLORAL PARK NEIGHBORHOOD ASSOCIATION {STRATEGIC PLAN NO. 6, 1C) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2015 -054 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF TEN HISTORICAL REPRODUCTION STREETLIGHT POLES FROM THE FLORAL PARK NEIGHBORHOOD ASSOCIATION MOTION: Amezcua VOTE: AYES SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, CITY COUNCIL MINUTES 13 SEPTEMBER 15, 2015 1 0A -13 Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65A. APPROVE CALENDAR OF CITY COUNCIL MEETINGS AND COUNCIL COMMITTEE MEETINGS FOR 2016 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office Councilmember Martinez, motion to approve with comment, seconded by Amezcua. Asked if City Council had been polled as to what meeting during the summer was best to cancel. City Manager Cavazos, indicated that July had been proposed to allow City Council vacation time and not conflict with back to school schedules in August. MOTION: Continue consideration of matter to the October 6, 2015 City Council meeting. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) PUBLIC HEARINGS 75A. RESOLUTION MODIFYING THE FY 2015 -16 MISCELLANEOUS FEE SCHEDULE TO REDUCE EXPIRED METER PARKING CITATION FINES AND ADD ADMINISTRATIVE FEES FOR THE OVERSIGHT AND IMPLEMENTATION OF THE HOUSING OPPORTUNITY ORDINANCE {STRATEGIC PLAN NOS. 4, 2A; 3, B; 5, 313} - Finance & Management Services and Community Development Agency CITY COUNCIL MINUTES 14 SEPTEMBER 15, 2015 1 OA -14 75B Legal Notice published in The Notice (LASOC) on September 4 and 11, 2015. Mayor Pulido opened the Hearing Hearing closed. MOTION: 1. Adopt a resolution. There were no speakers and the RESOLUTION NO. 2015 -055 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING THE UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2015 -2016 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -033 - Recognizing estimated inclusionary housing administrative fees in the amount of $7,470 in the Inclusionary Housing Fund revenue account and appropriating the same in expenditure accounts. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT {STRATEGIC PLAN NO 4, 1- Community Development Agency Legal Notice published in the Orange County Register, La Opinion (Spanish), and Nguoi Viet (Vietnamese) on August 28, 2015. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. CITY COUNCIL MINUTES 15 SEPTEMBER 15, 2015 1 0A -15 MOTION: Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, 75C. RESOLUTION TO AUTHORIZE NEGOTIATION FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 1232 SOUTH BRISTOL STREET; APN 109 - 421 -21 and 22 (NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G & 3, 2C} - Public Works Agency, City Attorney's Office and Community Development Agency Legal Notice published in The Notice (LASOC) on September 4, 2015. Mayor Pulido opened the Hearing Hearing closed. MOTION: Adopt a resolution. There were no speakers and the RESOLUTION NO. 2015 -056 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DIRECT NEGOTIATIONS FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 1232 SOUTH BRISTOL STREET AND 1244 SOUTH BRISTOL STREET MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: "Matter reconsidered; Amezcua, Benavides, Martinez, Pulido Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Councilmember Martinez retracted her "No" vote. CITY COUNCIL MINUTES 16 SEPTEMBER 15, 2015 1 0A -16 COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. CONSIDER OPTIONS FOR FLYING THE RAINBOW FLAG AT CITY HALL - Councilmember Tinajero The following residents spoke on the matter: • Dave Hoen, spoke in support of flying the Rainbow flag year- round; symbolism of equality, love and acceptance. • Darren Shippen, supports flying under the City flag on Harvey Milk Day, Pride Day and any other designated dates. • Ian Van Cong, spoke on behalf of Rainbow Foundation, spoke in support of matter; thanked the City Council for historically supporting lesbian, gay, bisexual and transgender. Councilmember Tinajero, spoke of challenges, racism and other obstacles that many segments of our community continue to face; Rainbow flag is a welcoming symbol. Councilmember Amezcua, supports matter; City will send strong message that we embrace diversity - leaders. Councilmember Benavides, difficult position for City Council to consider because need to balance interest of all members of the community. Councilmember Martinez, asked that equality be considered for all that have contributed to this community; supports flying flag during Harvey Milk and Pride Month; need policy to address all future requests. Mayor Pro Tern Sarmiento, thanked Councilmember Tinajero for bringing matter forward for consideration; supports issue; interest now legally protected, flying flag is symbolic and embraces diversity; City to honor struggles of LGBT and others. Councilmember Reyna, supports process and adoption of policy for flying various types of flags. Mayor Pulido, inclusionary process essential, develop policy for flying rainbow flag and other flags on designated dates; important to celebrate equality and diversity of all. Councilmember Tinajero, motion to direct staff to fly the Rainbow Flag on Harvey Milk Day, May 22 thru end of June for Gay Pride Month, seconded by Mayor Pro Tern Sarmiento. CITY COUNCIL MINUTES 17 SEPTEMBER 15, 2015 1 0A -17 Councilmember Martinez, friendly amendment to develop policy to address flying of other flags. Mayor Pulido, consider developing policy prior to approval of flying rainbow flag on designated dates. Councilmember Reyna, pointed out that approval tonight not time sensitive, best to develop policy. Councilmember Benavides, echoed comments. Substitute motion to direct staff to develop policy within 45 -days, seconded by Reyna. Mayor Pro Tern Sarmiento, supports process and moving forward. SUBSTITUTE MOTION: Direct staff to develop a policy to provide procedural guidance on flying varied flags and return to City Council for consideration within 45 days. MOTION: Benavides SECOND: Reyna VOTE: AYES: Benavides, Pulido, Reyna (3) NOES: Amezcua, Martinez, Sarmiento, Tinajero (4) ABSTAIN: None (0) ABSENT: None (0) FRIENDLYAMENDED MOTION. Direct staff to fly the Rainbow Flag under the City Flag at City Hall from May 22 through end of June in commemoration of Harvey Milk and Gay Pride Month and direct staff to develop a policy to provide procedural guidance on flying other flags throughout the year. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: WORK STUDY SESSION SECOND: Sarmiento Amezcua, Martinez, Sarmiento, Tinajero (4) Benavides, Pulido, Reyna (3) None (0) None (0) CITY COUNCIL MINUTES 18 SEPTEMBER 15, 2015 1 0A -18 WS -A. REALLOCATION OF SURPLUS / BUDGET SURPLUS COUNCIL PRIORITIES (FMS) - City Manager's Office The following residents spoke on the matter: • Ana Urzua, representing Building Healthy Communities, submitted recommendations on behalf of the organizations they represent for consideration - align with Strategic Plan. • Adrian Munoz, opined that surplus funds be dispersed throughout the neighborhoods. • Georgina Maldonado, supports recommendation as submitted by the Building Healthy Communities Initiative. • Vattana Peong, representing Cambodian Family, spoke in support of recommendations by Building Healthy Communities. • Jose Rea, supports Pacific Electric Right -of -Way, requests lighting to increase use; need to enhance services for homeless. • Rosalia Vargas, representing Parques Familias Corazones Verdes; requested $2 million of surplus funds for area improvements and support programming. • Graciela Medina, representing Manos Unidas, requested assistance in establishing location to sell homemade goods; goals would benefit families, achieve dreams and build sustainable business. • Araceli Robles, member of Building Healthy Communities, support petition submitted, developed collaboratively; supports skate park and diverse programs. • Luis Sarmiento, supports proposal submitted by Building Healthy Community. • Carlos Melendez, requested water fountain and bathroom facilities at Plaza Santa Ana among other improvements in the Downtown. • Concepcion Rodriguez, requested extended hours of operation of Garfield Community Center. • Abraham Medina, requested funding for community violence training in collaboration of the Police Department; hire of intervention workers; diversion program and community conferencing for youth alternatives to detention centers. • Ricarda Diaz, representing Parques Familias Corazones Verdes; spoke in support of organization's mission and micro -farm proposal. • Susana Sandoval, co -Chair of the Santa Ana Healthy Neighborhoods Alliance and the Community United for Environmental Justice, supports basic human services for homeless; need to establish location for moving homeless out of area and into multi- faceted center. • Ian Daeluciam, representing The Heart of Delight, support homeless community and check -in center in Civic Center area. • Madeleine Spencer, concerned with inconsistency of implementing funds; also expressed concern with lack of activities for children at Fiestas Patrias. CITY COUNCIL MINUTES 19 SEPTEMBER 15, 2015 1 0A -19 • Dylan Thompson, spoke in support of check -in center and amenities for homeless including their hiring; supports spending platform as presented by Building Healthy Communities. • Jorge Arredondo, supports proposal of Building Healthy Communities and disbursement of some funds for safe active infrastructure projects and programs for our youth. City Manager Cavazos, presented staff report. Purpose Discuss and obtain additional consensus on Mayor /Council Member priorities One -time expenditures for Surplus Allocation REVISED SURPLUS ALLOCATION REVISED SURPLUS ALLOCATION CONT'D bEi4RTMENT YEARI FUTURE YEARS ALLOCATION PARKS AND RECREATION $5,201,200 $12,103,000 Safety Items - Deferred Maintenance Cabrillo Park Tennis Court Cabrlllo Park Tennis Court - Clay Skate Park ($800,000) Birch Park Restroom and Fence Joint Use -Go llnez Field and Track REVISED SURPLUS ALLOCATION CONT'D A ALLOCATION NEEDS CIVIC, B Wellness Strategies / Calle Cuatro $25,000 Pension Stability Fund $500,000 COMMUNITY DEVELOPMENT $200,000 Branding Study FINANCE $3,845,000 $6,310,000 Facility Repairs $16,730,000 Fleet Replacement REVISED SURPLUS ALLOCATION CONT'D bEi4RTMENT YEARI FUTURE YEARS ALLOCATION PARKS AND RECREATION $5,201,200 $12,103,000 Safety Items - Deferred Maintenance Cabrillo Park Tennis Court Cabrlllo Park Tennis Court - Clay Skate Park ($800,000) Birch Park Restroom and Fence Joint Use -Go llnez Field and Track REVISED SURPLUS ALLOCATION CONT'D A p . B PLANNING AND BUILDING $1,100,00 $1,000,000 General Plan Metro East PUBLIC WORKS AGENCY $2,500,000 $16,730,000 SA RTC' and GIS SANTA ANA POLICE DEPARTMENT $650,000 $1,850,000 Body Cameras TECHNOLOGY $3,038,600 $5,690,960 Information Technology ' Additional SARTC funding pending CDBG allocation CITY COUNCIL MINUTES 20 SEPTEMBER 15, 2015 1 OA -20 REVISED SURPLUS ALLOCATION CONT'D fUNDS - YEAR 1!80881 €PAB$ ALTRSCATION NE`F S Available Funds for Priorl0zatlon $11,250,000 Shortfall $5,809,800 $5,809,800 $48,993,760 Other potential funding sources available: • Sale of Bristol Street Property- $2.1 milllon In CDBG funds • Use of Economic Uncertainty Funds (in excess of 20% Reserves)- $3.8 million • Recommended for SARTC to be repaid with higher rents • UUT Passed- allows for Investment of fund ADDITIONAL CITY COUNCIL PRIORITIES /CONSIDERATIONS Joint Use Program Ad /Placemaking /Beautificafion Santa Ana Tax Free Day Willowick Golf Course Orange County Marathon Homeless Santiago Creek Feasaillty Study One Broadway Plaza Unfunded Liabilities South Main Infrastructure Amenities Voter Re9lstratlon /Educatlon COTC Capital Deferred Maintenance No specific funding amounts allocated at this time. Councilmember Martinez, asked that collegues meet with City Manager or staff to offer recommendations on distribution of funds; thanked Building Healthy Communities for engagement; supports place making, but mindful of projects that have on -going expenses. Mayor Pulido, inquired as to $3.8 million one -time economic development investment fund that should be included in surplus funds, add sale of surplus parcel on Bristol Street which is excess of $2 million. Councilmember Amezcua, asked that a portion of reserve funds be considered for infrastructure funds. Mayor Pro Tern Sarmiento, asked that staff look at areas to invest and maximize funding; opined that base line standard is what should be considered. City Manager Cavazos, thanked the City Council for feedback and noted that as an example of maximizing funds, City can increase rents at Santa Ana Regional Transportation Center (SARTC) after improvements completed. City Council to provide feedback to the City Manager or staff on recommendations. CITY COUNCIL MINUTES 21 SEPTEMBER 15, 2015 1 OA -21 WS -B. GENERAL PLAN UPDATE WORK PROGRAM - Planning and Building Agency Continued from the August 4, 2015 City Council Meeting by a vote of 4 -0 and from the September 1, 2015 City Council Meeting by a vote of 4 -0 (Benavidez, Martinez, and Sarmiento absent). City Council asked that presentation be distributed to all and provide any feedback to staff; matter to be agendized as receive and file at subsequent City Council Meeting. COMMENTS 90A. CITY MANAGER'S COMMENTS • Fred Mousavipour, announced that the City of Santa Ana has been awarded three grants for Active Transportation totaling $11.3 million for bike lane improvements. Councilmember Martinez noted for the record that City has received over $30 million in grant funds for active transportation projects; congratulated staff for efforts. CITY COUNCIL RECONVENED TO CLOSED SESSION AT 9:18 P.M. ADJOURNED- 10:45 p.m. — The next meeting of the City Council is scheduled for Tuesday, October 6, 2015 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 Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Mater Del High School Parking Structure and School Expansion Project Community Engagement Plan CITY COUNCIL MINUTES 22 SEPTEMBER 15, 2015 1 OA -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: ORDINANCE SECOND READING: ZONING ORDINANCE AMENDMENT NO. 2015 -03 TO UPDATE THE HOUSING OPPORTUNITY ORDINANCE TC ALLOW PAYMENT OPTION TO PIPELINE PROJECTS, ALLOW DEVELOPERS OF FOR -SALE UNITS THE OPTION OF RENTING OR SELLING, AND ALLOW PERMITTED CONCESSIONS TC DEVELOPERS OPTING TO PROVIDE INCLUSIONARY HOUSING UNITS (S=/Z�n O. ) CITY M ANAG R RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On September 15, 2015, the following Ordinance was introduced for first reading and City Council authorized publication of title by a vote of 7 -0: ORDINANCE NO. NS -2885 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XVIII.I OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE 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 action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2885 11 A -1 11 A -2 LS 9.10.15 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XVIII.I OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE 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. On September 1, 2015, City Council recently updated the Housing Opportunity Ordinance (Ordinance No. NS -2881) to allow for more consistent implementation of the ordinance as well as to simplify the calculation of the in lieu fee. B. Upon review of the updated ordinance, a few additional areas were identified that warrant an amendment to the updated Housing Opportunity Ordinance. SECTION 2. The following sections of Article XVIII.I (Housing Opportunity Ordinance) are hereby amended as follows: Sec. 41.1902. Applicability and Inclusionary Unit Requirements (a) Applicability. The requirements of this Article shall apply to any new Residential Project located within the City, including new construction, and condominium conversions which exceed the General Plan prescribed densities. (b) Applications. The requirements of this Article shall apply to any new Residential Project proposed in connection with an application to do any of the following: (1) Increase the permitted residential density of the subject property above the density permitted by applicable zoning at the time of the application. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the applicable zoning. (2) Increase in the permitted residential density or percentage of residential development allowed due to City initiated zone changes after November 28, 2011. (3) Increase the permitted percentage of residential development allowed for a mixed -use development above the percentage at the time of the application. Ordinance No. 2015 -XXX Page 1 of 5 11 A -3 LS 9.10.15 The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the applicable zoning. (4) Approval of new projects in an overlay zone site plan permitting residential land uses pursuant to Division 28 of this Chapter. (5) Convert rental units to condominium ownership. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the applicable zoning. (c) Units for sale. If the new Residential Project consists of units for sale, then a minimum of 15- percent of the total number of units in the project shall be sold or rented to Low Income Households. (d) Rental units. If the new Residential Project consists of rental units, then a minimum of 15- percent of the units shall be rented to Low - Income Households, or 10- percent rented to Very Low - Income Households. (e) Rounding of quantities in calculations. In calculating the required number of Inclusionary Units, fractional units shall be rounded -up to the next whole unit. The Developer may choose to pay an in -lieu fee set forth in Section 41- 1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing Inclusionary Units. Notwithstanding any other provision of this Article, any Residential Project subject to this Article that results in the displacement of Very Low and /or Low Income Household(s) shall be required to provide on -site Inclusionary Units as required by this Article. (g) Compliance with Article. All Inclusionary Units required by this Article shall be sold or rented in compliance with this Article. Sec. 41- 1904.1. Inclusionary Housing Development Incentives For Production of Units (a) In order to make the production of new Inclusionary Units on -site or off -site or off - site rehabilitated units, certain incentives, standards and concessions shall be allowed and prescribed as set forth herein below. Such concessions shall not be available to those Developers that choose to pay an in lieu fee rather than build the units. The Developer may opt to take advantage of up to two (2) concessions among the following possible concessions: Ordinance No. 2015 -XXX Page 2 of 5 11 A -4 LS 9.10.15 (1) Parking Concession: one (1) on -site parking space for each 0 -1 bedroom unit; two (2) on -site parking spaces for each 2 -3 bedroom unit; 2'/2 parking spaces for each 4 or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards: (i) Setback reduction of up to 25% reduction on subject property; (ii) Height increase of up to 20 additional feet; (iii) Density Bonus such that: a) An applicant must select only one housing affordability income level to merit a density bonus. A combination of affordable housing income levels is not permitted to be combined to increase the amount of density bonus. b) For each 1 percent increase above 15 percent in the percentage of units affordable to low income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent. c) For each 1 percent increase above 10 percent in the percentage of units affordable to very low income households, the density bonus shall be increased by 2.5 percent up to a maximum of 35 percent. Sec. 41 -1910. Administrative (a) In -Lieu Fee Calculation. The amount per square foot of the inclusionary housing in- lieu fee shall be subject to City Council review and consideration before the end of calendar year 2018, but after June 30, 2018. Between July 1, 2018 and December 31, 2018, staff shall report on the effectiveness of this ordinance and provide options for Council consideration on the components of this ordinance, including, but not limited to, the monetary amount of inclusionary in -lieu fee per square foot. (b) Pipeline Projects. The applicant(s) of any project for which a site plan review application was submitted and such application was deemed complete prior to August 4, 2015 may either construct the inclusionary units pursuant to the prior Housing Opportunity Ordinance (Ordinance No. NS -2825) or pay an in lieu fee calculated by the formula under the prior Housing Opportunity Ordinance (Ordinance No. NS -2825) or request to revise its Inclusionary Housing Plan and /or Inclusionary Housing Agreement and pay an in -lieu fee of $9.35 per square foot of habitable space for the entire Project's inclusionary housing obligation. (c) Administration Fees. The Council may by resolution establish reasonable fees and deposits for the administration of this Article including an annual monitoring fee and an Inclusionary Housing Plan Submittal fee. Ordinance No. 2015 -XXX Page 3 of 5 11 A -5 LS 9.10.15 (d) Monitoring /Audits. At the time of initial occupancy, and annually thereafter, the City will monitor the Project to ensure that the income verifications are correct and in compliance with the Inclusionary Housing Administrative Procedures. For ownership units, the City shall monitor to verify that owner - occupancy requirements are maintained. Developer /Property owners are required to cooperate with the City in promptly providing all information requested by the City in monitoring compliance with program requirements. The City will conduct periodic random quality control audits of Inclusionary Units to assure compliance with rules and requirements. Such audits may include verification of continued occupancy in Inclusionary Units by eligible tenants, compliance with the Inclusionary Housing Plan and Agreement, and physical inspections of the Residential Project. (e) Administrative Procedures. The City Manager is hereby authorized and directed to promulgate Administrative Procedures for the implementation of this Article. SECTION 3. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061, as there is no potential for causing a significant impact on the environment due to the adoption of the ordinance. As a result, Categorical Exemption Environmental Review No. 2015 will be filed for this project. SECTION 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. ADOPTED this _ day of October 2015. APPROVED AS TO FORM: Sonia Carvalho, City Attorney Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 11 A -6 Ordinance No. 2015 -XXX Page 4 of 5 LS 9.10.15 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 2015, 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 11 A -7 Ordinance No. 2015 -XXX Page 5 of 5 11 A -8 4 CITY OF SANTA ANA COUNCIL COMMITTEE MEETING AGENDA FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY September 14, 2015 5:30 PM CALL TO ORDER City Hall, Ross Annex Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson Vincent Sarmiento, Vice - Chairperson Vacant — Councilmember #3 Recording Secretary: Teresa Ramirez, Executive Secretary PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Approval of Minutes for July 22, 2015, Special Meeting 2. Fiscal Year 2014 -2015 Audit Schedule {Strategic Plan No. 4, 1 c} (Francisco Gutierrez, FMSA) 3. Update on Downtown Wayfinding (Strategic Plan No. 5, 4a) (Kelly Reenders, CDA) 4. Update on Economic Development Strategic Plan (Strategic Plan No. 3, 1 a) (Kelly Reenders, CDA) Update on Affordable Housing RFP (Strategic Plan No. 5, 31 (Kelly Reenders, CDA) Proposed Hotel Incentive Program {Strategic Plan No. 3, 3c} (Kelly Reenders, CDA) If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Miguel A. Pulido, Vincent F. Sarmienlo, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Reyna, Sal Tinalero, Mayor Mayor Pro Tern Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPu11tlogV rta- ana.om Ward MMarlineli n!.ans..ro AAmezcuarolsena ene u PBe avldes(o)sansane RR,ananwanry a STlnee ololsanW eneoa VSartnlenb(dsanE, -a City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714. 647.6900 • Agenda Item Inquiries: 714. 647.6520 • Website: www.santa- ana.ora 13A -1 FEDT Agenda 2 September 14 2015 Update on the Community Engagement Strategy {Strategic Plan Nos. 5, 1a; 5, 1h; 3, 2a; 3, 21b } (Hassan Haghani, PBA) 8. Update on Procurement/Contracting {Strategic No. 5, 1b} (Francisco Gutierrez, FMSA) STAFF MEMBER COMMENTS: COMMITTEE MEMBER COMMENTS: ADJOURNMENT — Next regularly scheduled meeting is Monday, November 9, 2015 13A -2 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY SPECIAL MEETING MINUTES JULY 22, 2015 CALL TO ORDER: City Hall 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:39 p.m. ATTENDANCE: Council Committee members: Michele Martinez, Chairperson Vincent Sarmiento, Vice - Chairperson Vacant, Committee Member #3 STAFF PRESENT: GUESTS PRESENT: PUBLIC COMMENTS None None Francisco Gutierrez, FMSA Sergio Vidal, FMSA Teresa Ramirez, FMSA Sandy Simon Haney Mostofa, PSA Jorge Garcia, CMO Robert Cortez, CMO Kelly Reenders, CDA Sylvia Vasquez, CDA Deborah Sanchez, CDA Susan Gorospe, CDA Alma Flores, CMO Peter Katz, Com -Link; Joseph Baclit, AMCAL; Jim Lentz, I.T. Contactor 1. Approval of Minutes from the Special Meeting of May 18, 2015. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Martinez, Sarmiento (2) NOES: None (0) ABSENT: None (0) a July 22, 2015 (Special) I Finance, Economic Development, & Technology Minutes 13A -3 Chairperson Michele Martinez would like the following items to recur on committee agenda for timeline and updates: • Downtown Wayfinding • Economic Development Strategic Plan • Audit / Audit Plan (Items taken out of order.) 7. CDBG Funding and Timeline (Strategic Plan No. 4, 3e) — (CDA) Sylvia Vasquez, Community Development Analyst, provided presentation on Fiscal Year 2016 -2017 Public Service Funding, for Community Development Block Grant (CDBG). Presentation outlined program and purpose; estimated allocation for fiscal year 2016 -2017; and three funding ideas for FY 2016 -17: 1) Award FY 2015 -16 CDBG funded nonprofits for a second year; 2)Conduct a new application process; 3)Participatory Budgeting. Next Steps would be City Council Work -study Session this fall. Committee Chair Michele Martinez would like a list of nonprofits identified for funding. Guidelines needed to evaluate process; if it's working, what's been done, is community engaged, and how many commissioners needed. Committee Vice -Chair Vince Sarmiento agrees and likes having options to review. Engage community so all included, not just special interest groups. Possible review at council retreat scheduled for August 18tH 4. Update on potential Transportation or Infrastructure Bond Measure(s) (Strategic Plan No. 4) Committee Chair Michele Martinez would like to review options put together by Sonia Carvalho, City Attorney, on bond measure that included list of different options of tax measure and bond measure to prepare for upcoming election. Is this something we want to do? Need good public transportation to succeed in economic development. Finance could connect with Sonia, to provide different options to committee's next meeting to help make decision to fund a comprehensive bond measure. 10. RFP Process for Mousing Funds (Strategic Plan No. 5, 3) — (CDA) Kelly Reenders, Executive Director of Community Development Agency, provided update of RFP released June 1St with an August 21St deadline. CDA has received interest from several nonprofits agency developers. Funding consists of 24 project based vouchers, $500,000 CDBG funds, July 22, 2015 (Special) I Finance, Economic Development, & Technology Minutes 13A -4 $1.8M inclusionary housing funds, $830,000 home funds, and $1.4M home program funds. The outreach was conducted on the City bidding website and Housing Authority website. To date 28 bids registered for this proposal online with Planet Bids. The RFP was included in two Kennedy Commission newsletters; also emails and letters were sent to developers, and a public notice in Orange County Register. Requirements for eligibility for tenants to be researched as to whether they are required to be legal residents or can be undocumented. CDA monitors files for income compliance of low income; will need to review checklist if legal status is reviewed. Report of process and timeline requested for full council review. Council members looking for balanced panel. 8. Procurement Process (Strategic Plan NO. 5, 1 b) — (FMSA) Francisco Gutierrez, Executive Director provided City Charter, Municipal Code, and Purchasing Policies & Procedures which were provided to City Attorney's office for review and awaiting direction. Committee Chair desires process and guidelines to be reviewed for transparency and compliance for ultimate authority and sole sourcing. Subsequent discussion of buying process versus internal controls was clarified as two different processes. Need to review competitive process, renewal options, and preferred preferences. Other cities' policies could be reviewed for possible suggestions on better practice processes. 9. Reserve Policy for Deferred Maintenance for City Infrastructure (Newport Beach Model) (Strategic Plan No. 6, 2a) Committee Chair Michele Martinez would like to see policy in place regarding surplus funds and possible ongoing reserves, as current approach not working. Look into Newport Beach model. 2. IT Assessment Update (Strategic Plan NO. 6, 1 i) - (CMO) Robert Cortez, Special Assistant to City Manager, introduced Roy Hernandez, President/CEO of Third Wave who provided presentation on Information Technology Assessment & Implementation Roadmap. Overview of opportunities and benefits of proposed changes were discussed and will be presented at August 18th, City Council retreat. July 22, 2015 (Special) I Finance, Economic Development, & Technology Minutes 13A -5 Overview of the Upcoming Implementation of the Workforce Innovation Opportunity Act (Strategic Plan No. 2, 4) — (CDA) Deborah Sanchez, Economic Development Specialist reviewed presentation on Workforce Innovation and Opportunity Act — WIOA. The four priority areas for implementation are: 1) Sector Partnerships, 2) Career Pathways, 3) Data and Credentials, and 4) One Stop Delivery System. Orange County has been identified as a workforce region and the local workforce board size has been reduced. Committee members would like listing of recommendations and names for board. 11. Grant Funding Update {Strategic Plan No. 4, 3e) — (CMO) Jorge Garcia, Senior Management Assistant provided prints of FY 2014 -15 Grant Summary for council committee members. ITEMS MOVED TO NEXT COMMITTEE MEETING - None COMMITTEE MEMBER COMMENTS: - None STAFF MEMBER COMMENTS: - None Adjournment — 7:12 p.m. July 22, 2015 (Special) I Finance, Economic Development, & Technology Minutes 13A -6 CITY OF SANTA ANA• i ll0[$]1Ill11rhnf111ii *4Prf4=1110ILIW AGENDA 1711 =3111 [e3:f September 22, 2015 5:30 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Benavides, Tinajero, Amezcua Police Chief, OCFA Division Chief, Senior Assistant City Attorney Recording Secretary: Eileen Greene PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Approval of Minutes of the 8 -11 -15 Meeting 21 at Century Policing (Discussion of the President's Task Force Report on 21 St Century Policing) — Chief Carlos Rojas {Strategic Plan Goal No. 1, 1b and 1f} Recruitment and Downtown Unit Update (Status on Hiring Police Officers and the Creation of a Downtown Policing Unit) — Police Administrative Manager Robert Carroll {Strategic Plan Goal No. 1, 1i and 1j} Social Media Outreach (Overview of the Police Department's Use of Social Media) — Commander Chris Revere [Strategic Plan Goal No. 1, 2d} If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.1021 Santa Ana City Council Miguel A. Police, Vince Sarmiento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Sal Tinajero, Mayor Mayor Pro Tam, Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPuld.P—t --., Ward MMatllnezRSraMeana . om AA.— z.r— t.- ana.om DB— id..R ... t. a.om BRevnaralsanlaana.Dm STl sle o(tdsanaan VSartnieMa]aan�a- ana.ora City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714 - 647.6900 . Agenda Item Inquiries: 714. 647.6520 . Website: www.santa- ana.orq 13A -7 21 5. Integrated Software (Update) — Deputy Chief Jim Schnabl {Strategic Plan Goal No. 1, 2a) 6, Landlord Penalties (Review of current SAMC Ordinance in Relation to Rental Properties and Associated Penalties /Fines) — Community Preservation Manager Alvaro Nunez {Strategic Plan Goal No. 5, 4e} COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS Animal Services E- Cigarette Regulations Police Body Cameras ADJOURNMENT — The next Public Safety and Neighborhood Improvement meeting is scheduled for Tuesday, November 24, 2015 at 5:30 PM at the City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana, CA. The complete Strategic Plan document is available at hftp:/ /www.santa- ana.org /strategic- planning/ If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Purdo, Vince Sarmlento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Sal Tinajero, Mayor Mayor Pro Tem, Ward Ward Ward Ward Ward Wu'tloRo na ana om Ward MMaNnezfa sanean AA,.eZ,ari06a.W-ana . om DBenuidecdowle-ana om RRevna(AsaaW ananm STlnelem®sanra ananm VSano enWRsanta- ana.0c City Hall, 20 Civic Center Plaza • P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714. 647.6900 • Agenda Item Inquiries: 714- 647 -6520 • Website: v ,santa- ana.ora 13A -8 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT MINUTES August 11, 2015 CALL TO ORDER: Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:30 PM ATTENDANCE: Council Committee members: David Benavides Angelica Amezcua Sal Tinajero (absent) STAFF PRESENT: David Cavazos, CMO Carlos Rojas, PD Anthony Espinosa, OCFA John Funk, CAO Ken Gominsky, PD Jason Viramontes, PD Robert Cortez, CMO Jorge Garcia, CMO Eileen F. Greene, Recording Secretary PUBLIC SPEAKERS: Tim Rush Alison Stanley Tish Leon Cherie Kerr Irma Macias Eamon Garcet Chairman Benavides pulled items No. 4 (Social Media Outreach), No. 6 (Landlord Penalties) and No. 7 (Integrated Software) from the Agenda; these items will be continued to a future date. 13A -9 AGENDAITEMS 1. Approval of Minutes of 5 -26 -15 Meeting Motion: Approve the Minutes of 5 -26 -15 meeting. MOTION: Amezcua SECOND: Benavides VOTE: AYES: NOES: ABSENT Motion carries. PUBLIC COMMENTS Benavides, Amezcua None (0) Tinajero Tim Rush, Wilshire Neighborhood Association, asked the Public Safety Committee to place the issue of fireworks on the City Council agenda, specifically a motion to ban fireworks of all kinds city -wide, permanently. Alison Stanley, resident of Park Santiago neighborhood, seconds the idea of banning fireworks. Ms. Stanley provides a handout to the Committee regarding research she has done on the Internet, along with a grand jury report done in 2008 and Santa Ana's response to it. Tish Leon, resident, is very upset with fireworks and how they disturb the quality of life for the citizens and their animals. She suggested that non - profits could sell their fireworks at Centennial Park. Expressed appreciation of the community forums on the police worn body cameras. Cherie Kerr, resident on Heliotrope, Floral Park neighborhood, explained how her house was ignited and went on fire during the 4`h of July holiday. 34 cities in Orange County and Santa Ana is only one of six that still allows fireworks, which are dangerous and unnecessary. She would support fireworks in an area that is safe and courteous to everyone. Ms. Kerr also has a written communication from a neighbor, Peggy Waleri, who is asking to ban all fireworks in the city of Santa Ana. Irma Macias, resident and member of Com -Link, supports banning fireworks in the city of Santa Ana. Eamon Garcet, resident of Floral Park neighborhood, lost his home to an electrical fire in 2008. Mr. Garcet expressed his concern about the fireworks and said that when Ms. Kerr's house was on fire with firetrucks on scene, it was not a deterrent; half an hour later people were lighting off 13A -10 fireworks. He said it was wanton disrespect for property and complete lawlessness. Mr. Garcet is a medical doctor who pointed out the ERs are filled with people who suffer injuries due to fireworks. AGENDA ITEMS (Continued) 2. 4t" of July (Update on Fireworks Enforcement) — Commander Ken Gominsky {Strategic Plan Goal No. 1, 2d} Commander Ken Gominsky summarizes an overview of an action report related to enforcement operations which began in early June continuing through the 01 of July holiday. Over 5,000 pounds of illegal fireworks were seized through social media contacts and undercover buys. Additional staff was deployed geographically this year with an emphasis on the problem areas identified through the tip line and calls for service. Enforcement was two -fold: administrative cites /confiscation of fireworks and criminal cites /arrests. There were 223 calls for service received by SAPD Communications which equates to one firework/skyrocket call every two minutes for eight hours in one night. The Police Department's costs associated with the 41t' of July this year was approximately $132,000.00. ACTION: Chairman Benavides requested a report from the Police Department on fireworks: net costs to enforcement, the enforcement plan if the City were to ban fireworks, what the true impact would be, and potential phasing out or reduction of enforcement. The report should include information on the true revenue received by non - profits, how many of them are out there, and the spectrum of the upper and lower end. Finally, include reports from other cities that have either legalized safe and sane fireworks or completely banned them. 3. Body Cameras (Update on Pilot Program) — Commander Jason Viramontes {Strategic Plan Goal No. 1, if and 3b} Commander Viramontes provides a power point presentation giving a brief update on what the Exploratory Committees has been doing as the Police Department moves forward with the Body Worn Cameras. A pilot program is being conducted with one of the units within Special Investigations. Six cameras have been purchased from the vendor, Taser, because they are one of the leaders in body cameras. The recordings will be uploaded and information stored on the iCloud, which is a secure data storage site. Policies regarding usage will be directed by the Chief s Office. Community forums have been held, and there will be one more in the near future. At that time, every police district will have had the opportunity to see what the body cameras are about. 13A -11 5. OCFA Annual Update on Fire /EMS Services — Battalion Chief Anthony Espinosa {Strategic Plan Goal No. 1, 5b} Battalion Chief Anthony Espinosa talked about the services provided by OCFA in the city of Santa Ana over the past year. There was a 9.5% increase of emergency response incidents in the city. OCFA implemented a state -of -the -art CAD system that enhances response time and service delivery to citizens. OCFA does community outreach by being involved in many community events throughout the year, such as the City -wide Drowning Prevention Campaign, City -wide Fire Alarm Installation Campaign, the clean -up at Santiago Creek, and other events like the Spark of Love Toy Drive during the holidays. Old fire apparatus was replaced, and CDBG funds were used to update and improve some of the stations in the city. Fire inspections for new businesses have increased 20 percent. In line with the City's Five -Year Strategic Plan, OCFA developed a portal in the City's website. An Explorer Program was created and has been very successful with young people. ACTION: Division Chief Leonard will report back with information on how the application process works for the OCFA Explorer Program. COMMITTEE MEMBER COMMENTS Chairman Benavides states that the Council Committee did receive some written communication which will become part of the record: one from Ms. Kerr who also appeared in person at the meeting and the other from Ray & Evangeline Gawronski. All parties have expressed their opinion to have fireworks banned in the city of Santa Ana. Chairman Benavides and Committee Member Amezcua were in attendance to discuss the above agenda items. The Public Safety Committee is willing to consider a ban on fireworks due to the cost to the city monetarily and taxing the resources of the PD, as well as the lawlessness. They were open to the use of the police worn body cameras, requesting that conversations take place with other departments who have been pioneers using body cameras. The City Manager points out that the Police Department has requested grant funding for body cameras; however, if funding is not received, it will go to City Council for approval. The Committee members were impressed with the increase of new businesses and constriction going on within the city. They were also appreciative of OCFA's efforts and collaboration with the community through events and programs. The City Manager emphasized the partnership with OCFA, thanking them for the clean -up project at Santiago Creek, 13A -12 FUTURE AGENDA ITEMS • Social Media Outreach • Landlord Penalties • Integrated Software • 21" Century Policing • Animal Services • E- Cigarette Regulations Chief of Police 13A -13 13A -14 CITY OF SANTA ANA LEGISLATIVE CITY COUNCIL COMMITTEE MEETING CANCELLATION NOTICE The regularly scheduled Legislative City Council Committee meeting scheduled for Wednesday, September 23, 2015 at 12:00 p.m. has been cancelled. The date of the next meeting is October 19, 2015. If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title Il, 28 CFR 35.102] Miguel A. Pulido, Vincent F. Sarmiento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Sal Tinajem, Mayor Mayor Pro Tam, Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPdldorotaanaan m Ward wartnetitsanta -ane om Ame uansan. ana om eBenavidesrdaanre ane.orr RRevnansante ananm STlnalero(la sanla -a VS— ienloGJaanta -ana om City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714. 647.6900 + Agenda Item Inquiries: 714- 647 -5200 • Webslte: www.santa- ana.ora 13A -15 13A -16 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION CANCELLATION NOTICE The City Council Committee meeting on Development and Transportation scheduled for Thursday, October 1, 2015 at 5:00 p.m. has been cancelled. The next meeting will be held Wednesday, October 14, 2015 at 5:00 p.m. City Hall Ross Annex Conference Room 1600 20 Civic Center Plaza Santa Ana, California 13A -17 13A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: PARK RANGER PROGRAM UPDATE (STRATEGIC PLAN NO. 1, 1) CITY MANAGE RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ ordinance on 1" Reeding ❑ ordinance on Rol Reading ❑ Implementing Resolution ❑ Bet Public Hearing For CONTINUED TO FILE NUMBER The Police Department assumed responsibility for the Park Ranger Program on April 16, 2015. During this time, the Department has focused on developing the newly adopted program, patrolling the parks, and building relationships with stakeholders. Park Rangers are also attending Neighborhood Association meetings, and attending City park events. The program is currently staffed with one full -time Park Liaison Officer (40 hours), a 20 hour part - time Park Ranger, and 40 hours of police officer overtime, for a total of 100 hours per week. Due to POST requirements; the City Attorney's Office determined that the one existing PT Park Ranger Is unable to legally carry a firearm on duty, The Police Department will be assisting this Park Ranger complete the POST recertification process. On ,tune 24, 2015 the Police Department hired its first part -time Park Ranger, Claire Baltodano, Ranger Baltodano is scheduled to complete her training in December 2015. There are currently two remaining part -time Park Ranger vacancies. To date, the Personnel Services Department has received 210 applications for the Park Ranger positions. 36 applicants possessed the minimum qualifications required by the job description. of the 36 applicants that met the minimum qualifications, five applicants remain in various stages of the hiring process (two are in backgrounds; one recently passed the oral interview, and two applicants have asked to have their applications placed on hold). In addition, the Police Department will maintain a continuous recruitment of the Park Ranger classification until the last two positions are filled. 19C -1 Park Ranger Program Update October 6, 2015 Page 2 STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to achieve (Modernize the Community Pollcing Philosophy to and traffic / pedestrian /bicycle safety). FISCAL IMPACT There Is no fiscal impact associated with this item. Goal #1 - Community Safety, Objective #1, Improve customer service, crime prevention 19C -2 REQUEST FOR COUNCIL ACTION u... CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: SANTA ANA GENERAL PLAN UPDATE {STRATEGIC PLAN NO. 3,2A) C / CITY IVIANAGRf CLERK OF COUNCIL USE ONLY: 3..21O M © As Recommended El As Amended a Ordinance on 1" Reading L Ordinance on 2nd Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file attached outline of the General Plan Update program. DISCUSSION California State law requires each jurisdiction to adopt a comprehensive General Plan to guide the physical development and well -being of its community. A General Plan is the local government's long term blueprint for the community's vision of future growth and quality of life. This long range planning tool sets for the goal, policies, and programs to accomplish the City's vision, Last comprehensively updated In 1982, the proposed Santa Ana General Plan Update will create a new Policy Framework with underlying goals and polices to apply throughout the city. The new General Plan will communicate the City's values and vision for new development, sustainability, mobility and complete streets, urban design, economic development, historic preservation, safety, open space and recreation, health, and more, The General Plan Update will be organized Into "Community Area Plans" that will host goals and polices tailored to a unique neighborhood, corridors and districts. The attached presentation outlines the proposed work program and approach to updating the City of Santa Ana General Plan by summer of 2017. Building on key policies and strategies in existing City documents and best practices, the new General Plan Policy Framework will be produced with trained, in -Mouse staff to ensure its relevancy to Santa Ana's uniqueness and history at a much lower cost. The effort will include interviews with policy makers, the convening of the General Plan Advisory Committee, and community engagement. The two year work effort will include the preparation of an environmental impact report, and the limited use of consultants to assist in very specialized work under staff supervision. 19D -1 General Plan Update October 8, 2015 Page 2 Tm 1014a 9 �I Ik . 4V, Approval of this item supports the City's efforts to meet Goal No, 3 Economic [development, Objective No, 2 (Create new opportunities for businese %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). FISCAL IMRACT There is no fiscal impact associated with this action. Flassan Haghani;e' 1CP /Executive Director Planning and wilding Agency MM :rb M: \RFP0RT$ \CC \GP_wkPrgm,10.6,1 k,dooX Exhibit: 1. Presentation 19D-2 z Q J c Q ■♦ ♦ V W Z W W Q 0 m LO qH N w L W 0 v O 19D-4 N i O � v O .' > vim. 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O � i •� � Vi ® t6 Q ;0 0 0 0 0 . V) CL v v .a C.) 19D -19 r _ * r W= MW • CITY COUNCIL MEETING DATE: r, r � TITLE: OC STREETCAR STATUS REPORT (NON- GENERAL FUND) (STRATEGIC PLAN NOS. 3,2C; 3,413; 6, 1G) P CITY MA ER .. + r.'r • Receive and file. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Bet Public Hearing For CONTINUED TO FILE NUMBER As the OC Streetcar speeds toward implementation, the following is a brief description of recent milestones for the project, On July 7, 2015, the Memorandum of Understanding (MOU) was approved by City Council. On July 13, 2015, the MOU was approved by the Orange County Transportation Authority (OCTA) Board of Directors (Board). The MOU outlines the general cooperative agreement for the development, implementation, operations, and maintenance phases of the project between the City of Santa Ana and OCTA. Additionally, on August 24, 2015, the OCTA Board approved the following: • Capital Funding Plan (Exhibit 1) Directing OCTA staff to pursue state cap -and -trade funds and other state and federal funding sources • Directing OCTA staff to submit the required New Starts project application and a letter to the Federal Transit Administration requesting entrance into project engineering, the next phase of the New Starts program • Authorizing Initiation of right -of -way acquisition for the project, On February 23, 2015, the OCTA Board approved a contract with HDR, Inc. to serve as the project management consultant to assist with the oversight and delivery of the project, including the design and construction phases. 19E -1 OC Streetcar Status Report October 6, 2015 Page 2 On September 14, 2015, the OCTA Board also approved a contract with MNTB Corporation for the preparation of plans, specifications, and estimates for the OC Streetcar Project. Staff is working with OCTA to review and finalize a Design Cooperative Agreement that details responsibilities of both agencies moving forward through the design phase of the project, The Design Agreement will detail specific areas of responsibility and identify procedures that will be followed to gain approvals, in preparing for the construction phase. Subsequent agreements will be executed for construction, public way use, and operations and maintenance. Below is a summary of key milestones for the project in the last year: Action Approving A eno Lute Certification of California Environmental Quality Act portion of Revised Environmental Assessment/Final Environmental Impact Report and approval of the eroject Santa Ana 01/20/15 Adoption of Locally Preferred Alternative Garden Grove 02/10/15 Submittal of Finding of No Significant Impact (FONSI) to Federal Transit Administration (FTA) OCTA 02/18/15 Approval of Project Management Consultant for OC Streetcar OCTA 02/23/15 Issuance of the FONSI FTA 03/10/15 Approval to enter FTA New Starts Program OCTA 05/05/15 Approval of MOU - Santa Ana /OCTA Santa Ana 07/07/15 Ap2roval of MOU - Santa Ana /OCTA OCTA 07/13/15 Approval of Funding Plan OCTA 08/24/15 Selection of Design Consultant for OC Streetcar OCTA 09/14/15 Cooperative Agreement for Streetcar Design Santa Ana /OCTA Fail 2015 Future milestones Include the project development phase currently scheduled for 2015 -2016; the design and engineering phase in 2016-2017; and the construction phase in 2017 -2019. It is anticipated that the streetcar would be operational after testing Is completed In 2020, STRATEGIC PLAN ALIGNMENT Approval of this item supports 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 including: The Fixed Guideway Project, Santa Ana Regional Transportation Center Master Plan, Complete Streets, and General Plan Circulation Element update), 19E -2 OC Streetcar Status Report October 6, 2015 Page 3 Approval of this Item also supports Goal #3 Economic Development, Objective #4 (continue to pursue objectives that shape downtown Santa Ana Into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy B (create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue, and enhance accessibility In the downtown), Approval of this item also 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Fre Mou avi our Executive Director Public Works Agency FM /EWG /JG Exhibits; 1. Capital Funding Plan 19E -3 19E -4 19E -5 r o Q X Q W 0 0 0 c 0 0 c 0 c 0 c c 0 U 19E -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: CONTRACT AWARD TO PACIFIC LIGHTING MGMT. INC. FOR DOWNTOWN PARKING STRUCTURES LED LIGHTING RETROFIT AND AGREEMENT WITH SOUTHERN CALIFORNIA EDISON USING ON -BILL FINANCING (SPEC. NO. 15 -092) {STRATEGIC PLAN NO. 3, 4B; 5, 2A and 6,1C, 2A} - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :••:* r ❑ As Recommended ❑ As Amended ❑ Ordinance on 18t Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of purchase order to Pacific Lighting Mgmt. Inc. for downtown parking structures LED lighting retrofit in an amount not to exceed $208,352, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Execute an agreement with Southern California Edison to provide funding through On -Bill Financing up to $184,092 upon the installation and completion of project, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing up to $184,092 in funding from Southern California Edison into the Parking Fund Miscellaneous revenue account and appropriating the same amount to the Parking Facilities Contract Services- Professional expense account. DISCUSSION Since 2011, the City has had success with energy efficiency LED lighting projects throughout the City. Most recently, the light fixtures in the Santa Ana Regional Transportation Center parking structure were replaced with energy saving LED fixtures utilizing funding from Southern California Edison's (SCE) On -Bill Financing Program (OBF). Subsequently, City staff has identified the four Downtown parking structures as qualifying projects to replace the existing aging and inefficient light fixtures. This project is a key component of the Downtown Enhancements and Parking Modernization Plan that was adopted by the City Council on August 4, 2015, to modernize the parking structures, enhance public amenities and address deferred maintenance. The funding for the project will be a combination of City funds and the Southern California Edison (SCE) On -Bill Financing Program (OBF). This program provides zero percent interest financing for 20A -1 Contract Award for Downtown Parking Structures LED Retrofit October 6, 2015 Page 2 approved energy reduction projects and arranges for repayment using the monthly energy utility bill savings. The payback period for each of the parking structures will range from three to seven years. This financing mechanism has been used successfully on many of the previous LED lighting projects the City has performed. The proposed LED fixtures have an average energy savings of 66 % compared to the existing fixtures. At the end of the OBF payback period, this project is estimated to reduce energy costs by approximately $30,000 annually. In addition, LED lighting provides more illumination and visible light than conventional lighting and has an expected useful life cycle of over 15 years according to average industry standards. The notice inviting bids was advertised on August 25, 2015, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 92 Vendors were notified 4 Santa Ana Vendors were notified 21 Vendors downloaded the bid packet 13 Bids received 1 Bid received from a Santa Ana vendor Bids were opened on September 10, 2015, and evaluated. The bid received from Pacific Lighting Mgmt. Inc., a Santa Ana vendor, in the amount of $188,047 (Exhibit 1) is responsive to the specifications and meets the City's requirements. An additional $1,500 for the inspection costs and a ten percent contingency for any unforeseen expenses have been included for a total estimated project cost of $208,352 (Exhibit 2). Based on the applications submitted to SCE for the four parking structures, the City is eligible and has received preliminary SCE approval for funding totaling $176,024 [$142,158 in OBF financing and $33,866 in energy efficiency cash incentives (Exhibit 2)]. The estimated project cost for three of the four parking structures will be covered using SCE funding; however, the SCE funding amount assigned to the parking structure located at 201 W. 3rd St. does not cover the estimated project cost, resulting in the City covering the shortfall in the estimated total amount of $12,023 (Exhibit 2). All SCE funding amounts are preliminary estimates and final funding will be based on actual energy savings measured after the project is completed. Therefore, staff is recommending recognizing up to $184,092 in SCE funding. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3 Economic Development, Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination) Strategy B (create comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown), Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) Strategy A 20A -2 Contract Award for Downtown Parking Structures LED Retrofit October 6, 2015 Page 3 (complete the City's Climate Action Plan with measures to address water conservation, energy efficient buildings (City and community) and greenhouse gas emissions. Include as part of the plan an awareness outreach component), 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) and Objective #2 (address deferred maintenance on City buildings and equipment) Strategy A (prepare a deferred Maintenance Plan that assesses safety, adequacy, and liability implications, and estimates repair costs to be programmed in the responsible agency's future budget). ENVIRONMENTAL IMPACT The energy savings from the project will reduce the City's carbon footprint by 160 metric tons of CO2 annually, which is the equivalent of removing 34 passenger cars from the road. FISCAL IMPACT The Appropriation Adjustment will recognize up to $184,092 in funding from Southern California Edison into the Parking Fund Miscellaneous Income revenue account (no. 02710002 - 57990) and appropriate up to $184,092 in the Parking Facilities Contract Services- Professional expense account (no. 02710132 - 62300). Funds for the remaining balance of the project in the amount of $32,328 are budgeted and available in Parking Facilities Contract Services- Professional expense account (no. 02710132- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agencc AR /sp Exhibits: 1. Abstract of Bids 2. Cost /Funding Analysis 3. Savings and Details Breakdown 4. Sample On -Bill Financing Agreement with Southern California Edison 20A -3 20A -4 ABSTRACT OF BIDS RETROFIC PARKING STRUCTURE LIGHTING (15 -092) California Creative Professional Lighting & Bidder Aegis ITS, Inc. Baker Electric Engineering, Inc. Electric, Inc. J. Kim Electric, Rancho Location Anaheim Escondido La Puente Cucamonga Total $223,040.00 $211,675.00 $199,488.00 $228,379.52 Bidder Location Total Crown Electrical Corp. Baldwin Park $213,138 Eco Energy Solutions, Inc. Chatsworth $242,972.00 Eco Lighting Solutions, LLC Fisher, IN $177,014.00 Foddrill Consruciton Corp. Chino $272,168.26 J. Kim Electric, Regreen Retro -Tek Energy Bidder Inc. Corporation Services, Inc. TK Electric Location Fullerton El Segundo Vista Orange Total $204,468.00 $229,700 $176,680.00 $212,032.20 Pacific Lighting Bidder Mgmt.Inc. Location Santa Ana Bid Amount $ 174,117.08 $ 1,741.17 1 % SA vendor preference Total $ 172,375.91 Grand Total $ 188,046.45 Bid Amount (with tax) EXHIBIT 1 20A -5 20A -6 COST /FUNDING ANALYSIS PROJECT COSTS Pacific Lighting Management Inc. (tax included) $ 188,047 Contingency (10 %) 18,805 Inspection Costs 1,500 TOTAL ESTIMATED PROJECT COSTS $ 208,352 PROJECT FUNDING Southern California Edison OBF Financing $ 142,158 Incentives 33,866 Subtotal SCE Estimated Funding $ 176,024 City Funds Project Shortfall $ 12,023 (3rd & Broadway) Contingency (10 %) 18,805 Inspection Costs 1,500 Subtotal City Funds 32,328 TOTAL PROJECT FUNDING $ 208,352 *Final SCE Funding is based on actual energy savings measured after project is completed. Council Action provides for up to $184,092. EXHIBIT 2 20A -7 20A -8 SAVINGS & DETAILS PER FACILITY BREAKDOWN Total Number of Fixtures Total Estimated Annual Energy Savings (kWh) Total Estimated Annual Energy Costs Savings Total Project Cost Approved by SCE (tax included) Total Financing Approved by SCE (OBF and Incentives) Total Project Cost Shortfall (Amount Paid by City) 201 W. 3rd St. (3rd & Broadway) - - r- Number of Fixtures kWh Saved per year Monthly Savings (Monthly Loan Payment) Loan Terms /Payback Period (Years) Annual Savings Project Cost Approved by SCE Estimated SCE Incentive OBF Max. Amount Approved by SCE Total SCE Funding Shortfall (Amount Paid 300 W. 5th St. (5th & Spurgeori-� Number of Fixtures kWh Saved per year Monthly Savings (Monthly Loan Payment) Loan Terms /Payback Period (Years) Annual Savings Cost Approved by SCE !mated SCE Incentive F Max. Amount Approved by SCE al SCE Funding Shortfall (Amount Paid 84 34,915 $ 340 5.45 $ 4,086 $ 39,275 $ 4,987 $ 22,265 $ 27,252 12,023 142 68,836 $ 703 6.70 $ 8,430 $ 66,502 $ 10,021 $ 56,481 $ 66,502 420 N. Main St. (5th & Main) Number of Fixtures kWh Saved per year Monthly Savings (Monthly Loan Payment) Loan Terms /Payback Period (Years) Annual Savings Cost Approved by SCE imated SCE Incentive F Max. Amount Approved by SCE al SCE Funding 0 Shortfall (Amount Paid ber of Fixtures Saved per year .hly Savings (Monthly Loan Payment) Terms /Payback Period (Years) ial Savings Cost Approved by SCE Estimated SCE Incentive OBF Max. Amount Approved by SCE Total SCE Funding EXHIBIT 3 20A -9 Shortfall (Amount Paid 402 232,327 $ 29,074 $ 188,047 $ 176,024 $ 12,023 104 69,053 $ 774 4.11 $ 9,283 $ 10,217 $ 38,178 $ 48,396 72 59,523 $ 606 3.47 $ 7,275 $ 33,874 $ 8,640 $ 25,234 $ 33,874 20A -10 On -Bill Financing Agreement Local Government/institutional Customer Projects This On -Bill Financing Agreement ( "OBF Agreement ") is entered into on 20_ (the "Effective Date ") by and between the undersigned customer ( "Customer ") and Southern California Edison Company ( "SCE ") (each a "Party," collectively the "Parties "). Recitals 1. Customer and SCE entered into the Energy Management Solutions Incentives Application for Business Customers on or about _, 20 and if applicable, the Customized Solutions Agreement (individually or collectively referred to as "EMS Agreement"), which is /are attached hereto and incorporated herein by reference. 2. Customer owns, leases or rents the property listed in the EMS Agreement as the Site and maintains a service account(s) with SCE for electric service. Customer has completed installation of eligible energy efficient equipment ( "Equipment ") at the Site as set forth in the EMS Agreement and has accepted the equipment as being operational and in good working order. 3. In Decision 12 -11 -015, the California Public Utilities Commission authorized SCE to provide zero - percent interest financing for the installation of certain energy efficient equipment, which is to be repaid over a specified period through the Customer's electric utility bill(s) ( "On -Bill Financing "). 4. Customer desires to enter into this OBF Agreement in order to participate in SCE's On -Bill Financing program and Customer agrees to repay SCE the Amount Financed (as defined under "Loan Terms ", below) through the Customer's SCE utility bill(s) pursuant to the terms and conditions of this OBF Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: Terms and Conditions Defined Terms: Except as the context otherwise requires, capitalized terms used in this OBF Agreement without definition shall have the same meanings as are set forth in the EMS Agreement, Amount Financed: Within thirty (30) days after the Effective Date, SCE will provide a payment for the Amount Financed to Customer or to a third -party payee designated by Customer under the Loan Terms, below. Customer's designation of a third -party payee may not be changed or revoked. Loan Terms: Amount Financed ( "Amount Financed "): Interest Rate: Fees: ---- - - - - -- — - - -- — ----------------- - - - - -- Months to Pay: First Month Payment _ Remaining Monthly Payments _ Service Account to be Billed': Designated Third -Party Payee (if any): Address of Designated Third Party Payee: If more than one Service Account will be billed, information regarding the Service Account number and monthly payment is included in Schedule A attached. Form 14 -914 EXHIBIT 4 1/2013 20A -11 Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly installments as set forth in the section above and /or Schedule A (Customer's "Loan Obligation "). The first Monthly Payment of Customer's Loan Obligation will appear within sixty (60) days from the Effective Date on Customer's SCE utility bill(s) for the Service Account(s) listed above. The Parties expressly acknowledge and agree that funding for the OBF Loan Obligation repayment shall not be raised by the levy of additional taxes but shall instead be obtained by Customer's savings in energy costs paid for solely by the loan proceeds. The Parties further acknowledge and agree that energy savings from conservation measures are not susceptible to precise calculation and actual savings may vary according to weather and utility rates, among other things. Therefore Customer's energy savings have been determined at the outset of this Agreement and calculated by comparing estimates of energy usage for the facilities in question with and without the conservation measure, as set forth specifically in the EMS Agreement. Customer's actual future energy savings are not guaranteed and the OBF Loan Obligation must be repaid in full irrespective of actual future SCE utility bill(s) amounts. Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled "EE /OBF Installment Charge" on the monthly SCE utility bill(s) for Customer's Service Account(s). Customer may pay the Loan Obligation in the monthly installments or pre -pay the Loan Obligation in one lump sum without penalty, but pre - payments for less than the remaining balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly SCE utility bill(s) for the number of months set forth above, or until the Loan Obligation is paid in full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the SCE utility bill(s). Partial Payments: If Customer is unable to make a full payment of the Loan Obligation in any given month, payment arrangements may be made at SCE's sole discretion. Any partial payments will be applied in equal proportion to the energy charges and the Loan Obligation, and Customer will be considered to be delinquent and in default of both the energy bill and the Loan Obligation. Late Payments: No late payment charges or interest will be assessed for delinquent payments on the Loan Obligation. However, SCE may assess late payment charges for delinquent payments of energy charges pursuant to SCE's Rule 9 which is incorporated herein by reference. Returned Payments: SCE may require payment of a $8.00 Returned Check Charge for any check returned from Customer's financial institution unpaid. The Returned Check Charge will also apply to any forms of payment that are subsequently dishonored. Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed due under each SCE utility bill to the Customer's Service Account(s), and a default under this OBF Agreement will be treated as a default under the Customer's Service Account(s). Customer's Loan Obligation is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is incorporated herein by reference. Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF Agreement shall constitute a breach under all of the above referenced agreements. For purposes herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if Customer: (1) sells, assigns or otherwise transfers ownership, possession or title of the Site or the Equipment, (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or otherwise causes the termination of the Service Account(s), or (4) otherwise breaches this OBF Agreement and /or the EMS Agreement, and the breach is not cured as specified therein. Notwithstanding anything to the contrary in the EMS Agreement, a breach and default as set forth in this section shall not be subject to any additional cure period. Following a breach as set forth in this section, SCE shall have the right to declare the entire unpaid balance of the Loan Obligation immediately due and payable. Form 14 -914 1/2013 20A -12 Purchase Money Security Interest: Customer hereby agrees that SCE may, but is not obligated to, file a UCC -1 ( "Financing Statement") against the Equipment to secure Customer's obligation to repay the Amount Financed. Customer agrees to execute any and all documents in connection with the Financing Statement in order for SCE to perfect its security interest in the Equipment. Customer agrees that SCE is not waiving any of its rights of recovery as against the Customer should SCE elect to file a Financing Statement. Confession of Judgment: Customer irrevocably authorizes and empowers SCE and SCE's attorneys, upon breach and default by Customer as described in the preceding section, to appear in any state or federal court in Los Angeles County, California, as Customer's attorney -in -fact and confess judgment against Customer by entry of a confession of judgment pursuant to Code of Civil Procedure § 1132 et. seq., or by any other appropriate means, for the full amount due plus all costs of collection, including without limitation court costs and reasonable attorneys' fees. No single exercise of the foregoing power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as SCE may elect until all amounts owing under this OBF Agreement have been paid in full. Modification: Any change to this OBF Agreement must be in writing and signed by Customer and SCE; except that during any given month, if Customer is unable to make full payment on the Loan Obligation, payment arrangements may be made at SCE's sole discretion without modifying this OBF Agreement in writing. Any written modification or amendment will not be effective unless and until signed by SCE or such condition is waived by SCE in its sole and absolute discretion. Term and Termination: It is the Parties intent that the term of this OBF Agreement and the EMS Agreement run concurrently. Therefore, the OBF Agreement shall continue in effect until the Loan Obligation is paid in full. Assignment: Notwithstanding anything to the contrary in this OBF Agreement, Customer may not assign its rights or delegate its duties under the Agreement. Additional Representations: Each person signing this OBF Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this OBF Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement. Customer further represents and warrants that if it is a legal entity, it is in good standing in its state of formation. Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions, covenants, representations, warranties, agreements and conditions of the EMS Agreement shall remain unchanged and in full force and effect. Should a conflict exist between this OBF Agreement, the EMS Agreement and the documents incorporated by reference, this OBF Agreement shall control. This OBF Agreement shall be construed and interpreted in accordance with, and shall be governed and enforced in all respects according to, the laws of the State of California. This OBF Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. If any one or more of the provisions contained in this OBF Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then this OBF Agreement shall be construed as if such invalid, illegal or unenforceable term or provision had never been contained herein and all other provisions of this OBF Agreement shall be construed to remain fully valid, enforceable and binding on the parties. The Recitals set forth above are hereby incorporated herein by reference. [Remainder of page intentionally left blank] Form 14 -914 1/2013 3 20A -13 WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective Date. Southern California Edison Company: Authorized Representative: Authorized Representative: Title: Title Signature: Signature: Date: Date: Business Address: Business Address: Telephone No. Telephone No. Fax No. Fax No. E'Mai|Addneoa: E-Mail Address: APPROVED AS TO FORM: (subject to r upon completion) JON M. FUNK 8wo1mtmot City Attorney Form 14-914 ���� ��� �� �Um� rd SCHEDULE A Customer Name: OBF Loan Number: Site Service Account Number OBF Billing Repayment Service Account Number 16t Monthly OBF Loan Payment Remaining Monthly OBF Loan Payments X-X)(X-XXXX-XX x-xxx-xxxx-yx $XX,XX $XXXXX per month for X months Total Monthly Repayment $XXXX $XXXXX per month for X for X months Form 14-914 1/2013 20A -15 20A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: CONTRACT AWARD TO ORANGE COUNTY PUMP CORP. FOR UPGRADES TO STORM WATER LIFT PUMPS (SPEC. NO. 15 -078) (STRATEGIC PLAN NO , 6, 1C) 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 [�I�I�T► uf'-7 Authorize a one -time purchase and payment of purchase order to Orange County Pump Corporation for the repair and replacement of storm water lift pumps for the Civic Center Plaza, in an amount not to exceed $83,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency General Maintenance Division maintains the Civic Center Plaza grounds, which includes two storm water lift stations utilized to discharge surface water from the Civic Center Plaza area to the City's storm water drainage system. The recommended action will allow for replacement of one pump and motor that is beyond repair, and repairs to the second pump and motor. Upgrading these pumps will ensure the storm water lift stations are working at full capacity thereby enhancing staff efforts to prevent flooding at various locations within the Civic Center Plaza area due to rain. The notice inviting bids was advertised on August 3, 2015, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 17 Vendors were notified 2 Santa Ana vendors were notified 3 Vendors attended mandatory job walk 2 Bids received 0 Bids received from Santa Ana vendors 22A -1 Contract Award for Upgrades to Storm Water Lift Pumps October 6, 2015 Page 2 Bids were received, opened on September 3, 2015, and evaluated. Bid results are as follows: Vendor Amount Location Best Drilling and Pump Inc. $99,500 Colton Orange County Pump Corp. $77,577 Anaheim The bid received from Orange County Pump Corporation is responsive to the specifications and meets the City's requirements. The contract amount includes $5,423 contingency amount to allow for unanticipated expenses. 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). FISCAL IMPACT Funds in the amount of $83,000 are available in FY 2015 -16 Civic Center Capital Projects account (07413260- 66220, Activity 15264401028- 3090). APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet Francisco Gutierrez Executive Director Executive Director Parks, Rec. & Comme'Svcs. Agency Finance and Management Services Agency I 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: CONTRACT AWARD TO NATIONAL AUTO FLEET GROUP FOR REPLACEMENT OF CHEVY VANS WITH FORD F -250 TRUCKS (SPEC NO. 15 -100) (STRATEGIC PLAN NO. 6,2) 1 CITY MANAGEW RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended 0 As Amended © Ordinance on 18'Reading 0 Ordinance on 2ndReading ® Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of purchase order to National Auto Fleet Group for the purchase of three Ford F -250 trucks in an amount not to exceed $179,405, 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. The City's Vehicle Replacement Policy provides guidelines and criteria for determining when vehicles need replacement. This criteria includes vehicle age, mileage, maintenance costs, and safety history. As a result of reviewing the City's replacement criteria, three 2004 Chevy Vans with an average of 91,775 miles have been identified for replacement. These vans will be replaced by Ford F250 trucks and are utilized by the Police Department's Crime Scene Investigations program. The trucks include additional cabinets that are retrofitted to store forensic supplies and equipment. 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 (NJPA) awarded a contract to National Auto Fleet Group (contract #102811) for procurement of fleet vehicles as a result of open competitive bidding on behalf of its members, which includes government entities. The awarded contract is valid through 2018 and meets the City's purchasing requirements. Due to the complexity of the specifications of such a multi- faceted vehicle, the use of a Cooperative Purchasing Agreement such as NJPA provides for a timely and cost effective vehicle purchase. To allow for unanticipated charges, an additional 5 percent has been included in the award amount. 2213-1 Contracts Award for Replacement F•260 Trucks October 6, 2015 Page 2 Approval of this Item supports the City's effort to meet Coal #6 Community Facilities & Infrastructure, Objective #2, (address deferred maintenance on City buildings and equipment). FI§CAL IMPACT Funds are available In FY 2015 -16 Fleet Maintenance Equipment Replacement account (07610101 - 66400) in the amount of $119,605, and $59,800 in the Police Central Distribution Center account (01114450-66400). CL/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 6, 2015 TITLE: CONTRACT AWARD TO NETXPERTS, INC. FOR CISCO SMARTNET SUPPORT AND MAINTENANCE RENEWAL (SPEC. NO. 15 -091) {STRATEGIC PLAN NO. 6,1F} CITY MANAJ2R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F.W=16zP ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 °fReading ❑ Ordinance on 2naReeding ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject the bid from Tredent Data Systems, Inc. as nonresponsive to the specification. 2. Award a contract to NetXperts, Inc. for Cisco SMARTNET Support and Maintenance Renewal in an amount not to exceed $35,750, 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. ( "Cisco "). Crucial components supported by Cisco include but are not limited to firewalls, Core Datacenter Switches, Intrusion Detection Systems, and other distribution switches. The support and maintenance of this equipment is essential in ensuring the availability and security of the City's existing network infrastructure. Support and maintenance services are provided directly by Cisco and sold through its network of certified resellers. The City's annual term for Cisco SMARTNET 24x7 ( "SMARTNET ") services is expiring on October 22, 2015. Continuation of Cisco's SMARTNET support and maintenance is critical in preserving the integrity of the City's computer network. The notice inviting bids was advertised on August 26, 2015 and offers were solicited. A summary of the bids and offers received is as follows: 69 Vendors were notified 11 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 3 Bids received 22C -1 Contract Award for Cisco SMARTNET Maintenance Renewal October 6, 2015 Page 2 Bids were received and opened on September 4, 2015, (Exhibit 1). The bid received from NetXperts, Inc. is responsive to the specifications and meets the City's requirements. 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). FISCAL IMPACT Funds are available in FY 2015 -16 Finance Information Systems Strategic Plan Maintenance and Support account (no. 10910147 62300) in the amount of $35,750. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency FG 22Ci -2 Contract Award for Cisco SMARTNET Maintenance Renewal October 6, 2015 Page 3 ABSTRACT OF BIDS (15 -091) CONTRACT AWARD FOR CISCO SMARTNET MAINTENANCE AND SUPPORT RENEWAL VENDOR NetXperts, Inc. LOCATION Walnut Creek, CA TERMS NET 30 DAYS OFFER $35,704.37 Exhibit 1 22C -3 Kambrian Corp West Covina, CA NET 30 DAYS $38,565.71 22C -4 01 0- a di I CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: r ka s : • CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 °v Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1, Award a contract to Vido Artukovich & Son, Inc„ the lowest responsible bidder, for the construction of the Bristol Street water main Improvements, Alton Parkway to Warner Avenue, In accordance with the base bid in the amount of $2,504,460 subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Cost Analysis for a total estimated project delivery cost of $3,255,800, which includes the contract base amount, administration, Inspection, testing, and a 15 percent contractual contingency of $376,673 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The existing 16- inch - diameter ductile iron water main on Bristol Street between Alton Parkway and Warner Avenue (Exhibit 1) was installed in the 1980s, and has begun to experience a number of breaks and leaks. Staff monitors the condition of water main pipelines by assessing critical factors such as history of breaks, size, location, and system redundancy to determine the priority of replacement needs. Based on an analysis of these factors and the corrosive properties of the soil, the water main along this segment has been identified as one of the highest priorities for replacement, due to Its high probability of failure and significant consequences to vital facilities (such as Orange Coast Hospital as well as other medical offices and businesses), should a failure occur. A Notice Inviting Bids was advertised on August 11 and 12, 2015, and bids were opened on September 17, 2015. The following is a summary of the bid Invitations mailed and received, and the bid results, - ` � r RSICTi1 Santa Ana contractors receiving notices 6 Contractors requesting bidding documents 22 [aids received 6 Bids received from Santa Ana contractors 0 23A -1 Contract Award for Bristol Street Water Main Improvements October 6, 2015 Page 2 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Vido Artukovich & Son, Inc. South El Monte $2,504,490 2 Minako America Corporation Gardena $2,587,640 3 GRFCO, Inc. Brea $2,776,000 4 Sully - Miller Contracting Company Brea $2,828,779 5 Ferreira Construction Company Chino $2,8771000 6 Downing Construction, Inc. Redlands $3,587,890 Six bids were received and considered responsive, with Vido Artukovich & Son, Inc., submitting the lowest responsive bid. The bid amount of $2,504,490 is comparable to the Engineer's Estimate of $2,300,000 and is incorporated into the Construction Contract (Exhibit 2). Based on the bids received, staff recommends award of this contract to Vido Artukovich & Son, Inc. 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 to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER #2015 -8 will be filed for this project. In addition, a Certification of Categorical Exemption and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The estimated total delivery cost of this project is $3,255,800, which includes construction, contract administration, inspection, testing, surveying, and contingencies (Exhibit 3). Funding is available in the Water Capital Projects Fund (Account No. 06617647- 66301) for Fiscal Year 2015 -2016. R ed Mousavipour ecutive Director Public Works Agency FM /EWG /ET Exhibits: 1, Vicinity Map 2. Construction Contract with Bid 3. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -2 VICINITY MAP m Exhibit 1 23A -3 23A -4 CITY OF SANTA ANA CONTRACT PROJECT NO. 14 -6439 BRISTOL. STREET WATER MAIN REPLACEMENT This CONSTRUCTION CONTRACT is made and entered into this 6th day of October, 2015, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and Vido Artukovich & Son, Inc., hereinafter referred to as "CONTRACTOR ". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Bristol Street Water Main Replacement ( "Work of Improvement ") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents," which include the following: •... Notice Inviting Bids •... Information to Bidders •... Bid Proposal Bid Bond •... Contract Form • ... Contract Bonds • ... Special Provisions •...Technical Provisions • ... Project Plans •... Appendix In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for this Work of Improvement the sum total amount of $2,504,490.00, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual Cnmrac� 12-20H EoAtSz CITY OF SANTA ANA CONTRACT PROJECT NO. 14 -6439 BRISTOL STREET WATER MAIN REPLACEMENT amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Accordingly, this contract is subject to a 15% contingency amount, to be expended only at the written direction of the Executive Director of Public Works or his designee for additional services required due to unforeseen circumstances. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10 %) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond). Sample bonds are attached hereto and incorporated herein as Exhibit "B." Cm, mm 12-$014 23A-6 CITY OF SANTA ANA CONTRACT PROJECT NO. 14 -6439 BRISTOL STREET WATER MAIN REPLACEMENT IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R, CARVA City Attorney--' CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: andoval Fred Mousavipour, P.E. Assistant City Attorney Executive Director, Public Works Agency CONTRACTOR: Vido Artukovich & Son, Inc. /Vidmar, Inc. AJV By: / Title: VICLO Artu co is managing a. ner Cm. , ia� 2mn C -I c 23A -7 CITY OF SANTA ANA PROPOSAL PROJECT NO, 14 -6439 BRISTOL STREET WATER MAIN REPLACEMENT BID PROPOSAL TO; CITY COUNCIL, OF THE CITY OF SANTA ANA FRONT: Vido Artrukovich 6 Son, Inc. /Vidmar, Inc. A JV REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents Including the Plans and Specifications, read the Notice Inviting Bids, and reviewed the Summary of Bid Proposal Documents, List of Contract: Documents, and Information to Bidders for Proposal Submission, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump SLIM(S) set forth In the following schedule: Item Bid Item _Quantity Price Amount 1 Mobilization, Demobilization & Cleanup 1 LS $j•d5000•� $ _ $ /moex� 2 Project Construction Signs 15 EA 3 Excavation Safety Measures, including Dewatering 1 _ LS $ Zou"`` $ zUt1,t10� 4 Contractor Staking, Verification of Utility Locations and Field Dimensions LS $75;aoa,° $ 7s,croo. 5 . _PVC Traffic Control 1 LS _ .,or�N.'^ —o' Water Main _ 6" C900 (DR 14) 10 - LF $ goo. =` $ Z, 000 • 6 8" C900 (DR 14) i 305 LF $ l5or, ` $ c(5, 750 • -- 10" C900 (DR 14) 40 LF $ za& =` $ 8/000. 16" C905 (DR 14) 4080 LF $ Zr(. °� $/ jL(,9 -zq.5 7 18" Ductile Iron Water Main (Class 350) 320 LF 7�70 P -la N'tWO ..0 Ivaponi M22- 20H.A.. 23A -8 CITY OF SANTA ANA PROPOSAL PRoicc'r NO, 14.6439 BRisToL STREIT WATER MAIN REPLACEMENT 8 8 Resilient Wedge Gate Valve 3 EA i Butterfly Valve 9 1fi" 7 EA $ S,,' 700. $ 1 EA $6i ea' $ b/ Zoo, 10 Fire Hydrant 19 EA c'J 5, 0 70. ` Remove and Replace Existing Domestic Service Remove 3 /A ", Replace with 1" v 1 EA $Zovo. $ Z,(,,am Remove and Replace 1" 13 EA $ Z, 0m). °4 $76 Opa, ds' Remove 11/2 ", Replace with 2" g EA ao,° Remove and Replace 2" 10 EA Z 5ce, w Remove and Replace Unknown SizeService 4 EA $ 3,0ao•" $ )Z 000, C= Re- Connect Existing Domestic Service 12 3 -^ 1 $ 3000, 411 6 !EA Re- Connect Existing Fire Service 4 "` - -� 1 EA $Y,5Cd1: "S na 13 611 H 2 EA $ If 010, ` $ 006. ° e 10 1 EA $ cf, Sw, °- $ q, Unknown Size Service 1 EA $ 7,,00.x' $ -7OtzC, 14 Remove & Replace Existing Fire Detector Check 1 EA 15 Construct 60" Valve Manhole�� 1— EA P -(b SueAnn ] � x tlrarytlml °9ZL201 A.(bu 23A -9 CITY OF SANTA ANA PROPOSAL PROJECT N0, 14 -6439 BRISTOL STREET WATER MAIN REPLACEMENT 16 Cut and Cap Existing Waterline 21 EA $ 6oO, ` $ f'Z 6OM 17 Remove Existing Fire Hydrant 19 EA $ 76'0, 'S $ 18 Abandon Existing Valve 37 EA $ ,` i. °4 $ f 3 56a r 19 Remove and Dispose of Existing Valve 11 EA $ 6WY "" $ 6 00 20 Abandon Existing Main in Place 1 LS $ 2 gee, n $ 2Sj 000v = 21 _ 2" Combination Air Vacuum Release Assembly 5 EA $3SU6. $ /7 v�. �s 22 4" Blow Off Assembly 8 EA $ L /5� `s $ 3b, 000, 23 Connect New Pipeline to Existing 18 EA $ ?,0 c•s $ 5z/, 0<yo'° -°, 24 Connect to Existing Concrete Cylinder Pipe 1 EA $ Z 000. $ -(� 00CX• nr 25 Replace Traffic Detector Loops 76 EA ky xn, == $ 38, (oo. a4 26 Signing and Striping 1 LS $1s;aCe" $ ZS,(ve. 27 As -Built Drawings 1 LS $30,000 $30,000 28 OPTIONAL Vertical Offset 4 EA $ 5 (Jcx3 $ V, Ocp q �u TOTAL BASE BID ITEMS 1 -28 — $ Z, 5o (, /W The lowest responsible bidder shall be selected based on the BASE BID Amount. The City reserves the right to award the Base Bid, and any, all or none of the alternate Bid Items. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete said work within one hundred (100) working days after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within thirty (30) calendar days after issuance of a Notice To Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount, in lieu of that specified in Subsection 6 -9 of the Standard Specifications, shall be $1000 per calendar day. P-1 c' Scolinn 3 - n Pmpoe1109- 1S�SOIA dnep 23A -10 CITY OF SANTA ANA PROPOSAL PROJECT NO. 14 -6439 BRISTOL STREET WATER MAIN REPLACEMENT The undersigned bidder acknowledges receipt of the following addenda issued for the above project. If no addenda have.been received, write "none," List of Addenda Received: 1,2 BIDDER Finn: Vido Artukovich & Son, Inc. /Vidmar, Inc. A JV Address: 11155 Rush Street, South El Monte, CA 91733 Telephone: 626 499 -4286 _ Signature: Vido Artukovich -:"Managing Partner The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the Engineer. All bids will be compared on the basis of the Engineer's estimated quantities of work. The bidder agrees that in case of not executing the required contract with necessary bonds within ten (10) calendar days, not including Sundays, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid shall become the property of the City of Santa Ana. The bidder also certifies that the bid Is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing Is true and correct. It is understood and agreed that: (1.)After the bid has been accepted, the designated contractor shall attend a pre -job conference. The contractor shall be Informed of said time and location. (2,)No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of the Agreement shall affect or modify any of the terms or obligations of this Proposal, (3.)The City will not be responsible for any errors or omissions on the part of the undersigned in making up their bid, nor will bidder be released on account of errors. P -Id Seclinu f -w Pmpnxnl 09422111 M1.Am:x 23A -11 CITY OF SANTA ANA PROPOSAL PROJECT NO. 14 -6439 BRISTOL STREET WATER MAIN REPLACEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: Vido Artukovich & Son, Inc. /Vidmar, Inc. A JV Business Address: 11155 Rush Street, South E1 Monte, CA 91733 Telephone: 626 444 -4286 State Contractor's License No, and Class: 726231 A Expiratio Signed: Title: Managing Partner P -1 e &er.Aon 3 � n �mpnoxl On- 2J- 2tll9tlucr 23A -12 i / CITY OF SANTA ANA PROPOSAL OWNERSHIP AFFIDAVIT STATE Or CAU PORN IA ) COUNTY OF ORANGE } SS: CITY OF SANTA ANA ) Vido .Artukovieh ,being duly sworn, deposes and says: [I INDIVIDUAL That lie/ she is the party rnaldngtheforegoing proposal: []PARTNERSHIP PARTNERSHIP That he /she is a member of the co- partnershfp firm designated as': and who has been and is duly vested with the authority to make and execute Instruments for the copartnership by: who constitute the other members of the eo- partnershlp, - O CORPORATION That he Is oh, e corporation which 1, making the foregoing proposal: (JOINT VENTURE That he is oh __ — - - - ` one of the parties making the foregoing proposal es a Joint venture, and the ha /she has been and is duly vested with the authority to execute-instruments for an on behalf of the partiesmeking.said bid who are: Vido Artukovich & Son, Inc. /Vidmar, Inc. A JV that such a bid Is genuine and not collusive or sham; and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself orally other person. Signature of Bidder CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE 8202 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which tills certificate is attached and not the truthfulness accuracy, or validity of that document. State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me an this 16th of September, 2015 by Vido Anukovich, proved to me on the basis of satisfactory evidence to be the person who appeared before me. y r 9fAgtlN ANTU 212104 N 292191 CatrrYaafon 9 r✓ NuParyPa9Me- C91111orms Signature �= Loa Mpak1 County � 1R i mrtt. a 9rn dW 31 299 23A -13 CITY OF SANTA ANA PROPOSAL KNOW ALL MEN BY THESE PRESENTS that, Vido Artukovich & Son Inc /Vidmar Inc a JV of Bristol Street Water Main Replacement from Acton Ave, to Warner Ave. , as BIDDER, and as SURETY, are held and firmly bound unto the CITY OF SANTAoANt as T br GgNCY, in the penal sum of en percent of total amount bid Dollars ($ 10% o Eota ), which Is ken percent (10 %) of the total amount bid by BIDDER to AGENCY for the above- stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above- stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER In the manner and time specified, then this obligation .shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 2nd day of September 2015 BIDDER* Vido Artukovich & Son Inc /Vidmar Inc a JV, 11155 Rush St., So. El Monte, CA 91733 By: Vido Artukovich — Managing Partner SURETY* Fidelity and Deposit Company of Maryland, 777 So. Figueroa 5t., #3900, Los Angeles, CA 90017 Subscribed and sworn to before me see attached this �� day of 20 Signature; Notary Public in and for the County of , State of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. �eauwit rPnOrziu�ll9,]1!UlJ tluu, F-.F 23A -14 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) y ss County of Los Angeles } FP 0 2 2015 On ,before me, Natalie K. Trofimoff, Notary Public, personally appeared Noemi ouiroz , who proved tome on the basis of satisfactory evidence to be the persons whose nameko isAare subscribed to the within instrument and acknowledged to me that FiefsheAJtey executed the same in 4WI� Ierf*eie authorized capacity4s4, and that by WgherAr& signaturejr,} on the instrument the persons }, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ...... ... .... ,.. �' <•. NATALIE K. TRONIMOPF k�w,.T •„ Commission No 1957481 z U rr"1 _. NOTARY PURU &CALIFORNIA p LOS ANGELES COUNTY My Comm. Explros OCTGRER 22, 7016 (Seal) 1 i i �.' ^V�n ) Signature:_ r l (u> Natalie K. Trofimoff, Notary Publi 23A -15 ZURICH AMERICAN INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL [MEN BY THESE PRESEN'T'S. that the ZURICH AMERICAN INSURANCE COMPANY, n corporation created by and existing under the Incas ol'the State of New York do0s hereby notninate, cmamianc and appoint C. 1C, NAKAMURA, Lisa L. THORNTON, E. S. ALBRECHT ,ltd., Marla PENA and Noeml QUIROZ, all of Los Angeles, California, EACH its u'ue and lawful Attorneys -In -Fact with power told authority horsily comforted to sign• seal. and execute in Its behalf, during the period beginning willadllc date 01' issunnre of this power, : any and fill bonds and underhddngs, recognizances or other written obligations in tjl • rigakotherk', and to hind ZURICH AMERICAN INSURANCE COMPANY thcrchy. and till of the lots of sod Atfmncylsl In fncf jayrut�r9t Yi1 IGcye pro. ?cots are botchy ratified and confirmed . This Power of Attorney is made and executed pwsuanl to and [imll'e mrtl�prll� &1` hU 1t�llobvfti`g�"f4jr Law duly adopted by the Board of Directors of the Company which By -Law has not been nrnen ledgi�I li, 1pldal ,1; I, „I, Article VI. Section 5. ...... rho President or It Vice Presitjt.rlC�ytlwtLtV inel'fuoic�lt;at {yslc{1 by'f!,�crdtvy or an Assistant Secretary may appoint any Pelson Autancy -hr-Fuel with- uutUartf9t,l'�S.�.x dot sLrcl - hpdsoa I,nj;WWf•or "the Company and other fornrtil underwriting conhmcis in reference therua tact teinsur Utcual1, Ill tYa � fAl%&ina`palfees and bonds of of kinds mad touch the cot panne seal Any such officers ntpLius ol�e;Qm ptrwors "rkirltad It y ome.y in Fact." This Power of Attorney is siy.pUit shot, gynle�i�hy�,'�'9¢alLioikrdn<ler and by the authority of Llw following Resolution adapted by the Eourd of Directors of to ZURICH AN1F.L�IC.AN- (NSUI PANY by unanimous ttesent in lieu of 9 special meeting dated Decemher 15, ” RESOLVED. that the signatuue of the ['resident or a Vice President and the nuesting signature of it Secretary or an Assistant Secretary and the soul at' rite Company may be affixed by fnesinadb; on any power or Attorney pucsu9nt to Article Vt, Section 5 of the Hy -Laws. and the Signature of a 5ocrelnry or till Assistant Secretary and the soul of the Company may be affixed by hilishnil0 to any ceitiricme of' tiny such power. Any such power or any certificate thereof with such fucshnile signature mad seal shall Lie valid and binding on the Company. FLlrtllermel8, such power so executed, sualod and clarified by certificate so executed and scaled shelf• with respect to any bond or undertaking to which it is attached, shelf continue to be valid and binding on the Company." IN WITNESS WHEREOF. the ZURICH AMERICAN INSURANCE COMPANY has caused these presents In ho executed in its more and on its behalf and its Corporate Seal to be h0oXmto affixed and attested by its officers thereunto duly nuthurizecl. this 15th day of Nuvembur, A.D. 201 L This power of attorney revokes (fiat issued on behalf of C. KC NAKAMURA, Lisa L. THORNTON, E. S. ALBRECHT JR_ Maria PENA, dated Juno 24, 2011. a„omnoqn„ a'P`cp n•a..... ZURICH AMERICAN INSURANCE COMPANY S9'ATE OF MARYLAND SS Sy: a' : - CITY OF {3ALTIM012E Eric D. Barnes 5ecrenu.c (i-nnk E. Nlnrlln Jr: I'ic•a President On [lie 15th clay of November, A.D. 2011, before the subscriber, a Noway Public or the State of Maryland, duly commissioned and qualified, come the shove named Vice President and Secretary of ZURICH AMERICAN INSURANCE COMPANY. to ore personally known to he the ardividjais and officers deseribud in and who executed the preceding instrument and they each acknowledged the uaecution Of the same and heing by me duly sworn, they severally and each for himself deposed and said that they respectively hold the offices in said Cogloralion as indicated. that the Seal affixed to the preceding Instrument is the Corporate Seal orsaid Corporation, and that the said Corporate Sent. and their ruslrective sbgncuure as Such WrCOrs, woe duly affixed and subscribed to the said instrmrcrot pursuant to ell 11110 corporate authorization. IN WfTNLSS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fhyl above. 111 �.rC)'l.G�.rV' ✓.?. ,1111,• Nolao— Poblir iV v Commission Esphes: ,hdc 14.2015 This Power of Attorney limits Ilse lots of those maned therein to the bonds and undertaking specifically named therein, and they have na authorfty 10 hind the Company except In the manner and to the extent herein stated. CERTIFICATE 1. the undersigned. a Socrcituy of the ZURICH AMERICAN INSURANCE COMPANY, do hereby cerify that the foregoing Power of Attorney is still In full force and e1'fCCL.9nd further certify that Article VI. Section 5 of the 6y -Lows of the Company and the Resolution of the Board of Directors set forth in said Power of Auorncy are still fn force. IN I FS- I'IMONY WHEREOF I have hereto subscribed my name and ai'tixad file seal of said Company sip us : =t the day of— ''y'67•, .... .. �h: Gerald T". Halev S'erretarc "''r... ° *„ ;r`'• POA -Z ZA 012 -01150 Serial Number.TH2O11November15ZA 06 -11 ZA06 -I1 ZA I1 -11 ZA 012.DI15C 23A -16 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Civil Code 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy of validity of that dOCUment. State of California ) )ss County of Los Angeles ) On September 16, 2015 before me, Sharon Artukovich, Notary Public, personally appeared Vido Artukovich, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY FOF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal WARCN ARIUKCVICN C®UadfiM N 4121018 Notuy fubk - CYHorela lot AWN County it (Seal) Sigriratu[ __ .15 ��"� 1'�U�i w . Sharon Artukovich, Notary Public 23A -17 23A -18 COST ANALYSIS CONSTRUCTION OF THE BRISTOL STREET WATER MAIN IMPROVEMENTS ALTON AVENUE TO WARNER AVENUE Construction Contract Contract Administration Inspection and Testing Construction Survey Staking Contingencies (15 %) TOTAL ESTIMATED DELIVERY COSTS Exhibit 3 23A -19 $2,504,490 $137,746 $187,802 $50,089 $375,673 $3,255,800 23A -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE; TITLE: APPROVE THE ARTIST GRANT AGREEMENT WITH ALBERT LOPEZ, JR. {STRATEGIC PLAN NO. 5, 5B} CITY MANAG ® �A RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0 As Recommended E3 As Amended ❑ Ordlnance on 181 Reading E l Ordinance on 2 "a Reading �7 Implementing Resolutlon Q Set Public Hearing For„ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Albert Lopez, Jr., a recipient of the 201518 Investing In the Artist Grant In the amount of $10,000 as recommended by the Arts & Culture Commission, subject to non - substantive changes approved by the City Manager and the City Attorney, r • At Its regular meeting of August 4, 2015, the City Council approved and awarded Albert Lopez, Jr, funding in the amount of $5,000 (Exhibit 1). The Request for Council Action (RFCA) listed the incorrect funding amount for Mr. Lopez, Jr. The recommended amount by the Arts and Culture Commission was for $10,000. Staff recommends that City Council approve the agreement with Mr, Lopez, Jr. in the amount of $10,000. In addition, Joseph Haws, a recommended recipient of the Grant, informed the City that due to personal matters, he is unable to fulfill his obligation under his contract (Exhibit 2). Staff is recommending terminating his agreement for $5,000 and applying the funds to increase Mr. Lopez's contract as recommended by the Arts and Culture Commission. The amount of $85,000 awarded to recipients of the Investing in the Artist Grant will remain as approved by the Arts and Culture Commission. 1TRATE,91C PLAN ALIGNMENT Approval of this Item supports the City's efforts to meet Goal #5, Community health, livability, engagement and austalnebillty , Objective #5 (Promote a strong arts and culture Infrastructure), Strategy B (Generate public and private support and resources to strengthen, expand and stabilize funding for the arts). 25A -1 Artist Grant Agreement — Albert Lopez, Jr. October 6, 2015 Page 2 FISCAL IMPACT Funds are available in the FY 2015 -2016 Community Development Agency Strategic Plan Projects Loans and Grants account (no. 05218018- 69152). APPROVED AS TO FUNDS AND ACCOUNTS: 1�� Kelly Re de Cep Francisco Gutierrez Executive Director J Executive Director S� Community Development Agency Finance and Management Services Agency KR/CD /II Exhibits: 1. Approved Grant Amounts 2. Joseph Hawa Termination Letter 25A -2 REQUEST FOR COUNCIL ACTiON CITY COUNCIL MEETING DATE: AUGUST 4, 2016 TITLE: EXHIBIT I ARTS AND CULTURE ARTIST GRANT PROGRAM FISCAL YEAR 20152016 (STRATEGIC PLLAAN NO. 5, 6 3) CITY MANAGER APPROVED (� As Recommanded As Amended Ordinance on 1e Reading Ordlnanoo on 2Ae Reading Implementing Resolution set Public Naadng For CONTINUED TO FILE NUMBER 1. Approve the Arts and Culture recommendations for fiscal year 2015 -2016 Investing in the Artist Grant Opportunity in the amount of $ 80,000; 2. Approve staffs recommendation for fiscal year 2015 -2016 Investing in the Artist Grant Opportunity to add one additional project in the amount of $5,000; 3, Direct the City Attorney to prepare and authorize the City Manager and the Clark of the Council to execute agreements with artists and art organizations awarded funds as part of the approved program, subject to non - substantive changes approved by the City Manager and City Attorney, ARTS AND CULTURE COMMISSION At Its regular meeting on July 16, 2015, the Arts and Culture Commission (ACC) directed staff to transmit funding recommendations for the Investing In the Artist Grant Opportunity for fiscal year 2016 -2016 to the City Council by a vote of 6;0 (Cribb abstained, Rubio absent) for the Orange County Center for Contemporary Art, 6;0 (McGee abstained, Rubio absent) for Downtown Incorporated, and 6:0 (Rubio absent) for all other recommendations, The ACC reviewed and rated a total of 46 completed applications, Artist applications were evaluated on the following criteria; (1) Project Merit- 40%; (2) Artist Portfolio- 30 %; Potential Community Impact- 20%; Individual Need- 10 %. Art organization applications were evaluated on the following criteria; (1) Project Merit- 60 %; (2) Organization Need. 26 %; (3) Potential Community Impact - 26%. The rating results for both Individual artists and art organizations have been combined and are summarized below. 25A -3 0 J Arts and Culture Artist Grant Program August 4, 2016 Page 2 r®TAL', ronu,uva *Applicant requested $5,00010 complete a one-year project; however, the budget worksheet submitted only Indlcates a need for $2407, Staff recommended applicant continue the project for one additional year. ACC approved the recommendation.* "Applicant requested $10,000 to complete the project; however, the budget worksheot submitted Only Indicates a need for $8,000, Staff recommended grant amount be reduced to $6,000. ACC approved the recommendation. 25A -4 t 7NanoyAloala 70,8 Hire live local artists to help Increase $1,0,000 free Artwalk activities $10,000 08/03/2016 Hosts mobile series ottree art, ceramic & craft workshops for 70.7 children and adults In $5,000 $5,000 08/03/2016 underprivileged nelghborhoods throe bout the olt Free arts & crafts for children and Maria Rwio* 671 adults at Artwalk for a period of two $5,000 $5,000 08103/2017 ears Albert I -opex, Jr, 67,4 Free solo exhibit of a series of oil paintings at location in Santa Ana $5,000 $5,000 08/0812015 Santa Ana Strings Program; Provide Paciflc Symphony 67.1 music training to Santa Ana children $10,000 $10,000 08/03/2016 at the Boys & Giris Club Free series of live painting Joseph Hawa * 66.6 demonstrations at ArtBrunoh, Free $10,000, $5,000 08/03/2016 collective exhibit at ArtWalk, Free playwrlting & theatre - making Sarah Guerrero 66,1 workshops for children and adults $5,000 $5,000 08/03/2016 throughout the illy. Orange County Host three music related film Children's 65.7 vlewings for children and adults at $10,000 $10,000 08/0312016 Therapeutic Arts Frida Cinema Center Mural In Downtown Santa Ana located between N. Main St. & N. Alicia Rajas 64,7 Bush St, behind 08t, created $10,000 $10,000 08/03/2016 through a community survey process to farm the foundation of the mural concept Orange County Free solo exhibit of artist George Center for 64.2 Herms & jazz musical performance $5,000 $5,000 Oa/03/2016 Conte m ora Art at OCCA Host a series of free art workshops Carlos Kalim 61,7 and exhibitions for children and $10,000 $10,000 OaJD3/2416 Quevedo- Presteln adults at a location in Santa Ana, r®TAL', ronu,uva *Applicant requested $5,00010 complete a one-year project; however, the budget worksheet submitted only Indlcates a need for $2407, Staff recommended applicant continue the project for one additional year. ACC approved the recommendation.* "Applicant requested $10,000 to complete the project; however, the budget worksheot submitted Only Indicates a need for $8,000, Staff recommended grant amount be reduced to $6,000. ACC approved the recommendation. 25A -4 Arts and Culture Artist Grant Program August 4, 2015 Page 3 DISCUSSI()N The Investing in the Artist Grant Opportunity Is an effort to old emerging and established artists and art organizations in Santa Ana to further their artistic creativity while residing and/or working In Santa Ana's vibrant local art scene. The goal of the grant is to distribute small but Impactful funds to artist and art organizations In Santa Ana. A total of $85,000 Is available to be awarded to selected artists and art organizations. Awardees will receive grants In the amounts of either $5,000 or $10, 000, Grant funding for artists may be applied towards artist project (including time, travel and research), equipment and supplies, Grant funding for art organizations may be applied towards spacial events, special projects, equipment and supplies. At its regular meeting on April 21, 2015, City Council authorized staff to release the Investing in the Artist Grant Opportunity application to solicit project proposals to emerging and established artists and arts organizations. The application was released on April 23, 2015 and available until May 26, 2015. Submissions were accepted online via submlttable.com, by mail, or hand delivery. Outreach included a We press release, as well as contact with community partners. The application was posted on the Citys website and a direct e-mail announcing the grant opportunity was sent to artists and art organizations who had expressed interest In receiving such notices. Staff also presented an informational workshop which was attended by 25 individuals. Grantees will be required to submit an Interim and final report on outcomes achieved. The first payment will be disbursed at the commencement of the grant period and the second payment will be disbursed after completion of an interim report, Interim and final reports will require documentation for expenses paid, such as receipts, to support grant expenditures, If receipts are not available for certain expenses, a certification from the awardee certifying the expense may be accepted on a case by case basis. Grantees will also be required to submit a worksheet detailing the date, time, and location of the workshop /event. Staff will provide the details of the workshops /events to City Council as they become available. Staff recommends approval of the ACC recommendations In the amount of $80,000. After reviewing the ACC recommended funding amount, staff identified an available balance of $5,000. As a result, staff also recommends including one additional project that was rated next highest on the ranking list (exhibit 1) In the amount of $5,000 for a total $86,000, The rating results for the project are summarized below, 25A -5 Arts and Culture Artist Grant Program August 4, 2015 Page A STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainabllity, Objective #5 (Promote a strong arts and culture infrastructure), Strategy B (Generate public and private support and resources to strengthen, expand and stabilize finding for the arts). � ISCAt IMPACT Funds in the amount of $85,000 are available In the FY 2015 -2016 Community Development Agengcy Strategic Plan Projects Loans and Grants account (no, 05218018.69152). Kelly Reen rs Executive Director Community Development Agency KR/S5 Exhibits: 1. Ranking List 2. Project Descriptions 3. Draft Agreement APPROVED TO FUNDS AND ACCOUNTS: Francisco Gutierrez f Executive Director Finance and Management Services Agency 25A -6 Chris Dalton Kelly Reenders City of Santa Ana 20 Civic Center Plaza M -16 Santa Ana, CA 92702 Dear art lovers, EXHIBIT 2 Aug. 31, 201s I received the greatest news I've ever heard in my life when the City Council approved giving me an arts grant, To see the city appreciate my artistic efforts meant so much more to me than the monetary value. It was truly a prestigious gift, and I thank you for it. Normally, I am a positive person, and I give what I know in the art of painting to others who need it, without looking for any compensation. And I am willing to give to the city free of charge any limited edition print of any painting. I would suggest the painting "Field Pickers," which is admired by our esteemed Congresswoman Loretta Sanchez. In 1998, I moved to the Santora Arts Building, and I am still here. For an artist, it is the best place I can be. In 1999, I underwent a quadruple bypass heart surgery. I am still alive sixteen years later, and almost 78 years old. My heart doctor has recommended that I these days and refrain from placing too much pressure on myself. take it easy I have to listen to my doctor's advice. If I don't put my health first, I may not be with the beloved Santa Ana community any longer. Which is why I cannot accept the arts grant and recommend giving the opportunity for this art grant to a younger artist who is in good health. l apologize for any inconvenience 1 may have caused, and I'm sure there are many talented artists in the city who are deserving of the opportunity. Once again, thank you from the bottom of my heart for the recognition. Best wishes, Jo ph H a 207 N Broadway, Ste. 6A2 Santa Ana, CA 92701 25A -7 25A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: CITY DONATION AGREEMENT WITH TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION {STRATEGIC PLAN NO. 5, 4} J CITY MANAG9R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY; ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 °f Reading ❑ Ordinance on 2"" Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Templo Calvario Community Development Corporation for a one -time donation amount of $1,500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Councilmember P. David Benavides recommends to appropriate $1,500 to Templo Calvario Community Development Corporation in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 2513-1 Donation Agreement with Templo Calvario Community Development Corporation October 6, 2015 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015 - 62300). The $1,500 will be spent from Councilmember P. David Benavides' appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: 'k sj�s s �c.r> % , _ Francisco Gutierrez Executive Director Finance and Management Services Agency�i Exhibits: 1. Donation Request Form 2. Donation Agreement 25B -2 RXHI BIT 1 City of Santa Ana Clty Ma 2nager's Office - M-31 0 Civic Center Plaza Donation Request P.O. Box 1988 a Santa Ana, CA 92702 (714) 647.5200 Contact Information Name: Lee de Leon, Templo Calvario CDC (Love Santa Ana Initiative) (Title: PresidentJCEO Address: 12501 W. 5th St. city, state, zip: Santa Ana, CA 92703 Phone: 1714.543.2399 714.543.3711 I---- ___F,l a @tccdc.org Pax: Organizatio-n Information Name: Templo Calvario Community Development Corporation Tax - Exempt Status: Is your organization a non - profit or public tax- exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? �� elect One: W1 Yes ❑ No If No, you will only qualify for a credit for City- related costs for your request (t.e, permit fees, if Yes staff time, remit rates for fay or equipment, etc.). Costs for City services vary and if % 7-0601589 not approved, credit may or may not cover full cost of requested City services. Tax ID #: . r Donation is $ Date Needed: asap Benevidas Cmounte I�' �� IMaYorlCouncilmember: mount Requested: I Direct Payment Amount $ 1 r� ®® Event Date: 9/19/2015 �� Event Time: 7:30am- 12:OOprn��N Requested: Event Evans,City, on: [Pico-Lowell Neighborhood s, Clty, State, 21p Ana Initiative mobilizes the faith community, residents non - profits and the business community to work Description of beauty, hope and transformation to some of the most challenged areas throughout the City. On Sept 19, Funtd Event /Purpose: f volunteers will gather to help bring a community beautification serve day and resource fair to the hborhood, Community Benefit: Neighborhood Clean U p, Learning Garden, Mural Restoration, Resource Fair �A�t,l[cant Signature " s Dtlte 5 R , . �(�0:�.0 .., Return completed form via: Mall: City Manager's Office – M -31 Email: donationrequest @santa - ana.org 20 Civic Center Plaza Fax: (714) 647.6964 P.O. Box 1986 Santa Ana, CA 92702 Donation Request* DR • Council Meeting Date kC'l0P OI,A� # Olt at7 lbidf ®i [)i� r'S Eligibility Met YES / NO Approved Amouni4 City Manager Signature: JJ Date: - 25B-3 -� — - Revised 8/25/2015 RXHI BIT 1 25B -4 CITY OF SANTA ANA DONATION AGREEMENT WITH TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on OCTOBER 6 2015 by and between the City of Santa Ana, a municipal corporation COMMUNITY DEVELOPMENT CORPORATION, ORGANIZATION ( "Recipient "). City and Recipient are "Party" and collectively as "Parties" in this Agreement. 2. RECITALS ( "City ") and TEMPLO CALVARIO a California 501(e)3 NON- PROFIT sometimes individually referred to as 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in NEIGHBORHOOD CLEANUP AND BEAUTIFICATION ( "Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER P. DAVID BENAVIDES, believes there is a public purpose in supporting the Convnunity Benefit because it will GATHER VOLUNTEERS TO BRING A COMMUNITY BEAUTIFICATION SERVE DAY AND RESOURCE FAIR TO THE PICO - LOWELL NEIGHBORHOOD. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with ONE THOUSAND, FIVE HUNDRED DOLLARS ($1,500) for an event that was held on Saturday, September 19, 2015, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Tenn; Termination of Agreement. This Agreement shall tape effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement, EXHIB T 2 25t3 -5 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, regiure Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City, 3.4 No Oversight by City, Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willfiil misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Records. Recipient shall keep records and invoices in connection with the funds provided guider this Agreement. All such records and invoices shall be clearly identifiable. For a period of three (3) years from the date of this Agreement, Recipient shall allow a representative of the City upon request to examine, audit, and make copies of such records during regular business hours. 3.7 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.8 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement, Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA By: David Cavazos City Manager Attest. By Maria D. Huizar Clerk of Council Approved C Attorney TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION By: Signature Name Title r -oo REQUEST FOR COUNCIL ACTION COUNCIL CITY Di. .. OCTOBER 6, 2015 Rill % N00"', AGREEMENT WITH DELHI CENTER FOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS (STRATEGIC PLAN NO. 5,4) CITY MANAG �— RECOMMENDED ACTION CLERK OF APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_, CONTINUED TO Authorize the City Manager and Clerk of the Council to execute an agreement in the amount of $200,000 with the Delhi Center for the period of October 6, 2015 through March 31, 2016 for facility improvements to meet Americans with Disabilities Act requirements, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On November 4, 2013, the City Council approved the submittal of an Annual Action Plan (Plan) Substantial Amendment to the U.S. Department of Housing and Urban Development (HUD). The Plan's Substantial Amendment authorized the use of $200,000 of Community Development Block Grant (CDBG) funds for Americans with Disabilities Act (ADA) facility improvements at the Delhi Center. Approval of the recommended action will enable the Delhi Center to undertake ADA improvements including the modernization or installation of up to 18 doors, a stage lift, and other priority needs identified by an ADA Assessment, contingent upon available funding. Project funds will be used for: 1) Project management and labor compliance to ensure that federal requirements are met, 2) Assessment and design to prioritize improvements, and 3) The installation and construction costs associated with the ADA improvements. This project will meet the CDBG required national objective as a benefit to low- and moderate - income individuals. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25C -1 Agreement with Delhi Center for ADA Improvements October 6, 2015 Page 2 FISCAL IMPACT The Community Development Block Grant Funds for this item will be carried forward from Fiscal Year 2014 -2015 to Fiscal Year 2015 -2016 in account no.13518783 -69135 for expenditure in Fiscal Year 2015 -2016. 41y Keen e �� Executive Director Community Development Agency KR/SV /II Exhibit: 1. Agreement with Delhi Center APPROVED AS TO FUNDS AND ACCOUNTS: 5JZ x -- Francisco Gu ierrez Executive Director Finance and Management Services Agency 25C -2 EXHIBIT 1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DELHI CENTER FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this 6 °i day of October, 2015, by and between 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 ") and Delhi Center, a California nonprofit corporation (" SUBRECIPIENT"). RECITALS: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Entitlement Program, Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Number (FAIN) B- 13 -MC -06 -0508 , desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et sect. ("CDBG REGS "). B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended ( "ACT "). C. The SUBRECIPIENT is a private nonprofit corporation that has been selected by the CITY to receive CDBG finds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program ". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECIPIENT'S OBLIGATIONS A. Nonprofit Statics - Regiesentations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBREMPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (e) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 25C -3 (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or eiviI action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant /Tern and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $200,000 ( "CDBG FUNDS "), for the tern of September 1, 2015 through March 31, 2016. Such funds shall be expended by SUBRECIPIENT on or before March 31, 2016, The Tenn of this Agreement may be extended by a writing executed by the City Manager or his or her designee and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT upon receipt and approval of a complete activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before March 31 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perforn such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting; data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal Rinds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before March 31, 2016 and to use said finds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, architectural design fees, project management fees, labor compliance fees, construction costs, wages, administrative costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIGNT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terns and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency or designee, so long as the total budget amount does not increase. 25C -4 Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR §200,414(b) Indirect (F &A) costs. For this agreement, the de minimis indirect cost rate of 10% will apply, E. Licensins. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECMENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zonine. SUBRECIPIENT agrees that any facility /property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law witlrin sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. Audit Report Regu rements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the programs year in which this Agreement is executed. 1. Record I4eeping/Reporkg. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to detenmine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b, Documentation of the number of persons and /or families participating in or benefiting by the SUBRECIPIENT program. 25C -5 c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification of all household members ages 18 and over. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports a. Payment Request. Concurrently with the submittal of an activity report, SUBRECIPIENT shall submit both: an original invoice /request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. b. Serrii- Annual Reporting: SUBRECIPIENT shall submit information needed for the CITY to complete the Semi - Annual Labor Standards Enforcement Report (HUD Form 47 10) by April 1, October 1, and at submission of the final project invoice. c. Annual Report: SUBRECIPIENT shall submit information needed for the CITY to complete the Section 3 Economic Opportunities for Low and Very Low- income Persons Report (HUD Form 60002) and Minority Business Enterprise /Women Owned Enterprise Report (HUD Fonn 2516) by July 30, and at the submission of the final project invoice. J. Access to Records. CITY and the United States Government and their representatives or auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and their representatives or auditors shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keening. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT' S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above - referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 4 25C -6 L. Compliance with Law /Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any parry which is debarred or suspended or is otherwise excluded Rom or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension ". See also 24 CFR 570.609, SUBRBCIPIENT must review and sign Exhibit C " Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terns and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG fiunds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG Rinds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non - expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The tern "non- expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contact, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall subunit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terns and conditions of this Agreement. 25C -7 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D). SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontractors, sub - grants, and contracts under grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG - assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Dick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 For construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low -and moderate- income persons residing within the community where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women. 0 25C -8 W. Drag Free Workplace. SUBRECIPIENT agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements Cost Principles and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318 -326. Y. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's enviromnental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. Z. Women - and Minority -Owned Businesses (W/MBE). SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms ". As used in this Agreement, the tern "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one percent (51 %) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African- Americans, Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian- Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. II. CITY'S OBLIGATIONS A. Pa n �of Funds. On July 1, 2013, the CITY was awarded $5,682,340.00 for fiscal year 2013 -2014 from the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Chant ( "CDBG ") Entitlement Program. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received a sum not to exceed Two Hundred Thousand Dollars ($200,000.00) for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as Exhibit 'B" during the period of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of invoices/reimbursement requests. CITY shall pay such invoices/reimbursement requests within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terns and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPTENT, until such documentation and reporting has been received and approved by CITY. Documentation may include, but is not limited to true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and /or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. B. Audit of Account CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C, Common Rule. Pursuant to 2 CFR 200.328(a), the CITY manages the day -to -day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. 25C -9 D. Environmental Review. In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring. CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non - compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance. N action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. III. NONDISCRIMINATION 1. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. 2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination tinder any program of activity receiving federal financial assistance. 3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. 4. SU13RECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. 5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. 25C -10 IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discrhminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terns of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terns only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the tern "inmrediate family" means spouse, child, mother, father, brother, sister, brother -in -law, sister -in -law, father -in -law, mother -in -law, son -in -law, daughter -in -law, aunt, Uncle, niece, nephew, stepparent and stepchild, The tern "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 25C -11 VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M -25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 -1988 TO SUBRECIPIENT: Delhi Center Jenny Rios, Chief Executive Officer 505 E. Central Avenue Santa Ana, CA 92707 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. LY. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify, and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement, Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self - insurance and CITY. Governmental entities may provide proof of self- insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self - insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. 10 25C -12 (b) SUBRECIPIENT shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement 2. Automobile Liability Coverage SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as self- certification of automobile insurance coverage. Governmental entities may provide proof of self- insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq.; or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the tern of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. 4. Equipment Coverage: SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. if not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non -CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 11 25C -13 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 2 CFR 200.313(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause ally person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state mid/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any inshtrnents, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS " and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERNUNATION A. This Agreement may be terminated on thirty (30) days' written notice by either patty. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of tenmination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of finds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to b terminated, however, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the award was made, the CITY may terminate the award in its entirety. 12 25C -14 E. The grant of funds tinder this Agreement may be terminated due to the non - performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F, In the event this Agreement is terminated as set forth in subparagraphs XILA. through XILR, inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and hr revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shalt any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. CLOSE -OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CPR §200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 13 25C -15 1 Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of perforunance as specified in the tcnns and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A -129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal finds or received from the Federal government in accordance with 2 CFR § §200.310- 200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVIL VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. WAIVER No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terns of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. XIX. 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 filly, 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 and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on followingpage) 14 25C -16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: CITY OF SANTA ANA DAVID CAVAZOS City Manager SUBRE CIPIE NT: 15 25C -17 Jenny Rios Chief Executive Officer Tax ID: 95- 2620952 DUNS #: 088513593 Exhibit A Delhi Center ADA Upgrades Scope /Statement of Work Delhi Center's efforts under this Agreement will be to provide public facility improvements for the removal of barriers to accessibility at Delhi Center to comply with the American with Disabilities Act (ADA). Funding of this Agreement is to support project management, design, engineering, bid preparation, labor compliance, and installation and construction costs. An assessment will be conducted to determine priority of ADA improvements which will include but is not limited to 18 sets of doors as listed in Exhibit A -1. Once the assessment is completed, a priority list of improvements will be submitted to the City for approval from the CDBG project manager. Major tasks that the Subrecipient will perform include, but are not limited to, the following: • ADA assessment to prioritize improvements • Bid Preparation to include labor standards language and appropriate wage decisions • Solicitation and selection of contractors • Labor Compliance Enforcement • Verification that contractor expenses are reasonable and work has been completed properly • Approval of contractor payments • Maintenance of project file to include: o Professional services procurement o Bid document • Executed Contracts /Bid Documents • Board Minutes for Approval of Contracts or Bids • Review and Certification of Insurance Coverage /Bonding • Certified Construction Payroll Records (Davis -Bacon applicable) • Anti - discrimination, Fair Housing, EEO, ADA /504 Certifications • Procurement, Bonding, Insurance 25C -18 Exhibit A -1 Delhi Center ADA Upgrade Preliminary Improvement Evaluation List 25C -19 Location Type 1 Front Entrance Double door 2 Reception to Courtyard 2 Single doors 3 Men's Restroom Single door 4 Women's Restroom Single door 5 Computer Room Single door 6 Exercise Room Single door 7 Dance Room Single door 8 Courtyard to Ballroom Double door 9 Left Kitchen Single door 10 Right Kitchen Single door 11 Ballroom Emergency Exit Left Double door 12 Ballroom Emergency Exit Right Double door 13 Ballroom to Hallway Double door 14 Hallway to Emergency Exit Double door 15 Classroom 101 Single door 16 Classroom 102 Single door 17 Classroom 103 2 single doors 18 Clinic Door Single door 25C -19 Exhibit B Delhi Center ADA Upgrades Budget Category Budget Project Management and Labor Compliance $ 20,000 Assessment and Design Costs $ 20,000 Construction Costs $ 160,000 TOTAL $ 200,000 This is a cost reimbursement agreement. Subrecipient must submit an Invoice /Request for Reimbursement with supporting documentation to the City for payment of project expenses. Supporting documentation must include but is not limited to invoices, receipts, requisition forms, cancelled checks.... 25C -20 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debannent and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160 - 19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date EXHIBIT C Page 1 of 2 25C -21 INSTRUCTIONS FOR CERTIFICATION L By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and /or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and 'voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not lmowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and /or debarment. EXHIBIT C Page 2 of 2 25C -22 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee /Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT D Page 1 of 2 25C -23 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88 -352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development fiords shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1 -5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in constriction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 25C -24 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. EXHIBIT E Page 1 of 3 25C -25 (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Organization Authorized Signature Date EXHIBIT E Page 2 of 3 25C -26 PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT E Page 3 of 3 25C -27 25C -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE; OCTOBER 6, 2016 TITLE: AGREEMENT FOR PLAN CHECK SERVICES WITH SCOTT FAZEKAS & ASSOCIATES, INC., CSG CONSULTANTS, INC., CENTURY STRUCTURAL ENGINEERING CO., INC. AND J LEE ENGINEERING INC. (STRATEGIC PLAN NO. 3, 3) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreements with Scott Fazekas & Associates, Inc., CSG Consultants, Inc., Century Structural Engineering Co., Inc., and J Lee Engineering Inc. for plan check services in the amount of $125,000 per consultant with an aggregate amount not to exceed $500,000 for a three -year term expiring on October 6, 2018, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION For many years the Building Division met or exceeded a turnaround time of three weeks or less for over 90 percent of plan check submissions. This level of service compared favorably with surrounding municipalities and represented the generally accepted performance goal for plan review in the County. The Building Division had attained this level of service with seven in -house plan check staff, a contract plan checker at the public counter, streamlined internal processes, and outsourcing plan checking services during especially high volume months. Beginning in 2009, budget constraints resulted in the reduction of over 50 percent of in -house plan check staff as well as the cancelling of both the contract plan checker and outsourced plan check services. While these reductions negatively impacted plan check turnaround times, the impact was lessened by a concurrent reduction in plan check submittals due to the economic downturn. Building activity has continued to rebound from the economic recession and has shown steady increases in building activity since late 2010. In response to the rise in plan check submittals, the Building Division reinstituted outsourcing plan checks in December 2010 to improve plan check turnaround times as well as provide greater flexibility for applicants wishing to take advantage of accelerated plan check. 25D -1 Plan Check Service Agreements October 6, 2015 Page 2 In the accelerated plan check process, the applicant submits the plans to the City along with a request for accelerated plan check, The applicant then pays the regular plan check fee as well as an accelerated fee which is based on the City's estimated number of hours required to check the plans. The plans are then sent to the consultant with a guaranteed turnaround time of 15- working days. This process benefits the applicant by providing an option to expedite plan check for large, complicated and /or urgent projects. Sustained growth from the building industry combined with current turnaround times for regular (non - accelerated) plan check exceeding seven weeks has resulted in an increasing number of projects requesting accelerated plan check. Building activity has continued to increase this past fiscal year with many projects choosing to accelerate the plan review process. Due to the number and size of accelerated projects last year, including large projects such as 1901 East First Street and 301 Jeanette Lane, contract funds have expended quickly. It is anticipated that building activity will remain at a high level and the renewal of these contracts would allow for the expedited customer service through plan check services that the building community is requesting. The Building Safety Division released a Request for Proposals on May 14, 2014 and received proposals from five firms. Based on a review of the qualifications, experience of personnel, demonstrated ability to meet the specified turnaround times and price, staff is recommending that the City enter into agreements with four out of the five structural plan check consultants. Scott Fazekas & Associates; Inc., CSC Consultants, Inc„ Century Structural Engineering Co., Inc., and J Lee Engineering Inc. have contracted with the City for expedited plan check services in the past and were able to continually meet the City's requirements for availability of qualified engineering staff, turnaround time, iocale, and fees. Each of these firms is well -known in the structural engineering field and has experience working with municipalities for on-call plan cheek services. The recommended firms offer both full and structural only plan check services at a competitive rate of 40 percent of the plan check fee calculated by the City and will process any required plan revisions and deferred submittals on a tiered rate system ranging from $85 to $100 per hour depending on the complexity lever of the revision and plan check personnel assigned to the review. Accelerated plan check fees are paid entirely by the applicant. The increased number of available firms to send out accelerated plan checks will provide greater flexibility for the Building Safety Division to both ensure that plans are reviewed within the specified time frames; as well as route projects to firms that may specialize in a specific building type or construction method, STR61EGiC ELAN ,j ENT Approval of this item supports the City's effort 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). 25D -2 Plan Check Service Agreements October 6, 2015 Page 3 FISCAL_ IMPACT This agreement will not impact any City funds. The accelerated plan check fees that shall be paid to the City by the applicant for each project contracted out for plan check will fully fund the consultant's cost to perform the plan review. These amounts will be deposited by the applicant into the Accelerated Plan Check account (account no. 09801001 - 24045) prior to the consultant commencing any work. Hassan Haghani, AICP Executive Director Planning and Building Agency AH:rb AH:RFCA - Expedited Platt Check Services 2015— October 2015 APPROVED AS TO FUNDS AND ACCOUNTS: 1 Francisco Gutierrez Executive Director Finance and Management Services Exhibits: 1. Agreement with Scott Fazekas & Associates 2. Agreement with CSG Consultants, Inc. 3. Agreement with Century Structural Engineering Co., Inc. 4. Agreement with J Lee Engineering Inc. 25D -3 25D -4 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this _ day of October, 2015 by and between SCOTT FAZEKAS & ASSOCIATES, INC., a California corporation (hereinafter "Consultant "), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW TREREFORE, 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 structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree 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. 1'W42MI IN51 25D -5 2. COMPENSATION a. 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 $ 125,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM 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 2 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 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 perforrmance 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 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. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. 25® -6 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. (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 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: (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 scrvices 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. 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 farther agrees to exercise the same degree of care it uses to protect its own information of 25D -7 like importance, but in no event less than reasonable care. "Confidential Information"' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -5897 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 25® -8 To Consultant: Scott Fazekas & Associates, Inc. 9 Corporate Park, Suite 200 Irvine, California 92606 Telefacshnile (949) 475 -2560 A party may change its address by giving notice in writing to the other party, If sent by mail, cormnunication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the tenns 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 either 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. 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 nu11 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) clays written notice of termination. hl such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services perforned 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 25D -9 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. [Ct'�7[`Z15iC71k [I► /:�1CFi�1 Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, tbroughout 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 govenunental 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 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. 25D-10 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 City Attorney By: c .. n y--c Lisa Storcic Assistant City Attorney SCOTT FAZEKAS & ASSOCIATES, INC. SCOTT FAZEKAS President Tax ID# 25D-11 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. Detail review of 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. 1 Review the plans for compliance with California state- mandated regulations for energy conservation, disabled access and City Adopted Ordinances. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate reap (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- mai I 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. Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of constriction proposed by applicant. 25D12 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 Plan review to be complete within fifteen (1.5) 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. 25D -13 25D -14 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this _ day of October, 2015 by and between CSG CONSULTANTS, INC., a California corporation (hereinafter "Consultant "), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be perfomned 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: I. SCOPE OF SERVICES Consultant shall provide structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree 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 govennnental purposes to disclose, publish, translate, reproduce, and use such materials. EXHIBIT 2 2501-15 2. COMPENSATION a. 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 $125,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM 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 2 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. 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. 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 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. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. 25D216 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 fill 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 Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish 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: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indermiity 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, bold 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 terns of or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it rises to protect its own information of 250 -17 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 rightfi l possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -5897 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) F.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 25DA 8 To Consultant: CSG Consultants, Inc. Cyrus Kimpour, President 1700 S. Amphlett Blvd., 3`d floor San Mateo, California 94402 A party may change its address by giving notice in writing to the other party. If sent by snail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate either 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 25© -19 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. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of 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 herehibelow 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. 25DI20 IN WITNESS WHEREOF, the parties hereto have executed tliis Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager CSG CONSULTANTS, INC. CYRUS KIANPOUR, P.E., P.L.S. President Tax ID# 25D -21 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. 1, Detail review of 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. Review the plans for compliance with California state- mandated regulations for energy conservation, disabled access and City Adopted Ordinances. 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. Submittal of approved plans and all supporting documents to the City of Santa Ana. b. 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. 7. Plan review report to be customized for cacti project and be delivered via fax, mail or e- mail to City and the applicant. S. 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 frorn review. 25D -22 Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of constriction 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 Plan 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 Pee. 25® -23 25D -24 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this _ day of October, 2015 by and between CENTURY STRUCTURAL ENGINEERING CO., INC., a California corporation (hereinafter "Consultant "), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. hi 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 fiom a professional consulting firm in the field. 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: 1. SCOPE OF SERVICES Consultant shall provide structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree 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. EXHIBIT 3 25D -25 COMPENSATION a. 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 the Agreement shall not exceed $125,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM 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 2 above, unless terminated earlier in accordance with provisions, below. The tern of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. 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. 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 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. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. 25D-26 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. (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 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: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns 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. CONFIDENTIALITY I£ 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 25® -27 like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not oriy written information, but also information transferred orally, visually, electronically, or by other means. Confidential infornation disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacshmile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -5897 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 25D-28 To Consultant: Century Structural Engineering Co., Inc. Ed Chung, Principal 24719 Narbonne Avenue Lomita, California 90717 Telefacsimile (310) 539 -7678 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terns 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 purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate either 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 25D -29 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 hr such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate, b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City hilly, 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 firlly set forth in the body of this Agreement. 25D-30 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By , a ✓� Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager CENTURYSTRUCTURAL ENGINEERING CO., INC. GARY K. CHANG President Tax ID# 25® -31 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 fature. 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 Serviees Consultant shall perform the following services for each assigned building plan review, 1. Detail review of the mechanical, plumbing, electrical and building (architectural /structural) plans. Review supporting documents for indushial, 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. 1 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 wifliout additional charge for recheck. S. 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. 7. Plan review report to be customized for each project and be delivered via fax, mail or e- mail to City and the applicant. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Engineer. 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 25D-32 to the Building Official and his staff to help answer Code questions arising from review. 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 Plan review to be complete within fifteen (1 S) 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 Plaits Exarniner 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, 25® -33 25D -34 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this _ day of October, 2015 by and between J LEE ENGINEERING INC., a California corporation (hereinafter "Consultant "), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services perforned 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 prornises, and subject to the tenns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide structural plan check services on request of the Executive Director of the Plamring and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not fi nited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree 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. 25D -35 2. COMPENSATION a. 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 carder the Agreement shall not exceed $125,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate thrce (3) years from said commencement date or upon the depletion of the maximum contract amount as stated in Section 2 above, unless tcrminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a mariner 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 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. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. r l� 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. (ii) Certificates of insurance shall be finnished 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 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: (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 terns of or effects arising from this Agreement. This indermrity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City; regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY I£ 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 25© -37 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 rightfal possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O, Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -5897 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 r To Consultant: J Lee Engineering Inc. Jae Lee, President 430 S. Garfield Avenue, Suite 301 Alhambra, California 91801 Telefacsimile (626) 284 -8907 A party may change its address by giving notice in writing to the other party. If sent by mail, commnmication shall be effective or deemed to have been given tluee (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 propose: 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 either 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. I1. 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 assignnent, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 25D -39 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, b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 11000511F`I19lilktfir`E 610 Consultant shall not discriminate' because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City filly, 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. 25D -40 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 Lisa Storck Assistant City Attorney CITY OF SANTA APIA DAVID CAVAZOS City Manager J LEE ENGINEERING, INC. JAE LEE, PE, CPE, GASP President Tax ID# 25© -41 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. Detail review of 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. 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. Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 25D-42 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 Plan 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. 25® -43 25D -44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: As Recommended ® As Amended ® Ordinance on 1" Reading El Ordinance on 2 " Reading Implementing Resclutlon ® Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the Municipal Water District of (Orange County, subject to nonsubstantive changes approved by the City Manager and City Attorney, for the preparation of the 2015 Urban Water Management Plan in an amount not to exceed $40,000. The City of Santa Ana is classified as an urban water supplier and is required by the Urban Water Management Planning Act (Act) to update and submit an Urban Water Management Plan (UWMP) to the Department of Water Resources every five years, The Act requires water suppliers to describe and evaluate sources of water supply, efficient uses of water, demand management measures, implementation strategy and schedule, and other relevant information and programs. The City's 2015 UWMP must be submitted to the State by July 1, 2016, Approval of this recommended action will allow the City to participate in a cost - sharing agreement (Exhibit 1) with the Municipal Water District of Orange County ( MWDOC) and other Orange County municipal water purveyors to retain a consultant for the preparation of the 2015 UWMPs. As the regional entity representing cities and water districts throughout the county, MWDOC has acted as the lead agency in coordinating previous efforts in preparing these reports. The City's 2010 UWMP was prepared through a similar cost - sharing agreement, which proved to be efficient and mutually beneficial. With input from the participating agencies, MWDOC has completed a competitive bidding process and selected Arcadis, a highly qualified consultant, to prepare the 2015 UWMPs. The associated cost allowance of $698,266 has been distributed among the cities and water districts based on service area size and complexity of the respective water systems, Santa Ana's share is estimated to be $36,050. Staff recommends entering into a cost - sharing agreement with 25E -1 Agreement for Sharing Consultant Costs for 2015 Urban Water Management Plan (Non - General Fund) October 6, 2015 Page 2 MWDOC for preparation of the City's 2015 UWMP in an amount not to exceed $40,000, which includes a $3,950 contingency to cover unexpected, related extra costs. 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 Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $40,000 are available in the Fiscal Year 2015 -16 Budget in the Water Administration and Engineering account (06017645- 62300). Public Works Agency FM /NS /RR Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -2 Cost Sharing Agreement for 2015 UWMP — Final 8 -31.15 AGREEMENT FOR SHARING CONSULTANT COSTS FOR 2015 URBAN WATER MANAGEMENT PLANS THIS AGREEMENT is made and entered into as of 2015, by and between: 1. MWDOC 2. City of Buena Park 3. City of Fullerton 4. City of Garden Grove 5. City of La Palma 6. City of Orange 7. City of Seal Beach 8. City of Tustin 9. City of Westminster 10. Yorba Linda Water District 11. East Orange County Water District 12. City of Anaheim 13. City of Fountain Valley 14. City of Newport Beach 15. City of Santa Ana 16. City of Huntington Beach 17, Mesa Water District 18. City of San Clemente 19. El Toro Water District 20. South Coast Water District 21. City of San Juan Capistrano 22. Trabuco Canyon Water District 23. City of Brea 24. City of La Habra (collectively "Participating Agencies" and individually "Participating Agency ") and the Municipal Water District of Orange County ( "MWDOC "). The Participating Agencies and MWDOC are also collectively referred to as "Parties." RECITALS WHEREAS, under California Water Code section 10621, subdivision (a), the Participating Agencies are required to update their respective Urban Water Management Plan ( "UWMP ") at least once every five years; and WHEREAS, the 2015 UWMP's shall be updated and submitted to the California Department of Water Resources (DWR) by July 1, 2016; and WHEREAS, each Participating Agency has the responsibility to prepare a separate 2015 UWMP for submission by July 1, 2016; and Exhibit 1 28057.00001 \12361107.1 AE-3 Cost Sharing Agreement for 2015 UWMP —Final 7 -29 -15 WHEREAS, the Participating Agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and WHEREAS, pursuant to California Water Code section 10620, subdivision (d)(2), the Participating Agencies wish to coordinate the preparation of their 2015 UWMPs in the interest of reducing preparation costs; and WHEREAS, the Participating Agencies and MWDOC desire to cooperate with each other to obtain economies of scale and thereby reduce preparation costs for each of the Participating Agencies; and WHEREAS, MWDOC and the Participating Agencies have jointly prepared and agreed to a Scope of Work that was incorporated into a Request for Proposals that was sent to a number of competent Consulting Firms, two of which submitted proposals which were reviewed by a working group of MWDOC and several representatives from the Participating Agencies who recommended selection of Arcadis ( "Arcadis" or "Consultant ") as the successful consultant to prepare Urban Water Management Plans for the Participating Agencies; and WHEREAS, MWDOC and its staff are willing to coordinate this process, including the preparation and administration of a professional services agreement with the selected consultant; and the administration of the cost sharing provisions of this Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed: 1. Engagement of Consultant and Administration of Consultant Agreement MWDOC shall award a professional services agreement for the work identified in the Request for Proposals to Arcadis ( "Consultant Agreement "). MWDOC shall use its standard professional services agreement form for the Consultant Agreement and require appropriate types and limits of insurance coverage. Each CGL policy shall identify MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers as additional insureds, or be endorsed to identify these parties as additional insureds using a form acceptable to MWDOC. The Consultant Agreement will require the consultant's insurer(s) to waive all rights of subrogation against MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers. The Consultant Agreement will require consultant to ensure that its sub - consultants, if any, provide similar insurance coverage. 28057.00001 \12301107,1 25E-4 Cost Sharing Agreement for 2415 UWMP —Final 7 -29 -15 1.2 MWDOC shall coordinate all aspects of the proposed work with the selected contractor and communicate with each Participating Agency, regularly and upon request of the Participating Agency, regarding the status and substance of its 2015 UWMP; 1.3 MWDOC shall make payments to the Consultant for progress payments as work proceeds. MWDOC shall withhold 10% of each progress payment to Consultant in a retention fund until such time as every Participating Agency has notified MWDOC that it is satisfied with the final UWMP prepared for it by Consultant. 1.4 Each Participating Agency shall provide all documents, information and assistance requested by the selected contractor during the performance of the Consultant Agreement. 2. Cost Sharinq by Participatinq Agencies. 2.1 MWDOC shall: 2.1.1 Collect from each Participating Agency upon execution of this Agreement the full amount of the portion of the total cost allocated to that Participating Agency in the selected contractor's proposal, as attached in Exhibit A; 2.1.2 Inform each Participating Agency of any proposed extra work under the Consultant Agreement that relates to preparation of that Participating Agency's 2015 UWMP and that would result In an increase in that Participating Agency's payment under this Agreement. MWDOC and the affected Participating Agency must both approve such extra work before MWDOC will notify Consultant to proceed with the work. 2.1.3 Be responsible for making progress payments directly to Consultant from funds paid to MWDOC by Participating Agencies (see section 1.3). 2.1.4 Prepare a final accounting and either distribute any remaining funds collected from the Participating Agencies back to the Participating Agencies or issue a final bill to Participating Agencies where there are funds due. 2.2 Each Participating Agency shall: 2.2.1 Pay to MWDOC upon execution of this Agreement the full amount of the portion of the total cost allocated to that Participating Agency in the selected contractor's proposal, as attached in Attachment A; 28057.00001 \12361107.1 2 5JE -5 Cost Sharing Agreement for 2015 UWMP —Final 7 -29 -15 2,2.2 Pay to MWDOC, upon approval of any extra work under the Consultant Agreement that relates to preparation of its 2015 UWMP, the full amount owed for the approved work. Each Participating Agency shall bear all costs associated with extra work it approves. 3. Accounting Upon request of any Participating Agency, MWDOC will provide copies of the selected Consultant's invoices and MWDOC's payment records. 4. Independent Contractor Any consultant engaged by MWDOC on behalf of the Participating Agencies as contemplated in this Agreement will not be a party to this Agreement and will not be an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or as a result of a professional services agreement between MWDOC and the consultant. Any consultant engaged as contemplated in this Agreement will be an independent contractor to MWDOC. 5. Warranty and Indemnification MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agencies as to the quality or timeliness of work product provided by the selected contractor pursuant to the Consultant Agreement. The Participating Agencies, and each of them, shall indemnify MWDOC, its directors, officers, employees and agents against, and will hold and save them harmless from, any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with the 2015 UWMPs prepared pursuant to the Consultant Agreement, As between the Participating Agencies, any costs associated with the indemnity and defense obligations set forth in the previous two sentences shall be the financial responsibility of each Participating Agency based on the same pro rata basis as the allocation of costs set forth in Section 2.1.1 herein and Exhibit A hereto. In the event MWDOC, its directors, officers, employees and agents are made a party to any action or proceeding filed in connection with a challenge to any 2015 UWMP prepared pursuant to the Consultant Agreement, the Participating Agency whose 2015 UWMP is challenged shall provide a complete defense to MWDOC, its directors, officers, employees and agents and shall reimburse MWDOC for all costs and expenses incurred as a result of the action or proceeding, including reasonable attorney's fees. 28057.00001 \12361107.1 25E-6 Cost Sharing Agreement for 2015 UWMP —Final 7.29 -15 6. Notice Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid, with the United States Postal Service addressed to the contracting Parties as follows: 28057.00001 \12361107.1 25g-7 Notices to Parties If to: 1. MWDOC Robert J. Hunter, General Manager Municipal Water District of Orange County 18700 Ward St. P.O. Box 20895 Fountain Valley, CA 92728 2. City of Buena Park James B. Vanderpool, City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA 90622 3. City of Fullerton David Schickling, Deputy Director of Public Works City of Fullerton 303 W. Commonwealth Avenue Fullerton, CA 92832 -1775 4. City of Garden Grove Scott Stiles, City Manager City of Garden Grove P.O, Box 3070 Garden Grove, CA 92842 5. City of La Palma Ellen Volmert, City Manager City of La Palma 7822 Walker Street La Palma, CA 90623 6. City of Orange John Sibley, City Manager City of Orange P.O. Box 449 Orange, CA 92866 7. City of Seal Beach Jill R. Ingram, City Manager City of Seal Beach 211 8`h Street Seal Beach, CA 90740 8. City of Tustin Jeffrey Parker, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 9. Yorba Linda Water District Marc Marcantonio, General Manager Yorba Linda Water District 1717 E. Miraloma _ Placentia, CA 92870 28057.00001 \12361107.1 25g-7 Cost Sharing Agreement for 2015 UWMP — Final 7.29.15 10. City of Westminster Eddie Manfro, City Manager City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 11. East Orange County Water Lisa Ohlund, General Manager District East Orange County Water District 185 N. McPherson Rd. Oran e, CA 92869 12. City of Anaheim Paul Emery, City Manager City of Anaheim City Hall East, 200 S. Anaheim Blvd. Anaheim, CA 92805 13. City of Fountain Valley Bob Hall, City Manager City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 14. City of Newport Beach Dave Kiff, City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 15. City of Santa Ana David Cavazos, City Manager City of Santa Ana P.O. Box 1988, M -24 Santa Ana, CA 92702 16, City of Huntington Beach Brian Ragland, Utilities Manager City of Huntington Beach 19001 Huntington Street Huntington Beach, CA 92648 -2211 17. Mesa Water District Paul Shoenberger, General Manager Mesa Water District 1965 Placentia Avenue Costa Mesa, CA 92627 -3420 18. City of San Clemente James Makshanoff, City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 19. El Toro Water District Robert Hill, General Manager El Toro Water District P.O. Box 4000 Laguna Hills, CA 92654 28087.00001 \12361107.1 25E-8 Cost Sharing Agreement for 2015 UWMP —final 7.29.15 20. South Coast Water District Andrew Brunhart, General Manager South Coast Water District 31592 West Street Laguna Beach, CA 92651 21. City of San Juan Capistrano Karen Brust, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 22. Trabuco Canyon Water Hector Ruiz, General Manager District Trabuco Canyon Water District 32003 Dove Canyon Drive Trabuco Canyon, CA 92679 23. City of Brea Bill Gallardo, City Manager City of Brea 1 Civic Center Circle Brea, CA 92821 24. City of La Habra Jim Sadro, City Manager City of La Habra P.O. Box 337 La Habra, CA 90633,0337 7. Jurisdiction and Venue In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California, 8. Counterparts and Facsimile This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All parties have participated in the drafting of this Agreement. 9. Severability If any provision of this Agreement shall be held'illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. 28057.00001 \12361107.1 2 �E —9 Cost Sharing Agreement for 2015 UWMP —Final 7.29.15 10. Entire Agreement This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties. IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of This Agreement. 28057.00001 \12361107.1 25E-1 0 Cost Sharing Agreement for 2015 UWMP —Final 8.3115 Execution of Agreement by Parties 1. MWDOC Date By: Robert J, Hunter, General Manager Municipal Water District of Orange County Approved as to Form: Date By: Joseph Byrne General Counsel 2. City of Buena Date Park By: James B. Vanderpool, City Manager City of Buena Park Approved as to Form: Date By: City Attorney 3. City of Fullerton Date By: David Schickling, Deputy Director of Public Works City of Fullerton Approved as to Form: Date By: City Attorney 28057.00001112361107.1 28E-1 1 Cost Sharing Agreement for 2015 UWMP — Final 7 -29 -15 4. City of Garden Grove Date By: Scott Stiles, City Manager City of Garden Grove Approved as to Form: Date By: City Attorney 5. City of Huntington Beach Date By: Fred Wilson, City Manager City of Huntington Beach Approved as to Form: Date By: Michael Gates City Attorney 6. City of La Palma Date By: Ellen Volmert, City Manager City of La Palma Approved as to Form: Date By: City Attorney 28067.00001 \12361107.1 25&12 Cost Sharing Agreement for 2015 UWMP — Final 7 -29 -15 7. City of Orange Date By: John Sibley, City Manager City of Orange Approved as to Form: Date By: Dave DeBerry City Attorney 8. City of Westminster Date By: Eddie Manfro, City Manager City of Westminster Approved as to Form: Date By: Richard Jones City Attorney 9. City of Sea] Beach Date By: Jill R. Ingram, City Manager City of Seal Beach Approved as to Form: Date By: City Attorney 28057.00001 \12361107.1 25g-1 3 Cost Sharing Agreement for 2015 UWMP — Final 7 -29 -15 10, City of Tustin Date By: Jeffrey Parker, City Manager City of Tustin Approved as to Form: Date By: City Attorney 11. City of Anaheim Date By: Paul Emery, City Manager City of Anaheim Approved as to Form: Date By: Daniel A. Ballin, Deputy City Attorney 12, Yorba Linda Water District Date By: Marc Marcantonio, General Manager Yorba Linda Water District Approved as to Form: Date By: General Counsel Arthur Kidman 28057.00001 \12361107.1 25E±14 Cast Sharing Agreement for 2015 UWMP — Final 7.29 -15 13. East Orange County Water Date District By: Lisa Ohlund, General Manager East Orange County Water District Approved as to Form: Date By: General Counsel Joan Arneson 14. City of Fountain Valley Date By: Bob Hall, City Manager City of Fountain Valley Approved as to Form: Date By: City Attorney 15. City of Newport Beach Date By: Dave ICiff, City Manager City of Newport Beach Approved as to Form: Date By: City Attorney 28057.00001 \12361107.1 2 5 �- l 5 Cost Sharing Agreement for 2015 UWMP —Final 7 -29 -15 16. City of Santa Ana Date By: David Cavazos, City Manager City of Santa Ana Approved as to Form: Date September 2, 2015 By: Jae Sandoval Chief Assistant City Attorney 17. Mesa Water Date District By: Paul Shoenberger, General Manager Mesa Water District Approved as to Form: Date _ v By: Robert Anslow General Counsel 18. City of San T Clemente Date By: James Makshanoff, City Manager City of San Clemente Approved as to Form: Date By: City Attorney 26057.00001 \12361107.1 2 5 Ea 16 Cost Sharing Agreement for 2015 UWMP — Final 7.29 -15 19, El Toro Water District Date By: Robert Hill, General Manager El Toro Water District Approved as to Form: Date By: Gil Granito General Counsel 20. South Coast Water District Date By: Andrew Brunhart, General Manager South Coast Water District Approved as to Form: Date By: Art Kidman General Counsel 21. City of San Juan Date Capistrano By: Karen Brust, City Manager City of San Juan Capistrano Approved as to Form: Date By: City Attorney 28057.00001\12361101.1 258-1 ■ Cost Sharing Agreement for 2015 UWMP —Final 7.29.15 22. City of Brea Date By: Bill Gallardo, City Manager City of Brea Approved as to Form: Date By: City Attorney 23. City of La Habra Date By: Jim Sadro, City Manager City of La Habra Approved as to Form: Date By: City Attorney 24. Trabuco Canyon Water District Date By: Hector Ruiz, General Manager Trabuco Canyon Water District Approved as to Form: Date By: Bowie, Arneson, Wiles and Giannone General Counsel 28057.00001 \12381107.1 2 5 Eer 18 r a m N O O 4 O M1 N O W N 25E -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 3� RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't 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 agreement with IDModeling Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide computer water modeling services for a three -year period expiring October 8, 2018, in an amount not to exceed $150,000 annually, for a total not to exceed amount of $450,000. Approval of this recommended action will allow for the continued evaluation and analysis of the City's water system for reliability, system hydraulic operations, and future development - driven needs. The City's Water Enterprise provides water to all of Santa Ana's residents and businesses, and it is imperative that water system management activities incorporate industry best practices. One of these vital best practices is to create and sustain a water system hydraulic computer model that utilizes technology to assist in the optimization of daily operations. This model will additionally identify hydraulically deficient areas where the water system would benefit from future capital improvements. On February 113, 2014, at the conclusion of a Request for Proposal (RFP) process, City Council awarded an agreement for the preparation of a comprehensive computerized water system model. IDModeling, Inc., the successful proposer, is a leading expert in the field of water modeling and has a proven record of successful water system computer modeling services nationwide. The RFP Scope of Work was to proceed in phases and included the creation of a comprehensive computerized water model, performing various analyses and water system evaluations, as well as sustaining the model over time. The initial agreement awarded by Council provided for the first phase, the creation and calibration of a water model along with some preliminary analysis. At the conclusion of the initial agreement staff would analyze the consultant's performance on the initial model- creation phase prior to proceeding with additional services and agreement terms. 25F -1 Agreement with IDModeling, Inc., for Computer Water Modeling Services October 6, 2015 Page 2 Staff recommends entering into an agreement with IDModeling, Inc., to proceed with the remaining phases of water system evaluations and related modeling services. Through this agreement IDModeling will be performing a range of hydraulic model evaluations and related services including a City -wide water quality testing and source trace analysis, power outage analysis, pressure zone analysis, energy management optimization, water master plan coordination and CIP validation, development of a uni- directional flushing program and additional development driven water system model evaluations. IDModeling, Inc., has performed exceptionally well, has delivered a comprehensive water model, and continues to meet all of the City's requirements. Through the initial agreement phase, the consultant has acquired and demonstrated a unique knowledge of the City's water system. Retaining their services for the remaining phases of work would maximize the City's return on investment in the initial phase. Additionally, IDModeling, Inc., has recently worked with the Cities of Indio, Lakewood, Arcadia, and Anaheim, successfully constructing water system computer models and providing updates to existing models. 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 IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $150,000 are budgeted in the Water Administration and Engineering account (06017645- 62300) for expenditure in FY 2015 -16. Annual allocations of $150,000 will also be budgeted in FY 2016 -17 and FY 2017 -18. Public Works Agency FMMS /RR Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez f Executive Director Finance & Management Services Agency 25F -2 CONSULTANT AGREEMENT THIS AGREEMENT, is made and entered into this 6`" day of October 2015 by and between IDModeling, Inc., a Delaware corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of water system computer modeling services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. Consultant is currently providing evaluation and analysis of the City's water system for reliability, system hydraulic operations, and future development. The City desires to continue these services with Consultant. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follow: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A attached hereto and incorporated by reference to this Agreement. 2. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data Pagel of 8 Exhibit 1. 25F -3 which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any tune, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Nothing herein shall grant City rights in or to the Sedaru software. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A, attached hereto and incorporated by reference. The total sum to be expended by City under this Agreement shall not exceed $150,000.00 annually 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 the City's 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 the City. 4. TERM This Agreement shall commence on October 6, 2015 and terminate on October 8, 2018, unless terminated earlier in accordance with Section 14, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create 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 Page 2 of 8 25F -4 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 $2,000,000 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. b. Worker's Compensation Insurance. In accordance with California State law, 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. 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 with $2,000,000 in the aggregate. 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. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (ii) 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 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, defend and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf Page 3 of 8 25F -5 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, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Consultant. 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. City may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will Consultant be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. 8. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 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; (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. Page 4 of 8 25F -6 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 courtesy copy: Executive Director of Public Works City of Santa Ana Attn: Design Engineering 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -5635 To Consultant: IDModeling, Inc. 55 E. Huntington Drive, Suite 130 Arcadia, CA 91005 Fax 626 - 244 -0702 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. Page 5 of 8 25F -7 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the 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. 15. 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, tennination or other employment related activities or in connection with any Page 6 of 8 25F -8 activities under this Agreement. 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. The 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 herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council Page 7 of 8 25F -9 DAVID CAVAZOS City Manager SONIA R. CARVALHO City Attorney By: fO SANDOVAL C ' f Assistant City Attorney RECOMMENDED FOR APPROVAL: IDMODELING, INC. FRED MOUSAVIPOUR By: Executive Director Title: Public Works Agency Page 8 of 8 25F -10 C,IDMODELINGM We can be more, together August 13, 2015 Mr. Rudy Rosas, P.E. Senior Civil Engineer City of Santa Ana 220 S. Daisy Ave. M -85 Santa Ana, CA 92703 55 BastMuntingt0iI Drive. so Ito 130, Arcadia. CA 91006 www.Idmodeling.corri "r6262440700 1 626 244 0762 EInfo @IdIoodeling.com Subject: Proposal to Provide Water System Computer Model Solutions for Fiscal Years: 2015 -18 Dear Mr. Rosas, IDModeling, Inc. (IDM) is pleased to submit this proposal to the City of Santa Ana (City) to provide follow -on water system computer model solutions for fiscal years (FY) 2015 -18, based on the calibrated all -pipes water model delivered by IDM as part of the Water System Computer Modeling Project, completed in August 2015. This proposal includes 6 primary tasks that serve to support the City's future water system analysis, master planning, and operational efforts to maximize resources and make the most impactful decisions possible with available resources and data. The following tasks will be performed within the scope and term of this project: Task l — Hydraulic Model Evaluations and Support (FY 2015 -16) Under this task IDM will perform the following model evaluations for City staff. 1. City -wide Water Quality Testing and Source Trace Analysis: Perform a multi- source trace analysis under two demand conditions (high demand & low demand) to determine the influence on a particular location from various supply sources. Results tables and figures will be developed to display the results of the source trace analysis and assist the City with gaining approval from CDPH for use of the model to reduce the number of water quality samples when positive results are encountered. 2. Fuller Site Analysis: Analyze the benefits of two new groundwater wells or one well /reservoir /pump station combination at the Fuller Site which is a vacant parcel across from the Santa Ana train station. A brief summary technical memorandum will be developed detailing the model results with associated results tables and figures and recommendations for improvements at the Fuller site. 3. John Garthe to Walnut Station Transmission Main Analysis: Analyze the need /impact of a new transmission main from John Garthe Station to Walnut Station and assess the benefits of being able to move a large quantity of water from Garthe to Walnut under two (2) different operating conditions. A brief summary technical memorandum will be developed detailing the model results with associated results tables and figures and recommendations for improvements. 4. EOCWD Water Purchase Analysis; Analyze the ability /benefits to purchasing water from the East Orange County Water District and the impacts to system operations under two (2) different operating conditions. A brief summary technical memorandum will be developed 25F -11 Mr. Rudy Rasas Page 2 August 13, 2015 detailing the model results with associated results tables and figures and recommendations for improvements. S. Pressure Zone Analysis: Analyze the feasibility and benefit of dividing the City's low pressure zone into two separate zones. This will essentially split the City into 3 zones Instead of the existing 2. A brief summary technical memorandum will be developed detailing the model results with associated results tables and figures and recommendations for improvements. 6. Power Outage Analysis: Analyze system resiliency and impacts in the event of a full and prolonged power outage. This analysis will include all groundwater well and booster pump stations off, with only MWD import connections on. A brief summary technical memorandum will be developed detailing the model results with associated results tables and figures and recommendations for improvements. 7. As- Needed Support: IDM will provide support to City staff for GIS, hydraulic modeling, analysis, planning, application development, and training services on an as- needed basis and may include, but are not limited to the following: • Services including but not limited to: Energy management, Operational Planning, Water Quality, CIP Prioritization, Asset Management, Criticality, etc. • Hydraulic model construction and updates • Software and application, implementation and Integration • GIS Application Development re: data collection, model /GIS communications, flushing, water quality, energy management, vulnerability, CIP prioritization, etc. • Systems integrations including GIS, CMMS, Asset Management,SCADA, etc. • Model calibration for Master Planning, Energy Management, Water Quality, System Vulnerability, Fire flows, Operational Planning • Development of future scenarios (pump upgrading, tank replacement, etc.), • Standardized and Customized Training Task1— Sedaru Smart CIP Software & Implementation (FY2015 -16) IDM will deliver Sedaru Smart CIP to the City to support the City's future Water Master Plan effort, and subsequent City water system planning efforts. The deliverable will consist of a dynamic capital planning tool that leverages Sedaru (and Sedaru integrated) data to produce capital planning project recommendations. Sedaru Smart CIP will allow the City to consistently prioritize capital projects as operations, budgets, input data, and decision making parameters change over time. The following tasks will be performed to successfully deliver the Smart GIP software: 1. Master Plan Consultant Coordination and CIP "Validation ": IDM will work with the City and the City's engineering consultant to configure Sedaru Smart CIP to match an agreed upon prioritization methodology and set of decision criteria. The engineering consultant will deliver a list of near -term and future replacement projects, as developed with the City and applying engineering judgment. IDM will then validate the Sedaru Smart CIP planning tool against this list of projects, and perform a comparison of software output with a representative set of CIP projects from the engineering consultant and the City, with the goal of maintaining a balance between automating the CIP development process. IDM will provide the City's engineering consultant with a GIS database schema to exchange master plan project data with Sedaru. 25F -12 Mr. Rudy Rosas Page 3 August 13, 2015 Once validated, Sedaru Smart. CIP will leverage the City's all -pipes water model, with the latest asset condition and performance data from the City's O&M information systems, with key decision making criteria across distribution system assets, to deliver a repeatable, automated list of prioritized replacement projects. The City can revisit the priority of a project, as- needed, with the confidence that the latest data and decision making parameters are being used. It is estimated that the future cost and effort of water master planning will be reduced significantly with the Sedaru Smart CIP, while metrics to justify projects and return on capital investments will Increase the same. 2. Configure Likelihood of Failure: Configure the likelihood of failure for each facility based on asset performance - Includes history of existing pipes (age, material, no. of breaks), hydrants, valves, etc. 3. Configure Consequence of Failure: Configure the consequence of failure including pipeline criticality, impact on critical customers (hospitals, nursing homes, etc.), number of customers affected, hydrant flows, and system pressures. 4. Configure Constructability: Configure the constructability of each recommended system improvement considering paving schedule coordination, traffic impact, easements, railroad or ditch crossings, etc. S. Configure Capital Action plan: Configure City's capital action plan for water master plan support, using weighted /prioritized likelihood of failure, consequence of failure, and constructability criteria to generate a dynamic CIP list. 6. Integration: IDM will integrate the Smart CIP software with Santa Ana's existing systems including the City's current Sedaru Command Center, mobile data collection applications, hydraulic model, and GIS database. 7. Training & Software: A workshop will be scheduled upon Implementing Sedaru Smart CIP to train City staff on utilizing the software to Its full capabilities. Software will be rolled out to up to 10 City staff, applied for City water master planning, and ongoing staff planning to use the latest set of asset and operational data to make the best possible decision each time system status changes. Recurring annual costs for software support and maintenance of Sedaru Smart CIP is $25,000, This includes costs to support up to 10 City users and stakeholders of the system input and output, operating costs to maintain data and system integrations, and ongoing periodic updating of parameters to support latest planning criteria and methodology. Task 3 — Hydraulic Model Evaluations and Support (FY 2016 -17) IDM will provide support to City staff for GIS, hydraulic modeling, analysis, planning, application development, and training services on an as- needed basis and may Include but are not limited to the following: • Services including but not limited to: Energy management, Operational Planning, Water Quality, CIP Prioritization, Asset Management, Criticality, etc. • Hydraulic model construction and updates • Software and application, implementation and integration • GIS Application Development re: data collection, model /GIS communications, flushing, water quality, energy management, vulnerability, CIP prioritization, etc. • Systems Integrations including GIS, CMMS, Asset Management, SCADA, etc. 25F -13 Mr. Rudy Rosas Page 4 August 13, 2015 • Model calibration for Master Planning, Energy Management, Water Quality, System Vulnerability, Fire flows, Operational Planning • Development of future scenarios (pump upgrading, tank replacement, etc.), • Standardized and Customized Training Task 4 — Sedaru Smart Ops Software & Implementation (FY2016 -17) The City operates a pressurized water system, with limited gravity storage facilities, and a combination of variable frequency drive and solid state pumps. This hydraulic profile Induces frequent in- fighting between pumps and pump controls, causing pumps to over -cycle and over - pump, which results in high operational costs associated with pumping energy. The City would like to increase its operational awareness, and understanding of how better to manage pump operations to reduce pump energy costs. 1. Program Operational Schema: IDM will work with the City to understand City operator's current operating strategies, as well as the equipment, SCADA logic, set points, and typical operating conditions associated with the City's system, wells and pumping plants. 2. Update Computer Modeling with Automations: IDM will utilize the hydraulic computer model delivered in the Water System Computer Modeling project to add functionality to the system, which may Include: real -time hydraulic modeling, monitoring of existing water system facilities, automating alerts and notifications associated with predefined system demand and /or operating thresholds which may be associated with inefficient pumping or high energy costs, and providing pumping recommendations to water system operators which may serve to balance, reduce, or dampen system operations associated with water pumps over - cycling, over - pumping, or operating at inefficient points on theirsystem curves. 3. Develop Automated Operator Recommendations: Recommendations will be automated in accordance to criteria developed with City operators and engineering staff to consider best operating practices, required customer service levels, and methods of operation to maintain water quality standards. Parameters will include pump operating costs, efficiencies, varying levels of water demand, including but not limited to maximum demand, minimum demand, conservation demand, and other operational conditions. Benefits: IDM estimates conservatively, that the City will experience 10 -20% reduction in pump energy expenses after the deployment of this energy reduction technology, Recurring annual costs for software support and maintenance of Sedaru Smart Ops is $25,000, This includes costs to support up to 10 City users (engineers, operators, and management), and stakeholders of the system input and output, operating costs to maintain data and system integrations, and ongoing periodic updating of parameters to support latest operational criteria, system and facility costs to operate, efficiencies, and operating methodology. Task 5— Hydraulic Model Evaluations and Support (FY 2017 -18) IDM will provide support to City staff for GIS, hydraulic modeling, analysis, planning, application development, and training services on an as- needed basis and may include but are not limited to the following: • Services including but not limited to: Energy management, Operational Planning, Water Quality, CIP Prioritization, Asset Management, Criticality, etc. • Hydraulic model construction and updates • Software and application, implementation and integration 25F -14 Mr. Rudy Roses Page 5 August 13, 2015 • GIS Application Development re: data collection, model /GIS communications, flushing, water quality, energy management, vulnerability, CIP prioritization, etc. • Systems integrations Including GIS, CMMS, Asset Management, SCADA, etc. • Model calibration for Master Planning, Energy Management, Water Quality, System Vulnerability, Fire flows, Operational Planning • Development of future scenarios (pump upgrading, tank replacement, etc.), • Standardized and Customized Training Task 6— Sedaru Smart Quality Software & Implementation (FY2017.18) The City Fire Department currently tests and flows fire hydrants within the City limits utilizing either fire department staff or an outside contractor. These flowing these hydrants are conducted on an as- needed basis, with anywhere from 16 to 44 hydrant tests conducted in a year. The City currently does not have flushing program for water quality purposes. Flushing is a critical maintenance activity that allows the water system to purge older, less - circulated water out of the system, in -place of newer, fresher, higher quality water for potable delivery. Developing flushing routes for maintenance crews will help maintain the quality of water within the distribution system. 1, Program Uni- directional Flushing Criteria: IDM will work with the City to understand City operator's current flushing and water quality strategies, as well as the typical areas of lesser quality, system parameters that may impact quality and good /poor locations to flush, and recommended flushing outlets (storm drain catch basins, sewer manholes, etc.). 2. Update Sedaru Smart Quality with Flushing- specific Automations: Uni - directional flushing sequences will be automated based on results and output from the City's hydraulic computer model, GIS, and CMMS, including customer complaints, history of water quality samples and asset maintenance to optimize flushing sequences and maximize the benefits of flushing for water quality and customer service, while minimizing stress to the system, and water lost during flushing events. 3. Develop Automated Flushing Recommendations: Recommended sequences from the uni- directional flushing program will be mobile, map- driven, and Interactive with real -time, departmental communication to enable support and response to flushing tasks, and potential impacts to customers. Flushing sequences will be issued with routing applied to optimize field crew drive -time and traffic impacts. Benefits: This real -time, automated Uni - directional Flushing Program will enable the City to sustain acceptable levels of water quality, while maximizing staffing resources and minimizing water loss and stress to the system to avoid pipe breaks, leakage, and customer complaints. This solution will enable the City to utilize its own resources and /or deploy City fire department resources to perform flushing within a transparent, connected, and monitored environment to avoid surprises and be prepared for operational response. Recurring annual costs for software support and maintenance of Sedaru Smart Quality Is $20,000. This includes costs to support up to 8 City users, and stakeholders of the system input and output, operating costs to maintain data and system integrations, and ongoing periodic updating of parameters to support latest water quality and flushing criteria and methodology. 25F -15 Mr, Rudy Rosas Page 6 August 13, 2015 Proposed Budget and Term: Budget Year 1(2015 -16): The estimated not -to- exceed fee is summarized by main task below: Task 1— Hydraulic Model Evaluations & Support $75,000.00 Task 2— Sedaru Smart CIP Software & Implementation $75,000.00 TOTAL 20.15 -16 $150,000.00 Budget Year 2 (2016 -17): The estimated not -to- exceed fee is summarized by main task below: Task 1— Hydraulic Model Evaluations & Support $100,000m Task 2— Sedaru Smart Ops Software & Implementation $50,000.00 TOTAL 2016 -17 $150,000.00 Budget Year 3 (2017 -18): The estimated not -to- exceed fee is summarized by main task below: Task 1— Hydraulic Model Evaluations & Support $100,000.00 Task 2— Sedaru Smart Quality Software & Implementation 550,000.00 TOTAL 2017 -18 $150,000.00 Thank you for considering IDModeling. We look forward to continuing our relationship with City staff. Please feel free to contact me at (626) 244 -0700 with any questions you may have. Sincerely, Paul Hauffen Principal IDModeling, Inc. 25F -16 Exhibit A City of Santa Ana Water System Computer Model Solutions Labor Hours & Budget Estimate �CIDMODELING We can be more, together. 25F -17 co a op U ti C a 0 Task Project Task or Subtask Description d m a° ' A J `m d w 0 v. City -wide Water Quality Testing and Source Trace Analysis: - Perform multi- source trace analysis under two demand conditions (high demand & low demand) to determine the Influence on a particular location from various supply A sources 14 45 59 $9,150 $200 $9,350 - Develop results tables and figures to display the results of the source trace analysis and assist the City with gaining approval from CDPH for use of the model to reduce the number of water quality samples when positive results are encountered Fuller Site Analysis: - Analyze the benefits of two new groundwater wells or one well /reservoir /pump 6 station combination at the Fuller Site which Is a vacant parcel across from the Santa 8 36 44 $6,700 $6'700 Ana train station - Provide brief summary technical memorandum detailing the model results with associated results tables and figures and recommendations for improvements John Garthe to Walnut Station Transmission Main Analysis: - Analyze the need /impact of a new transmission main from John Garthe Station to C Walnut Station and assess the benefits of being able to move a large quantity of $ 36 44 $6,700 $6,700 water from Garthe to Walnut under two (2) different operating conditions - Provide brief summary technical memorandum detailing the model results with associated results tables and figures and recommendations for improvements EOCW D Water Purchase Analysis: - Analyze the ability /benefits to purchasing water from the East Orange County D Water District and the impacts to system operations under two (Z) different 6 32 38 $5,750 $5,750 operating conditions - Provide brief summary technical memorandum detailing the model results with associated results tables and figures and recommendations for Improvements Pressure Zone Analysis: - Analyze the feasibility and benefit of dividing the City's low pressure zone into two E separate zones. This will essentially split the City into 3 zones instead of the existing 6 32 38 $5,750 $5,750 - Provide brief summary technical memorandum detailing the model results with associated results tables and figures and recommendations for improvements Power Outage Analysis: - Analyze system resiliency and Impacts In the event of a full and prolonged power F outage. This analysis will include all groundwater well and booster pump stations 6 32 38 $5,750 $5,750 off, with only MWD import connections on. - Provide brief summary technical memorandum detailing the model results with associated results tables and figures and recommendations for improvements G Provide support to City staff for GIS, hydraulic modeling, analysis, planning, 60 160 220 $34,300 $34,300 application development, and training services on an as- needed basis 25F -17 Exhibit A City of Santa Ana Water System Computer Model Solutions Labor Hours & Budget Estimate � IDM DELING We can be more, together. 25F -18 0 n Task Project Task or Subtask Description C W y° `0 9 m m u a v ro O D v o i" x 0 h � ,. ,S t'`� p YL aq e`,�® tjo,, d f 4J R - ?,��,.... ", �?}�9,G4r� A � � Y a Master Plan Consultant Coordination - IDM will coordinate with the City's master plan consultant to configure Sedaru Smart CIP to match an agreed upon prioritization methodology. IDM will facilitate the import of project data into Sedate 12 40 52 $8,020 $8,020 A and use this list to "calibrate" the Sedaru Smart CIP planning tool and perform a comparison of .software output with a representative set of recommended CIP projects. Configuring likelihood of failure based on asset performance - includes history of 8 56 64 $9,600 $9,600 B existing pipes (age, material, no. of breaks), hydrants, valves, etc. C Configuring consequence of failure including pipeline criticality, impact on critical 8 40 48 $7,280 $7,280 customers (hospitals), # of customers affected, etc. D Configuring constructability of each recommended system Improvement considering 8 40 48 $7,2IIq $7,2$0 paving schedule coordination, traffic impact, easements, RR or ditch crossings, etc, Configuring automated capital action plan using the weighted /prioritized likelihood E of failure, consequence of failure, and constructabillty criteria to generate a dynamic 8 40 48 $7,280 $7,280 CIP list Integrating - IDM will integrate the Smart CIP software with City's existing systems F including the City's current Sedate Command Center, mobile data collection 8 40 48 $7,280 $7,280 applications, hydraulic model, and GIS database Software & Training - upon Smart CIP software Implementation and calibration, IDM G will coordinate a workshop to train City staff to utilize the software to Its full 0 20 20 $2,900 $25,000 $27,900 capabilities Wti>fns Model.... A Provide support to City staff for GIS, hydraulic modeling, analysis, planning, 1.00 560 660 $99,7D0 $99,70D application development, and training services on an as- needed basis $ &'IrimplemerlttipY1'(iQ16 ii)., ry..'$Q5,u4ii ,4 ,, Sedaru mark, CepsSaftWare „sue.. .�.;., y,6 t 12n „ >. }60$24,641 �8 ,.ail, Program Operational Schema: IDM will work with the City to understand City 4 12 16 $2,480 $2,480 A operator's current operating strategies. Update computer modeling with automations: IDM will utilize the hydraulic computer model to add functionality to the system, which may Include: real -time B hydraulic modeling, monitoring of existing water system facilities, automating alerts 16 64 80 $12,240 $12,240 and notifications associated with predefined system demand and /or operating thresholds which may be associated with inefficient pumping or high energy costs. Develop Operator Recommendations: Recommendations will be automated in C accordance with criteria developed with City operators and engineering staff to 16 48 64 $9,920 $25,000 $34,920 consider best operating practices, required customer service levels, and methods of operation to maintain water quality standards. 25F -18 Exhibit A City of Santa Ana Water System Computer Model Solutions Labor Hours & Budget Estimate IDMODELIN ' We can he more, together, A Provide support to City staff for GIs, hydraulic modeling, analysis, planning, 100 560 660 $99,700 application development, and training services on an as- needed basis $89'700 Program Uni- dlrectional Flushing Criteria: IDM will work with the City to understand City operator's current flushing and water quality strategies, as well as the typical A areas of lesser quality, system parameters that may Impact quality and good /poor 12 28 40 $6,280 $6,280 locations to flush, and recommended flushing outlets (storm drain catch basins, sewer manholes, etc.). Update Sedaru Smart Quality with Flushing - specific Automations: Uni- directional flushing sequences will be automated based an results and output from the City's B hydraulic computer model, GIS, and CMMS, including: customer complaints, history 16 56 72 $11,080 $11,D84 of water quality samples and asset maintenance to optimize flushing sequences and maximize the benefits of Flushing for water quality and customer service, while minimizing stress to the system, and water lost during flushing events. Develop Automated Flushing Recommendations: Recommended sequences from C the uni- directional flushing program will be mobile, map - driven, and Interactive with 16 64 80 $12,24tl real -time, departmental communication to enable support and response to flushing $20,000 $32,240 tasks, and potential impacts to customers. 25F -19 L O C, m V h 0 Task Project Task or$ubtask Description Cr W T W u M v a M ut A Provide support to City staff for GIs, hydraulic modeling, analysis, planning, 100 560 660 $99,700 application development, and training services on an as- needed basis $89'700 Program Uni- dlrectional Flushing Criteria: IDM will work with the City to understand City operator's current flushing and water quality strategies, as well as the typical A areas of lesser quality, system parameters that may Impact quality and good /poor 12 28 40 $6,280 $6,280 locations to flush, and recommended flushing outlets (storm drain catch basins, sewer manholes, etc.). Update Sedaru Smart Quality with Flushing - specific Automations: Uni- directional flushing sequences will be automated based an results and output from the City's B hydraulic computer model, GIS, and CMMS, including: customer complaints, history 16 56 72 $11,080 $11,D84 of water quality samples and asset maintenance to optimize flushing sequences and maximize the benefits of Flushing for water quality and customer service, while minimizing stress to the system, and water lost during flushing events. Develop Automated Flushing Recommendations: Recommended sequences from C the uni- directional flushing program will be mobile, map - driven, and Interactive with 16 64 80 $12,24tl real -time, departmental communication to enable support and response to flushing $20,000 $32,240 tasks, and potential impacts to customers. 25F -19 25F -20 REQUEST FOR � COUNCIL ACTION � CITY COUNCIL MEETING DATE: AGREEMENT WITH EEC ENVIRONMENTAL FOR WASTE DISCHARGE REQUIREMENT COMPLIANCE SERVICES (NON-GENERAL FUND) (STRATEGIC PLAN NO, 6, 1C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ® Ordinance on 181 Reading 0 Ordinance on 2 "d Reading ® Implementing Resolution © Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with EEC Environmental, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide Waste Discharge Requirement compliance services for a three -year period expiring October 6, 2018, with provisions for one 2 -year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $300,000 annually, for a total not -to- exceed amount of $1.5 million, including the renewal option. DISCUSSION The State Water Resources Control Board 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's sewer collection system. This Includes the Implementation of the City's Fats, 011s and Grease (FOG) control program specified in Section 39-56 of the Santa Ana Municipal Code, The Water Resources Division of the Public Works Agency is committed to providing a high - quality sewer collection and conveyance system that is in compliance with the Waste Discharge Requirements (WDR) adopted by the State Water Resources Control Board, To pursue this mission, consultant services are required to assist staff in implementing key WDR - mandated programs, including SSMP auditing, maintenance optimization, and the FOG control program. On July 15, 2015, the City issued a Request for Proposal (RFP) for WDR compliance services (Exhibit 1). The City received one proposal, which was evaluated by a selection committee for content and responsiveness to the RFP. The proposal from EEC Environmental received a 93.1 from the selection committee. The proposal was comprehensive and met all of the requirements of the RFP.. The scope of services includes performing inspections of food service establishments 25G -1 Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services October 6, 2015 Page 2 related to the FOG control program, training staff to adequately perform inspections and enforcement actions relating to the FOG control program, performing the 2017 SSMP internal audit and the 2019 SSMP comprehensive update, developing sanitary sewer overflow contingency plans, providing sanitary sewer overflow response support, developing sewer system maintenance schedules, and maintaining the FOG control program GIS databases and maps. Staff recommends awarding a contract to EEC Environmental for WDR compliance services. EEC Environmental has a proven track record with other municipalities and has the resources and technical experience to provide WDR compliance 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 in the amount of $300,000 are budgeted in the Sanitary Sewer Service account (05617640- 62300) for expenditure in FY 2015 -16. Annual allocations of $300,000 will also be budgeted in FY 2016 -17, FY 2017 -18, and if renewed, FY 2018 -19 and FY 2019 -20. Public Works Agency FM /NS /RR Exhibits: 1. Request for Proposal 2. Agreement APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -2 REQUEST FOR PROPOSALS (RFP) FOR WASTE DISCHARGE REQUIREMENT COMPLIANCE SERVICES RFP NO.: 15 -072 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Rudy Rosas Project Manager (714) 647 -3379 Office rrosas a,santa- ana.org for Release: KEY RFP DATES (Subject to change at discretion of City): Issue Date: Letter of intent: Deadline for Requests for Information: Pre - Proposal Meeting: Proposal Due Date: Presentation /Interviews: Prqjected Award Date: Wednesday July 15, 2015 Friday July 24, 2015 Friday August 7, 2015 There is no scheduled meeting Thursday August 13, 2015; 3 :00prn. Thursday August 27, 2015 Tuesday October 6, 2015 City of Paae 1 15 -072 Fred Mousavipour Executive Director Public Works Agency NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Waste Discharge Compliance Services. Responses to this Request for Proposals (RFP) will be accepted until Thursday August 13, 2015 at 3:00 p.m. Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 15 -072 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Rudy Rosas Public Works Agency; 220 S. Daisy Ave. (M -85); 1st Floor Reception, Administration Building Santa Ana, CA 92703 Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa -ana.or ids - rfps. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. LETTER OF INTENT: Interested finns shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email. City of 0 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES RFP NO.: 15 -072 TABLE OF CONTENTS I. GENERAL D. PROPOSAL TERMS AND CONDITIONS III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE- PROPOSAL MEETING I. CITY RIGHT TO REJECT J. BID PROTECTS IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES & SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VII. IMPLEMENTATION A. KICK -OFF MEETING B. NOTICE TO PROCEED VIII. PUBLIC RECORDS IX. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATIONS 1. CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WASTE DISCHARGE REQUIREMENT COMPLAINCE SERVICES RFP NO.: 15 -072 I. GENERAL Nature of Work: The City of Santa Ana is seeking a Consultant for services relating to Waste Discharge Requirement Compliance for the City's Sewer Enterprise as outlined in the City's Sewer System Management Plan (SSMP) and required by the State. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Five (5) hard copies and one (1) digital file on a labeled USB Flash Drive (or equivalent) of your proposal shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm /Team Experience 20% • Understanding of Need 25% • Relevant Project Experience 20% • Schedule 5% • References 5% • Fee 10% Subtotal 85% • Interview 15% Total 100% The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The City of Santa Ana will consider results from the interview in the overall evaluation of the proposals. The highest ranking firms from the written proposal evaluation shall be invited for an interview. The selected Proposers for interviews will be given the opportunity to discuss, in more detail, their qualifications, past experience, proposed work plan and schedules. The interview must include the project team members expected to complete a majority of work on this project, but no more than four (4) members total. The interview shall consist of a brief presentation of the company, including the person who will be the project manager on this Contract, followed by questions and answers. All individuals present at the interview shall provide a brief self - introduction City of 24 njaP 15 -072 and explanation of applicable project experience. Audiovisual aids may be used during the oral interviews. Project Funding: Project is funded with Sewer Enterprise funds. Special conditions may apply. Refer to Attachments 1 (Scope of Work) in the Appendix of this RFP. Prevailing Wages: In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request. Term of Contract Agreement: The City desires to enter into a contract with the selected firm for an initial three 3 year term with a City option for one (1), two (2) year extension. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2. II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terns and Conditions of this RFP as described below: A. EXAMINATION: Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT: The City and the selected Proposer will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY: Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE- CONTRACTUAL EXPENSES: Santa Ana shall not, in any event, be liable for any pre - contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS /SUBCONSULTANTS: Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime - subconsultant basis. The City intends to contract with a single finn and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Proposer. -R[P 15 -072 5 ITI. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e -mail to the Project Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline for Requests for Information" date noted on the cover page of this RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated in Section IILD. D.ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, www,santa-ana.org/bids-rfps E. LICENSES & PERMITS The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses /permits required by the Scope of Work. F. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award. City of IV. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City's website: www.santa- ana.org/bids -rfps H. PRE - PROPOSAL MEETING A pre - proposal meeting, if scheduled, will occur on the date, time and location identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question - and- answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section IILD: Addenda ". I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors. J. PROTESTS Proposers with concerns or rebuttal of any staff determination of non - responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. SUBMITTAL REQUIREMENTS A. GENERAL Number of Conies and signature: Refer to Section I: General. 2. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: 1611Y : 1. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be limited to a MAXIMUM of (20) DOUBLE -SIDED PAGES (excluding front and back covers, section dividers and attachments). Font size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum I1" x 17 ". The Statement of Qualifications shall include the following: a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the standard agreement attached as Attachment 2, in the Appendix of this RFP. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team /sub - contractors that outline their technical and design experience. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm. d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of. e. Relevant Project Experience: Proposal shall include a list of relevant projects and services which your firm or personnel have completed within the last 5 years, including significant work with public agencies in WDR compliance. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. f. Schedule: Proposal shall include a detailed schedule, with a written statement which provides information on current workload and how this project would be accommodated. g. References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years h. Fee: Fees may or may not be included as part of evaluation criteria. Refer to "I. GENERAL ", and IV. SUBMITTAL REQUIREMENTS, B.3 FEE PROPOSAL, below. (this item notpart ofpage limit) 2. SCOPE OF SERVICES & SCHEDULE Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work, detailed in Attachment 1, which is included in the Appendix of this RFP. City 3. FEE PROPOSAL: Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work. Where fees are NOT included as part of evaluation criteria, the fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. Where fees ARE included as part of the evaluation criteria, the fee proposal will be opened and reviewed concurrently with the proposal, and weighted per the percentage identified in 'T GENERAL ". 4. CERTIFICATIONS: The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed and included as part of the proposal submittal package: • Attachment 3 -1: Non - Collusion Affidavit • Attachment 3 -2: Non - Lobbying Certification • Attachment 3 -3: Non - Discrimination Certification V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING Refer to Section I, General. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the agreement to the proposer who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2, in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Consultant" in standard agreement. The teen of the agreement will City of 9 begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VII. IMPLEMENTATION A. KICK -OFF MEETING A kick -off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick -off meeting, a formal Notice to Proceed (NT'P) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment information Packet have been received and approved. VIII. PUBLIC RECORDS All responses to the REP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WASTE DISCHARGE REQUIREMENT COMPLIANCE SERVICES RFP NO.: 15 -072 A. Introduction The Water Resources Division of the Public Works Agency is committed to providing a high quality sewer collection and conveyance system. To pursue this mission, the Water Resources Division is issuing this Request for Proposal (RFP) for Waste Discharge Requirement (WDR) Compliance Services to assist City staff in implementing key WDR mandated programs, including SSMP auditing, maintenance optimization and the FOG control program outlined in the City's Sewer System Management Plan (SSMP) and as adopted in in the Santa Ana Municipal Code Section 39 -56. Continuous and timely interaction with our customers, particularly the food service establishment (FSE) community, is paramount to the successful control of FOG in the sewer collection and conveyance system. The work that will be performed by the selected Consultant is essential to the City's ability to effectively control FOG in the sewer collection and conveyance systems. B. Background & Description The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population of 325,000 people. There are approximately 1,000 FSEs and about 250 are equipped with Grease Removal Equipment (GREs) that require regular FOG control inspections. The City's SSMP can be found on the City's website at httn.//www.santa- ana.org/Rwa/ documents/ SewerSystemManagementPlanSSMP2014 .pddf . The Water Resources Division is a part of the City's Public Works Agency and oversees and maintains the daily operations of the public water system and sanitary sewer system. The City of Santa Ana's water system is comprised of approximately 444 miles of water main, 45 MG of storage at 5 sites, 7 Metropolitan Water District connections, 21 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 8,000 manholes, 390 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. The Water Resources Division administrative and engineering section is comprised of 2 members and is tasked with overseeing the implementation the SSMP including the FOG Control Program. Public Works Agency staff members perform about a quarter of all FSE FOG inspections but the bulk of this work has historically been performed by contract consultants. C. Work Description The selected Consultant will provide WDR /SSMP compliance services, FOG Program management City of a- F 15 -072 Page 11 services, FSE & GRE inspections, program information and outreach, expert review and advice to City staff, maintain maps, records, and an array of related technical support services. The Core Requirements and Deliverables are listed below and represent the central work efforts the Consultant will be responsible for performing for the FOG Control Program. D. Core Requirements and Deliverables (Stated Fee basis) Consultant shall provide the following deliverables in accordance with established procedures as dictated by the Program Manager or designee. Turnaround time shall not exceed thirty (30) calendar days per assignment unless otherwise specified by the Program Manager or designee. The Consultant is expected to be knowledgeable in environmental protection and treatment, especially as it relates to sewage systems and FOG control. Waste Discharge Requirements (WDR) and Sewer System Management' Plans (SSMP). The consultant shall be knowledgeable with the State's environmental compliance regulations including the Sanitary Sewer System Waste Discharge Requirements issued by the Water Resources Control Board. The consultant shall provide environmental compliance services including: • Performing the City's 2017 SSMP Audit as required by the WDR regulations, assessing the effectiveness and perfonnance of key WDR programs, and preparing a report of the findings and recommendations. • Preparing the City's 2019 SSMP Update as required by the WDR regulations utilizing the 2014 SSMP update and 2017 SSMP audit as foundations. • Providing quarterly WDR training and advising City staff on emerging issues, revisions and additions to the SSS WDR. • Develop SSO contingency plans for the City's two sewage lift stations. • Develop a sewer system maintenance (cleaning) program and schedule which prioritizes sewer main cleaning based on parameters such as topography, condition of pipe, flow characteristics and historical inspection analyses. The proposed sewer maintenance program will optimize cleaning frequencies and resource deployment. Deliverables will include cleaning program maps in PDF format and in GIS format compatible for use with the City's infraMAP software. Providing SSO response support, including data analysis, volume estimating, reporting, etc. City of �%V.41410'RIfi 15 -072 2. FOG Program Mana ement. The Consultant shall collect, organize, and manage the FOG control program data. The current and existing database shall be maintained and updated. The Consultant shall provide monthly inspection reports and include the following: number of inspections made during the period, findings (i.e. out of compliance, follow -up inspections, etc.), provide recommendations and assist the FOG Manager with follow up documentation and technical expertise. The Consultant shall coordinate meetings with the FOG Control Program Manager to evaluate and prioritize required activities. The Consultant shall be available during normal working hours, after hours and weekends to provide assistance as required. The consultant must be able to maintain the FSE inventory and maintain a schedule that prioritizes FSE inspection frequencies based on FOG production, compliance history, elevated maintenance location relationships, and sanitary sewer overflow history. The Consultant shall coordinate with the City to establish all inspection schedules and tasks related thereof. These schedules will be coordinated in conjunction with City Staff and FOG inspectors. Additionally, the consultant shall provide outreach material, educate and train City personnel performing Food Service Establishment (FSE) Inspections. The Consultant shall be able to append Orange County Health Care Agency National Pollutant Discharge Elimination System ( NPDES) inspection data into the City's geodatabase for analysis and to identify necessary NPDES follow -up inspections. The Consultant must have specific knowledge of current and pending MS -4 requirements and be able to integrate storm -water inspection elements into the FSE inspection process. The City uses infraMAP software to collect, and to manage FOG data along with ArcGIS software. The Consultant must have expertise using these software packages. The Consultant shall be able to conduct, obtain, and analyze data from different sources to ensure and provide an up -to -date inventory of food facilities within the City and shall be able to integrate these data into the City's FOG database. The City's inspection process leverages wireless technology for all field inspection activities. Consultant must be familiar with mobile data acquisition systems including hardware, operating systems, software, network structures, and evolving technologies. The Consultant shall provide oversight and administration support of the FSE inspection program. The Consultant shall work with the FOG Control Program Manager to develop and implement FOG related initiatives such as: residential FOG disposal education outreach program, BMP's educational outreach to FSE owners and distribute FOG related material like pamphlets, and DVD's. In addition, the Consultant shall perform evaluations and develop performing measures to FOG related chemical and biological additives used for FOG. The Consultant shall have vast experience and expertise on grease control devices (GRD's) and FOG control measures and or additives. The Consultant shall provide upon request reports and facts for and advice the City on grease control devices. These reports are not limited to size, design, maintenance practices, but shall provide an entire overall perspective of this devices and wide use of in the food service industry. City of QBeia "15 -072 The consultant must be able to manage pictures, GRE requirement documents, permits, and other documents for all FSEs and make those documents accessible through the mobile map interface. Consultant shall review City Municipal Code and provide recommendations for program modifications or enhancements Consultant shall conduct site assessments of FSEs to determine or evaluate GCD retrofit options 3. Food Service Establishment (FSE) Inspections and Enforcement. The consultant shall physically inspect each FSE in the City as determined by the FOG Control Program Manager or its designee. The consultant shall provide educational information and Best Management Practices (BMP's) information to the FSE facility owner /manager in charge at the time of inspection. h1 addition, the Consultant shall coordinate, establish work schedules and provide educational and training information to City personnel as necessary and required upon City request. The Consultant shall prepare and provide a summary of the FSE inspection to the owner /manager in charge. This handout shall be in English and Spanish. Inspection Categories: Permitting Inspections- These are comprehensive initial inspections of new and or remodeled FSE's. The purpose is to identify the type of food, equipment and kitchen practices that could contribute FOG to the sewer system. FSE's are provided with educational education on FOG program compliance and BMP's. The Consultant will be required to educate and provide this information to the FSE's at the time of the inspection. Grease Removal Equipment (GRE) Inspections- These inspections are conducted to evaluate compliance with a facility's grease removal equipment requirements. The inspections should be comprehensive in support of potential future enforcement efforts where necessary and should include measuring FOG content of each chamber of all GREs. • Best Management Practices (BMP) Inspections- These are inspections to determine the compliance with all required kitchen BMP's. These should include a thorough survey of kitchen facilities. Additional, education material shall be provided to the FSE at the time of inspection. • Compliance Inspections- These inspections are conducted when it is determined by the FOG Control Manager that a follow -up or emergency inspection required for non- compliance issue that has been identified thereof. • FSE NPDES Inspections- These inspections are in response to follow -up on NPDES issues identified by the Orange County Health Care Agency. Inspectors must be familiar with the NPDES program and its regulations and identify violations and verify Limited Food Preparation (LFP) Inspections- These are inspections of known or probable LFP facilities to confirm their FOG discharge status. L. As- Assigned Tasks (Time and Materials cost basis) Maintaining Maps and Database Records. The FOG Control Program utilizes GIS technologies and maps to manage, maintain, and update a FOG geodatabase containing information on all FSEs & GREs and inspection records. The Consultant shall maintain and update the FOG geodatabase and associated maps. The consultant will be tasked with the following: • Review inspection records and results for quality assurance and control purposes. • Add, edit or delete records and map points as FSEs and GREs are added or deleted from the inventory. • Edit existing records and feature classes to reflect true field conditions. This would include FSE and GRE relationships. • Maintain layer definition queries that access FOG program data to represent FSEs and GREs that need routine inspections, FSEs and GREs that have existing violations, FSEs and GREs that have never been inspected, FSEs that have NPDES violations, and LFPs that need to be confirmed. • Coordinate with staff and technology consultants to identify and implement infraMAP software inspection form improvements and troubleshoot errors and issues. This may include providing a GIS analyst for on -site support. • Coordinate with staff and technology consultants to define required WDR program work flows and support integration with emerging technology. • Use GIS tools to assist staff with SSO response • Use GIS tools to generate monthly activity reports. • Consultant should be able to use data validation tools to review feature class data including FOG inspection activity data. • Assist the City with maintenance data analysis and O &M task optimization. 2. Training & Support The Consultant shall provide training and support on as needed basis and as required by the City. The training shall include and not limited to: WDR updates, Sewer System Management Plan meeting goal and objectives, FOG Program evaluations and reports, GIS support and mapping, City of S 15 -072 Page 15 Computer Management Maintenance System work order system. The training shall be conducted in the field and on the classroom as needed by the City and their Staff. 3. Computer Maintenance Management System (CMMS) Support The Water Resources Division Utilizes the Cityworks CMMS system to track and manage inspection work orders. Consultant shall be capable of providing Cityworks CMMS support services including optimizing data entry forms and recommending best practices. CMMS support will be required as needed and is not a core requirement of this RFP. The consultant should also be familiar with leveraging the CMMS to report on key performance indicators. General Sewer System O &M Support The Consultant shall be able to assist the City with assessment of sewer system issues and development of corrective actions including source identification and mitigation. Consultant will assist the City of development of SSO contingency plans for high risk pipelines. P. Technical Abilities Proposer must demonstrate the following skills: Ability to successfully perform FSE and G'RE inspections in other languages (in addition to English). Additional consideration will be given to proposers which demonstrate this ability. 2. Knowledge of environmental regulations and formal training in environmental sciences and or engineering. Demonstrated capability to integrate GIS, database and maintenance management technologies to effectively manage ESE inspections and FOG Program tasks. G. Cooperative Work Environment It is required that successful proposer be able to work together in a cooperative work environment with the program manager /contract administrator and staff, and other consultants as required. H. Ongoing Coordination /Status Meetings During the term of the contract, the Program Manager reserves the right to schedule periodic group or individual meetings (anticipated to be once per quarter), at no additional cost to the City. 15 -072 I. Content The City retains control over all creative content, and is responsible for providing existing creative content to the Consultant. The City will work with the Consultant(s) to develop any new creative, including public service announcements, display ads, collateral materials, etc., as well as the technical and knowledge support required to execute any advertising activities. The City will be the sole authority in determining acceptability of Consultant(s) work product. J. References and Related Work Product Samples The List of References form is required to be completed as reflected in Section K. Proposers and Subcontractors of Proposer are required to provide a minimum of four (4) references to demonstrate successfal performance for work of similar size and specific scope of work per component specific for proposal submittal as specified in this contract during the past five (5) years. The name of the project and the dollar amount of the contract shall be provided for each listed reference along with contact information. Proposers and Subcontractors of Proposer must also demonstrate that they are properly equipped to perform the work as specified in this contract. Previous experience working with government agencies and working cooperatively with other companies /agencies /entities will be an important consideration. This will enable the City to judge product reliability, vendor performance, and other information. K. Oral Interviews and Presentations Only Proposers meeting qualifications as determined at the sole discretion of the City will be required to make individual oral presentations to the City Evaluation Committee, or its designated representatives, in order to clarify their Proposals and as part of the selection process. The interview of key personnel is to determine if the City is able to establish rapport and a productive professional working relationship with these individual(s) and to assess their expertise. Prior to any oral presentation/interview, the City will have completed all reference checks. Multiple interviews may be required and may be by telephone and or in person which shall be solely determined at the discretion of the City. If the City determines that such oral presentation and interview of the key personnel is needed, the Issuing Office will schedule a time and place. Proposers are required to snake the oral presentation and interview of the key personnel within seven (7) workdays after request by the City. Proposers should be prepared to discuss and substantiate any of the areas of the Proposal submitted, as well as its qualifications to faunish the specified products and services. Notwithstanding the possibility of a request for an oral presentation and interview of the key personnel, Proposers shall not rely on the possibility of such a request and shall submit a complete and comprehensive written response to this solicitation. Any costs incurred for the oral presentation and interview of the key personnel are the responsibility of the Proposer. WIV15 -072 17 L. Fee Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and a Project Fee Schedule as follows: Item Unit Estimated Quantity Unit Price Total 1. Perform SSMP Audit Each 1 2. Perform SSMP Update Each 1 3. WDR Training and Support Lump Sum 1 4. Lift Station Contingency Plan Development Lump Sum 1 5. Sewer System Maintenance Program Schedule Prioritization Lump Sum 1 6. SSO Response Support Each 4 7. FOG Program Management Lump Sum 1 S. Permitting Inspections* Each 100 9. GRE Inspections* Each 350 10. BMP Inspections* Each 500 11. Compliance Inspections* Each 200 12. LFP Confirmation Inspections* Each 100 13. FSE NPDES Inspections* Each 300 TOTAL *These are estimated annual quantities. Actual inspection quantities over contract tern may vary. City Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 201_ by and between , a sole ownership entity, (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 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 services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended imder this Agreement shall not exceed $ during the term of this Agreement. b. Payment by City shall be made within # of days (XX) 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 , 201X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. o&lf 15 -072 19 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking perfonnance 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 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, with $2,000,000 in the aggregate. 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. City against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in 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 by the City. (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. (iv) Consultant shall supply City with a fully executed additional insured endorsement. 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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant Linder this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 15 -072 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: , Exec. Director XXXXX Agency City of Santa Ana 20 Civic Center Plaza (M -) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -XXXX To Consultant: , City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this City of a- 15 -072 Page 23 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product 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 perfonnance specified in the Recitals of this Agreement. 16. 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 and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties farther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the 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 15 -072 obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Name of Attorney Assistant City Attorney RECOMMENDED FOR APPROVAL: Name Executive Director — (Agency) (name) (title) Tax ID# MOM EXHIBIT A SCOPE OF SERVICES (from Attachment I of RFP) EXHIBIT B FEE PROPOSAL, including hourly rates (from separately sealed envelope included with Consultant Proposal) EXHIBIT C CERTIFICATIONS (from Attachment 3 of RFP) :._ t Jig.01 APPENDIX ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WASTE DISCHARGE REQUIREMENT COMPLIANCE SERVICES RFP NO.: 15 -072 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DIVISION OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of 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 City of APPENDIX ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WASTE DISCHARGE REQUIREMENT COMPLIANCE SERVICES RFP NO.: 15 -072 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the malting of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City APPENDIX ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WASTE DISCHARGE REQUIREMENT COMPLIANCE SERVICES RFP NO.: 15 -072 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments Linder this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall famish all information and reports required by Executive Order 11246 of September 24, 1965, and by riles, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, City of S 15 -072 Page 29 regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: BE 211I ,V CONSULTANT AGREEMENT THIS AGREEMENT, is made and entered into this 61h day of October 2015 by and between EEC Environmental, a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Waste Discharge Requirements Compliance Services, I3, 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 fluid 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 follow: A. SCORE OF SERVICES Consultant shall perform those services as set forth in Exhibit A attached hereto and incorporated by reference to this Agreement. 2. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City, City shall not be limited, in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 1 of 8 Exhibit 2 25G -33 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit )I, attached hereto and incorporated by reference. The total sum to be expended by City tinder this Agreement shall not exceed Three Hundred Thousand Dollars, (300,000.00) annually 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 the City's 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 the City. 4, TERM This Agreement shall commence on October 6, 2015 and terminate on October 5, 2018, unless terminated earlier in accordance with Section 14, below. The term of this Agreement is subject to a one two -year renewal option at the discretion of the City Manager and City Attorney, in an amount not to exceed 300,000.00 annually. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire terra 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 fiom 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 Page 2 of 8 25G -34 resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 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. b. Worker's Compensation Insurance. In accordance with California State law, 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. 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 with $2,000,000 in the aggregate. 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. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (ii) 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 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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify, defend and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its 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 Page 3 of 8 25G -35 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, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Consultant. 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. City may matte all reasonable decisions with respect to its representation in any legal proceeding. In no case will Consultant be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. S. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 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; (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, Page 4 of 8 25G -36 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 courtesy copy: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -5635 To Consultant: EEC Environmental One City Boulevard West, Suite 1800 Orange, CA 92868 Fax 714 667 -2310 www.eecenvironmental.com 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. Page 5 of 8 25G -37 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement acid any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which tire the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the 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. 15. 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 or in connection with any Page 6 of 8 25G -38 activities under this Agreement. 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. The 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 herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager Page 7 of 8 25G -39 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 4bief S SAND0 L Assistant CityXtttorney RECOMMENDED FOR APPROVAL: EEC ENVIRONMENTAL FRED MOUSAVIPOUR By: Executive Director Title: Public Works Agency Page 8 of 8 25G -40 ME ♦• • -• IOMM Waste Discharge Requirements (WDR) and Sewer System Management Plans (SSMP) The EEC team has conducted a wide range of program audits, including SSMP audits, that 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. EEC will provide the City with the following WDR and SSMP support services under this task: A. Perform the 2 -year internal audit due in 2017. The audit will include a report of the findings and recommendations identified during the audit. The cornerstones of EEC's expertise in SSMP program audits are extensive knowledge of key SSMP program elements in line with regulatory requirements and a breadth of experience that informs a complete, candid assessment of an agency's conformance or deficiency. Pursuant to the WDR requirements for SSMPs, EEC's focuses on evaluating the key elements of the SSMP: 1. Legal authority 2. Operation and maintenance program 3. Design and performance provisions 4. Overflow emergency response plan 5. FOG control program 6. System evaluation and capacity assurance plan 7. Monitoring, measurement, and program modifications Often, the SSMP internal audit is conducted merely as a formality to satisfy the minimum requirements of the WDR. EEC takes a somewhat different approach and views the audit from the perspective of a regulator. A regulator is looking for an honest assessment and program modification that brings about true improvement in program performance (where needed). Therefore, the key objectives of EEC's SSMP audit is to candidly evaluate how implemented programs are impacting the reduction of SSOs and evaluate the proper ongoing management, operation, and maintenance of sewer system assets, EEC's general approach to SSMP internal audits is threefold: 1. Evaluate the level of conformance of the City's SSMP to the WDR. This is accomplished primarily through a desktop review of the SSMP and supporting documentation. EEC is thoroughly familiar with recent changes to the Monitoring and Reporting element of the WDR and will ensure the City's SSMP appropriately addresses these changes. 2. Assess the level of conformance of the City's field practices with SSMP policies and procedures. This includes a detailed review of program - related documents (e.g., work "EEC's expertise and responsiveness was instrumental in helping our city meet new stringent sewer regulations." Ray Burk, Former Principal Civil Engineer City of Santa Ana Proposal to Provide WDR Compliance Services, City of Santa Ana, RFP 15 -072 20 August 13, 2015 25G -41 CEEC F NVIIMN NlfE N I AI orders, standard procedures, etc.) and data (e.g., line cleaning history, staff training records, etc.), as well as comprehensive interviews with City staff and field observation of key staff activities. 3. Use the audit findings to develop practical and defensible recommendations for program improvement. EEC will prepare a report summarizing the audit findings that will include classification of any identified nonconformances (i.e., major or minor nonconformance). The report will also contain recommendations for program improvements based on EEC's experience with successful aspects of similar programs and input received during the staff interview process. Analyzing the SSMP and identifying deficiencies in this manner will allow the City to maintain control of the definition and implementation of its programs rather than putting that control in the hands of a regulator. For example, in evaluating the City's SSO emergency response plan, EEC will not only confirm that current practices are in place and followed, but will also assess the defensibility of key response procedures, such as SSO volume estimating techniques. This approach parallels a regulator's approach and allows the City to stay ahead in the process. SSMP Audit Staff Interview EEC is located close to Santa Ana and will work around the City staff members' schedules to ensure the audit process is not intrusive but is thorough enough to satisfy the WDR requirements and improve the City's SSMP programs. B. Prepare the 2019 SSMP update using information obtained from the previous SSMP audits. Pursuant to the SSS WDR, enrollees must update their SSMP once every 5 years to reflect the enrollee's current SSMP - related practices and the changes recommended during internal SSMP audits. Having audited the City's SSMP in 2013 and 2015 and having updated the City's SSMP in 2014, EEC knows the City's SSMP thoroughly and will ensure it stays current and accurate. C. Provide quarterly WDR training and advising City staff on emerging issues, revisions, and additions to the SSS WDR. EEC has provided previous similar training to City staff regarding SSO emergency response procedures and general WDR requirements. Training topics will include, but not be limited to, SSO emergency response, EML evaluation procedures, and FOG program management. D. Develop SSO contingency plans for the two City sewage lift stations. The risk of large SSOs is greater in the event of sewage lift station failures. Understanding this, EEC will work with the sewage lift station staff to develop SSO contingency plans that will include, but not be limited to, procedures for electrical operations, bypass, and cleaning of the lift stations. E. Develop a sewer system maintenance (cleaning) program and schedule. As part of the SSMP and the City's asset management endeavor, EEC will develop a sewer system maintenance and cleaning program and schedule. The program and schedule will Proposal to Provide WDR Compliance Services, City of Santa Ana, RFP 15 -072 21 August 13, 2015 25G -42 CEEC prioritize sewer main cleaning based on parameters such as topography, pipe condition, flow characteristics, and historical inspection analyses. The proposed sewer maintenance program will optimize cleaning frequencies and resource deployment. EEC has already piloted this type of asset management system with the City and is prepared to extend the system to the City's complete sewer system. Deliverables will include cleaning program maps in PDF and in GIS format compatible for use with the City's infraMAP software. P. Provide SSO response support, including data analysis, volume estimating, reporting, etc. A timely response to any SSO is critical not only to minimize the environmental impact of the spill, but also to collectlanalyze the information needed to determine the cause($) of the spill. EEC currently supports the IRWD and CMSD with follow -up investigations of private SSOs. Investigations consist of identification of the cause(s) of the SSO and discussions with agency staff to determine the required corrective actions. Preliminary discussions are conducted with property owners to implement corrective actions. EEC also understands the importance of accurate volume estimations and timely reporting to CIWQS. EEC will provide SSO response support, and will assist the City with the approved volume estimation methods and reporting forms in the event of an SSO. 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 WDR requirements. EEC has unmatched expertise in key SSO mitigation strategies, including FOG control programs, preparation of overflow ERPs, and SSMP performance assessments and audits. EEC continues to assist cities and independent special districts, including the Cities of Santa Ana, Stanton, La Habra, Buena Park, El Segundo, and Anaheim, as well as CMSD, with development, implementation, and /or audit of their SSMP strategies. The EEC team has comprehensive knowledge of the evaluation and development of SSO ERPs. In fact, EEC assisted the City of Santa Ana in 2013 and City of El Segundo in 2014 to update their respective SSO ERPs. SSO ERP updates are based on recent program 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 to 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, a 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 for trainees to practice SSO containment actions. 2. FOG Program Management SSO Spilt Simulation EEC currently manages FOG programs for four Southern California agencies and uses sophisticated database and GIS tools to collect, organize, analyze, and manage FOG data. Having been closely involved in the development and implementation of key FOG control Proposal to Provide WDR Compliance Services, City of Santa Ana RFP 15 -072 22 August 13, 2015 250 -43 CEEC E N V I R7_3 N M T. N T AL program tools and processes, EEC's technical and field staff is thoroughly knowledgeable of field data acquisition systems and workflows currently employed by the City. EEC will provide the fallowing services under this task: Collect, organize, and manage the City's FOG Control Program data. Provide monthly reports summarizing activities conducted and recommendations to the City's FOG Control Program Manager. Conduct regular meetings with City staff to evaluate the FOG Control Program, provide recommendations, and prioritize project efforts. 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. Using the City's current FOG geodatabase, maintain the FSE inventory, inspection schedule, and FSE inspection frequencies and prioritization. Inspection frequencies and prioritization will be based on FOG production, compliance history, elevated maintenance location relationships, and SSO history. Establish inspection schedules and coordinate and assign inspection tasks to the City's code enforcement inspectors and EEC's compliance inspectors using infraMAP. Develop reports to summarize inspection results and compliance efforts. Secure and append OCHCA's NPDES inspection data to the City's geodatabase for analysis and to identify necessary NPDES follow -up inspections, EEC will ensure that data are properly assigned to FSEs and violations are correctly identified. FSEs with current violations will be properly identified on the map interface used by inspectors. Use infraMAP software and ArcGIS to record inspection results and manage inspections. Provide support for the City's wireless inspection process, with which EEC is familiar. Having played a pivotal role in the system's implementation, EEC is familiar with the City's mobile data acquisition systems, including hardware, operating systems, software, network structures, and evolving technologies. Develop residential FOG educational /guidance materials and a plan to address residential grease discharge and disposal practices. As needed, develop and coordinate evaluation of new and emerging grease - control technologies, including GRE and chemical /biological additives. Provide the City with background and update information regarding current and emerging MS -4 requirements. • Obtain data and information to keep the FSE inventory up to date. ® Manage and process inspection pictures, GRE requirement documents, permits, and other documents for all FSEs. EEC will update and maintain the geodatabase with document information that will enable inspectors and managers to access documents through the infraMAP interface. = Review the City Municipal Code and recommend modifications or enhancements to the FOG control program. As needed, conduct site assessments of FSEs to determine or evaluate GCD retrofit options. Manage the FOG geodatabase and GIS files, such as map documents. • Provide follow -up documentation assistance and expertise to City's FOG Control Program Manager. • Conduct QA/QC reviews of FSE inspection results. Coordinate, establish work schedules, and provide educational and training information to City personnel as needed or as requested by the City. Provide the City with experienced and knowledgeable professional staff. Proposal to Provide wDR Compliance Services, City of Santa Ana, RFP 15 -072 23 August 13, 2015 25G -44 ([EEC I NVHe(JNyl[NTAL Value -Added Program Management Services Based on its recognized FOG expertise, EEC has been able 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. 3. FSE Inspections and Enforcement EEC will provide well qualified and experienced inspectors, some with bilingual skills, to conduct FOG inspections. 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 QAJQC, from work order initiation to project completion, of FOG inspectors as well as the data entered into databases and submitted to the City. EEC will work with the City's FOG Control Program Manager to evaluate the continued implementation of FOG -risk —based inspection prioritization processes 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 City's FOG Control Program Manager Provide bilingual outreach and educational materials to FSEs Provide the City, as needed, with educational and 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 Specific FSE inspection categories include the following: 9. Permitting Inspections. EEC will conduct initial permitting inspections for new, change -of- ownership, and Permitting Inspection inventory 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 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 support potential enforcement efforts in the future. EEC inspectors will conduct the following: Measure the layer of floating FOG and settable solids Determine conformance with compliance criteria Interceptor Sample Box Inspection Proposal to Provide WUR Compliance Services, City of Santa Ana, RFP 15 -072 24 August 13, 2015 25G -45 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 more than 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 CEEC E N V I Pt O N S16 N 1 AL ximmurmull=iIim 1•.. Segregation and proper storage of waste cooking oil • Grease collection log maintained ® Employee training log maintained Lateral cleaning and spill log maintained 4. FSE Compliance Inspections. ECC will conduct follow -up inspections for non - compliance issues as required by the City's FOG Control Program Manager. This may include issuance of notices of violation to FSEs that are found to be in non - compliance with the FOG control regulations. EEC will help the City manage enforcement actions for violations of the City's FOG ordinance, NS 26 -70. For any FSE or critical source facility identified with deficiencies, EEC will meet with FSE managers) /owner(s) or property owner(s) to discuss violations and enforcement and to help them 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. 5. National Pollutant Discharge Elimination System Inspections. 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 knows the follow -tap actions necessary for each observation and will confirm if an FSE has conducted /implemented the corrective actions requested by the OCHCA. Proposal to Provide WDR Compliance Services, City of Santa Ana, Rr-P 15 -072 25 August 13, 2015 25G -46 E NVlRON M EI,IAL 6. Limited Food Preparation Inspections. EEC will conduct inspections of known or probable LFP facilities to confirm their FOG discharge status. Inspections of known LFPs will be conducted every 3 to 5 years to asses if the LFP's practices have changes that would warrant inclusion of the LFP in the FOG Control Program as an FSE. These inspections include a quick observation of any food preparation areas to assess if equipment has changed. 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). 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 record. EEC inspectors also receive training in SSO response procedures and know the SSO emergency response procedures implemented by the City. As- Assigned Tasks 1. Maintaining Maps and Database Records 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 needs 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 ArcGIS and infraMAP software to manage inspections of the 1,000+ FSEs and 2001- GREs in the City. EEC will provide the following services, as necessary, under this task: Review inspection records and results for quality assurance and control purposes. Add, edit, or delete records and map points as FSEs and GREs are added or deleted from the inventory. Edit existing records and feature classes to reflect true field conditions. This includes maintaining a graphical representation of FSE and GRE relationships. Maintain layer definition queries that access FOG program data to represent FSEs and GREs that need routine inspections, FSEs and GREs that have existing violations, FSEs and GREs that have never been inspected, FSEs that have NPDES violations, and LFPs that need to be confirmed. Coordinate with staff and technology consultants to identify and implement infraMAP software inspection form improvements and troubleshoot errors and issues. When necessary, EEC will provide a GIS analyst for on -site support. Coordinate with staff and technology consultants to define required WDR program workflows and support integration with emerging technology. Use GIS tools to assist staff with SSO response. Use GIS tools to generate monthly activity reports. Use data validation tools to review feature class data including FOG inspection activity data. Assist the City with maintenance data analysis and O &M task optimization. Proposal to Provide WDR Compliance Services, City of Santa Ana RF 15 =072 26 August 13, 2015 (E EEC V N ME N (AI. The FOG program geodatabase is also used to manage issuance of notices of violation 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 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 FSE& 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 Manhole Elevation Analysis 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, efficient solutions for organizing, managing, and coordinating all sewer line EMLs related to FSE enforcement activities. Value -Added Mapping Services EEC worked closely with [Water to develop the FOG inspection module in a manner that upheld the City's high standards for FOG inspections. EEC understands the software and can recode, modify, troubleshoot, and correct functionality issues as needed. EEC also designed and Implemented the goodatabase in which all inspection data are stored and can modify the geodatabase as the City's 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 necessary. 2. Training and Support EEC will continue to provide the City with FSE inspection process training as requested. 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 can also provide mobile data acquisition training for the City's FOG inspectors to demonstrate how FOG and NPDES inspection data is recorded and how to determine inspection priorities in the infraMAP software. EEC will also continue to provide the City with GIS and CMMS training, which can occur as needed or regularly. The training will be specific to systems and data used by the City. Proposal to Provide WDR Compliance Services, City of Santa Ana, RFP 15 -072 27 August 13, 2015 25G -48 CEEC ENVI RON M� NIAL 3. Computerized Management Maintenance System (CMMS) Support EEC is a business partner with Cityworks, Esri, and !Water 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 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 Optimize data entry forms and recommend best practices Leverage the CMMS to report key performance indicators 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, and 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. 4. General Sewer System O&M Support Hotspot Identification, Prioritization, and Remediation Having studied more than 300 hotspots and identified numerous individual sources of FOG blockages in California, EEC has developed and provides unique expertise in assessing sewer system issues and developing corrective actions, including source identification and mitigation. Public agencies frequently hire EEC to conduct such characterization studies and use the resulting data to prioritize FSE inspections, improve cleaning and tracking of EMLs, and inform SSO contingency plan development for high -risk pipelines, Response to and Enforcement of Private Sewer Spills A timely response to any SSO is critical not only in minimizing the environmental impact of the spill, but also in collecting /analyzing important information needed for reporting the spill and determining the cause(s) of the spill. EEC's SSO response experts are certified by the California Water Environment Association in SSO Electronic Reporting and are prepared to conduct follow -up investigations of private SSOs. Investigations consist of identification of the cause(s) of the SSO and discussions with agency staff to determine corrective actions. Preliminary discussions are conducted with property owners to implement corrective actions. EEC's a . Proposal to Provide WDR Compliance Services, City of Santa Ana RFP 15 -072 28 August 13, 2015 . 250 -49 CE E C E N V1 R ON Ni r r A t. extensive CCTV assessment of sewer lines provides clients with the necessary expertise to properly assess and offer recommendations concerning private sewer laterals. Where "voluntary" implementation of corrective action by a property owner proves unsuccessful, administrative orders may be required to ensure implementation of required measures. Follow - up discussions with private property owners conducted by EEC are typically initiated well before the administrative order deadlines to ensure adequate progress and to avoid last- minute extensions. Sewer System Condition Assessment EEC has analyzed countless hours of CCTV data and has used these data to drive capital improvement and sewer master plan development. EEC draws on this experience and expertise to ensure that an agency's planning and funding aligns with current asset conditions. Summary of Deliverables Based on the scope of services, the following deliverables are anticipated for this project FOG program protocol 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 to FSE inspection database with OCHCA NPDES inspection data (as needed) Memoranda /reports on emerging MS4 requirements (as needed) Updates to FSE inspection database with new FSE data from various 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) • Memoranda /reports on emerging WDR /SSMP requirements (as needed) SSMP internal audit and recommendation reports Classroom and field training on 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 Proposal to Provide WDR Compliance Services, City of Santa Ana, RPP 15 -072 29 August 1.3, 2015 25G -50 Fi v ro 3 %i A U c E 4 s �d Q n. s o' v a N I a a w �W N O �C N 'y a `ate a °c v N a N O� 3 c r � �v o n m � =a d E ° CN b ro= yN N v O W j N a w c� N N N Ny L W m v (tl L p a W UJ o i N W �t qYq N 0 p m O b di i � o i r� Y 0 7 „f s 3'. o O i �j e$ 0 R N C m �EE C 'K 0 ARM yy ji E k i5 b y IR N L 25G -51 I i li. Fee Proposal _ Waste Discharge Requirements Compliance Services (RFP #i15 -072) EEC Environmental (EEC) is pleased to submit this fee proposal to provide continued Waste Discharge Requirement (WDR) Compliance services, including 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 cost for the requested Core Requirement services is $216,000. Based on the anticipated level of effort, As- Assigned Tasks are anticipated to incur an additional $69,500, which will be performed on a time and materials basis pursuant to EEC's 2015 Fee Schedule (hourly rate schedule) provided following this page. Project fee Pronosal EEC Fee Proposal -- WDR Compliance Services 25rU _52 August 13, 2015 Item Unit Estimated Quantity Unit Price Total 1 Perform SSMP Audit Each 1 $10,750 $10,750 2 Perform SSMP Update Each 1 $6,500 $6,500 3 WDR Training and Support Lump Sum 1 $4,000 $4,000 4 _ Lift Station Contingency Plan Lump Sum 1 $10,000 $10,000 5 Sewer System Maintenance Lump Sum 1 $15,000 $15,000 6 SSO Response Sub orp t___ Each _ 4 $1,500 $6,000 7 FOG Program Management Lump Sum 1 $46,000 $46,000 8 Permitting Inspections Each 100 $120 $12,000 9 GRE Inspections Each 350 $95 $33,250 10 BMP Inspections Each 500 $85 $42,500 11 Corn llancelns ections Each 200 $120 $24,000 12 UP Confirmation Each 100 $15 $1,500 13 FSE NPDESInspections Each 300 $15 $4,500 Core Requirements Total: $216,000 14 Maintaining Maps and Database Records T &M 100 -140 Hrs $15,000 15 Training & Support T &M 50 -80 Hrs $9,000 16 CMMS Support T &M 120 -180 Hrs $20,000 17 Sewer System 0 &M T &M 150 -220 Hrs — $25,500 As- Assigned Tasks Total: $69,500 Project Total: $285,500 EEC Fee Proposal -- WDR Compliance Services 25rU _52 August 13, 2015 ; ow- � n ENVIRONMENTAL 2015 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 - It $160 Sr Project Engineer /Geologist/Sctentist -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. 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 Reimbursabies The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15 %. they Project 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. Shlonino and Postaoe 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. When EEC Staff appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, Payment Terms their time will be charged at 2.0 times the standard Net 30 days apply to all work performed and rate. All time spent preparing for such trials, hearings, invoiced unless superseded by a specific executed and depositions, will be charged at the standard hourly contract. rate. This roe Schedule is adjusted earh subamnent year to reflect the economic changes rot (lie new year. The new schedule will apply to existing arid new assignments. 25G -53 25G -54 REQUEST FOR COUNCIL ACTIONUSM-N CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 6, 2015 TITLE: APPROVED AUTHORIZE PAYMENT TO SOUTHERN CALIFORNIA EDISON FOR STREET LIGHT IMPROVEMENT IN THE TOWNSEND RAITT NEIGHBORHOOD (STRATEGIC PLAN NO. 5, 44D) CITY MANAGgfS/ o RECOMMENDED ACTION ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Nearing For CONTINUED TO ! Authorize a one -time payment to Southern California Edison In the amount of $39,294.56 for street lighting Improvements In the Townsend Raitt neighborhood on Townsend Street and alleyways east and west of Townsend Street, from Monte Vista Avenue to McFadden Avenue. r • On March 3, 2015, City Council approved the submittal of an Annual Action Plan Substantial Amendment to the U.S, Department of Housing and Urban Development. The Plan's Substantial Amendment authorized the use of $66,771 of Community Development Block Grant (CDBG) funds for neighborhood sponsored capital improvement projects to undertake neighborhood driven capital improvements for revitalization of deteriorated or deteriorating CDBG eligible areas. Staff recommends utilizing $39,294.56 of the approved CDBG funds for street lighting improvements in the Townsend Raitt neighborhood initiative area to increase the visibility and safety of the local residents. Approval of this recommended action will authorize payment to Southern California Edison for the improvement of 24 street lights by increasing the wattage and placing vandal guards on the light fixtures to ensure durability on Townsend Street and alleyways east and west of Townsend Street, from Monte Vista Avenue to McFadden Avenue (Exhibit 1 and 2). STRATEGIC PLAN ALIGNMOT Approval of this Item supports the City's efforts to meet Goal #6, Community health, livability, engagement and sustainabllity, Objective #4 (Support neighborhood vitality and livability), Strategy D (Implement new Neighborhood Improvement Initiatives focusing on residential areas that have been adversely affected by disinvestment and decline. Program and services from a variety of resources will be utilized to achieve positive and sustainable Improvements). 29A -1 SCE Payment for the Townsend Raitt Neighborhood Street Light Improvement October 6, 2015 Page 2 FISCAL IMPACT The Community Development Block Grant Funds for this item will be carried forward from FY 2014/15 to FY 2015/16 in the amount of $39,294.56 in account no. 13518781 -62300 for expenditure in FY 2015/16. APPROVED AS TO FUNDS AND ACCOUNTS: Kelly Reenders Francisco Gutierrez Executive Director S� Executive Director Community Development Agency Finance and Management Services Agency KR /CD /II Exhibit: 1. Southern California Edison Invoice 2. Map of Street Light Improvements 29A -2 EXHIBIT 1 SOUDIIi CAUFOBNb% D I S O N Y Document ft 7590010501 Invoice # 204668 MJE A& WISOXINT99NA7?DNUai7anpenx Southern California Edison Company Invoice Term: 90 Days Customer erne; SANTA ANA, CITY OF Customer Emfl h 20 CIVIC CENTER PLZ UNIT M -36 Invoice Date: 05/11/2015 SCE Contact: Martin Meza Rodriguez SANTA ANA CA 92701 4058 Telephone: (714)- 2854372 Install - Billing Option: District Address: 1241 SOUTH GRAND AVENUE SANTA ANA CA 92705 eFCriphion ernee. equest A umber: 1985206 Project Description: INSTAL NEW ST LT'S & 33 BULLET PROOF SHIELDS a Project Location: MCFADDEN AVE & TOWNSEND ST XSTRT SANTA ANA CA 92703 Design : 695933 Design Description: UPGRADE ST LT & M VANDAL GUARDS Product #: 998334 -UPGRADE LUMINAIRE LA60R, This amount represents the total SCE labor required to complete the work request, All applicable labor related overheads are included in the total SCE labor amount.fsdfas $4,634,88 MATERIAL, This amount represents t e tote material require to complete the wor request. app ma a mater re ate over e s are also included in the total SCE material amount. $3,642.88 oTttER: This amount represents the total SCE other costs required to coat the work request. Inmost cases, this other amount will consist of as addRional requirements needed for completing the work request. Thus other amount typically consists of items such as Advance Energy Charge, $21,252.00 SCE contractor work, rights check, and permits, " 4. ki. 3 4` , pS29r 976 rx CREDITS: is amount represents the tots ore its require to compete the work request, $(46.00) �.. > "``.z.�.,,�.�r:.,.�axv,,,. ' $��aQjs TAX: 1. 11 on Applicator k unlisted ax base t, I axe e Afflourt t $0.00 Tax Rate 35.00% Tax Amount $0.00 2. 1TCC on Net Construction (Less Non Taxable Amount) Tax Base (Taxable Amount) $28,030.85 'fax Rate 35.00% Tax Amount ....ixUU y33 a3. P4.v.YY I »T"i:. 3iX�"4S.Sai;.wFX- }e <t `. y$91,810.a8}00 ?1"r�.�b y"ixiW?)g9#1,4n[.ia DEPOSITS: Preliminary Design & Engineering Advance $0.00 Previous Payment $0.00 "T", 1;*' -T77750577 COMMENTS: * Eimlosed are 2 coppies of our invoice. Please return I copy of the invoice with your payment * All prices arc a plieable for a period of 90 days from this date and are subject to change thereafter. * Please return alt applications and/or contracts filly completed. * Payments accepted by check or money order only `I INVOICT AMOUNT, rvn v SOUDIUM CALIFORNIA EDIJOIa An WISON INnANATZONAL' Nonson r Southern California Edison Company 20 CIVIC CENTER PLZ UNIT M -36 SANTA ANA CA 927014058 Document 7590010501 Invoice N 204668 Invoice Term: 90 Days us —to mor Nam e: - -- SANTA ANA, CITY OF Customer Email: Invoice Date: 05/11 /2015 SCE Contact: Martin Meza Rodriguez Telephone: (714). 28511372 Install - Belling Option: District Address: 1241 SOUTH GRAND AVENUE SANTA ANA CA 92705 rS CONTINUED: SCE TO UPGRADE/WSTALL 2 STREET LIGHT'S AND INSTALL 32 BULLETPROOF SHIELDS PER SCE 695933_0.01 AS REQUESTED UNDER EXHIBIT A- BELLA VISTA NEIGHBORHOOD LIGHT UPGRADES. ADDITIONAL PAYMENT INSTRUCTIONS: If paying by check, please follow instructions on payment stub Instructions for wire or ACH payments: - *- Failure to property Identify your document number and SCE contact may delay the application of funds and initiation of your project Special Instructions for overnight delivery methods: Payment Stub Invoice #: 204668 Document #: 7590010501 SANTA ANA, CITY OF 20 CIVIC CENTER PLZ UNIT M -36 SANTA ANA CA 927014058 Southern California Edison Attn: Accounts Receivable 8631 Rush Street G -53 Rosemead, CA 91770 Please pay total amount now due: $39,294.56 -4 Thank you for paying promptly Make check payable to Southern California Edison ATPN: Accounts Receivable PO Box 800 Rosemead, CA 91771.001 rAtRro /z x SULL2 fUSinRTR L'UNTALT. v qql -WNEtE IVE C/TY N'SINTA ANA +ooeo)1 BURT f/BYANN vp'i'aool 91! -S1F -0898 lew'w MMTf f/SlA NVUML 0.Wp EXHIBIT 2 I v qql -WNEtE IVE } � 1 -IyW qt -k Mr Wp YPC NI -IXY MS 9AA Mr WI�YR tl i NVUML 0.Wp �nwme LYi n #� IDMf Y/ST.1 vo so d ^ Po6 19669IE RI- gNakgE N I- 1541Pt ¢&A M(4wkPo WeYA 22 W CPI- gEWkA6�g1 NLL 1AG1 IXfrM/IAVIM/1 ��o. � kYAPoAL pWO�Mr pkl -fiplbS twIAMI VYPYPo k 41MIR(IXM Mi WViR _ N:1- ffiMI94Wa Mi VM YPt PCEE 4 N WV0.LLa40 N vxou aw �nPo I II � !r to osl 2 Irt oNEIRWF oa! {{�� �v Aqt� Mi VN Yq % N vNnu owm NYN®Y.WWLOli1 EXHIBIT 2 I v qql -WNEtE IVE } � 1 -IyW qt -k Mr Wp YPC NI -IXY MS 9AA Mr WI�YR tl i NVUML 0.Wp POLE 13p114•I[("1 -- vo so a ' R J � B RI- gNakgE N I- 1541Pt ¢&A M(4wkPo WeYA 22 W CPI- gEWkA6�g1 NLL 1AG1 IXfrM/IAVIM/1 ��o. � kYAPoAL pWO�Mr pkl -fiplbS twIAMI VYPYPo k 41MIR(IXM Mi WViR _ PCEE 4 N WV0.LLa40 w I� x 14 P § !r osl 2 Irt i � . 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MrwvYPo .e i6 RRG pSf 1]0114Y ] yl I W -Po[ W M1p1 �n�IH6 Ol TaYA(MY IS/NM RYI- ItlXIpl OID.1 MI WWkR NIWIO -tlLL9 MtVWkF tl y,gllpp p IpuiN/pp I� i�'biuc A/STBRG PG oieoec /�Ne tl mesa ' PIXE 1141E 4 r � �Pluce �1 M'AW+lu�rswlrt s /;N" � � aw ws aaa vlkr Wleq VY k R � N YM1Wk a.W�AMI � � E { #naarc � 6ROOl ST 29A -5 KYNDDff \ AYf �nl VMI L NBBAV SY w: uRMPFN k1E k 1oVM5iN0 Sr 29A -6 19 0111110 CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014 -52 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR AT &T AT 2500 SOUTH FAIRVIEW STREET — CORTEL, LLC, APPLICANT (STRATEGIC PLAN NO. 3,2) l CITY MANAGE r r � • CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1°t Reading ❑ Ordinance on 01 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -52 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on September 14, 2015 by a vote of 6:0 (Alderete absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -52 as conditioned to allow a 60 -foot high mono - eucalyptus wireless facility for AT &T at 2500 South Fairview Street 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 AT &T is proposing to construct a 60 -foot high wireless facility disguised as a eucalyptus tree. This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree, the tower has been designed to have branches that will extend seven feet above the antennas to a maximum height of 60 feet. Equipment for the wireless facility will be installed within an enclosure that measures approximately 12 -foot by 12 -foot for a total of 144 square feet. This enclosure will be located at the rear (south west) of the site, and will also house the base of the monopole. 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 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). 31A-1 Conditional Use Permit No. 2014 -52 October 6, 2015 Page 2 FISCAL IMPACT There Is no fiscal impact associated with this action. r I O;rb 10:RapArt61CUR 2014•52 AT&T unless Mortmaalyptua,ea Exhibit; A, Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission • • • tk SEPTEMBER 14, 20'15 TITLE: PUBLIC HEARING - FILED BY CORTEL, LLC FOR CONDITIONAL USE PERMIT NO. 2014-52 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR AT &T AT 2500 SOUTH FAIRVIEW STREET (STRATEGIC PLAN NO. 3, 2) Prepared by Ivan Orozco i APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO E cutiv irectar Acting PI 6ni�/Managel, i �� RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2014 -52 as conditioned. Request of Applicant Corte[, LLC, representing AT &T Wireless, is requesting approval of a 60 -foot high major wireless facility disguised as a eucalyptus tree (mono - eucalyptus) at 2500 South Fairview Street. Major wireless communication facilities require approval of a conditional use permit pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). Proie-c-t Location and Site Description The project is proposed to be constructed on a 3.6 -acre parcel of land located on Fairview Street south of Warner Avenue. The site is currently developed with two industrial /office buildings occupied with a mixture of manufacturing and warehouse uses. Land uses surrounding the site include medical and commercial uses to the north, industrial uses to the south, commercial /retail uses to the east, and industrial uses to the west beyond the flood control channel (Exhibits 1, 2 and 3). Project Description AT &T Wireless is proposing to construct a 60 -foot high wireless facility disguised as a eucalyptus tree (mono - eucalyptus). This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree, the tower will be designed to have branches that will extend six feet above the antennas to a maximum height of 60 feet. Equipment for the wireless facility will be installed within a 12 -foot by 12 -foot enclosure with an eight foot high perimeter block wail that is painted to match the building, The mono - eucalyptus and equipment enclosure will be located at the southwest corner of the property, adjacent to the existing flood control channel. 1 NDT-3i 1 31A-3 Conditional Use Permit No. 2014 -52 September 14, 2015 Page 2 The proposed wireless facility will have three sectors containing four panel antennas per sector, 12 remote radio units, four surge protection units and one microwave antenna mounted to the mono- eucalyptus. Additionally, all ancillary equipment and one Argus power plant will be installed within the proposed enclosure (Exhibits 4, 5 and 6). Project Background The site was developed in 1976, with a total of 67,192 square feet, divided into two industrial /office buildings. Since then, the site has been occupied by a mixture of manufacturing and warehouse uses. In April of 2014, Cortel, LLC representing AT &T Wireless, submitted plans to install a new wireless facility at this location. After a review of the proposal, staff acknowledged that the submittal met all SAMC requirements for wireless facilities. A The General Plan land use designation for the site is Industrial (IND), which allows for manufacturing and warehouse uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Light Industrial (M1). The Light Industrial zoning district is a zone that also allows for manufacturing and warehouse uses. The proposed use is also consistent with the zoning designation. MM In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as the proposed AT &T Wireless facility are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Also, Section 41 -198.4 of the SAMC identifies several site improvements that may be required at sites with major wireless facilities. These improvements include: 1, Landscaping around the base of the facility, including vines, groundcover and a 24 -inch box tree; 2. Decorative fencing (wrought iron or block) around the facility; 3. A six -foot high solid wall between the facility and property zoned or used for residential; 4. One parking space, if on -site parking is not available; 5. Repairing, repaving and restriping of a parking lot which is in poor condition; 6. The repainting of buildings on a site; and, 7. The construction of a new trash enclosure. 31A-4 Conditional Use Permit No. 2014 -52 September 14, 2015 Page 3 As part of the development review portion of the project, staff worked with the applicant to identify improvements to be required in tandem with the proposed mono - eucalyptus facility and equipment enclosure. These improvements reflect the requirement to screen the facility from view, to provide enhanced landscaping through the planting of new trees, to deter graffiti through the planting and maintenance of landscaping materials, to screen equipment and materials by locating them within an enclosure with eight foot high block walls that are painted to match the buildings, and to minimize the project's overall impacts on the surrounding community. Conditional use permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • 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. Section 41- 198.5(b) of the SAMC establishes site selection order of preference criteria for wireless facilities. -The- se provisions require the exploration of various options before proposing a new major wireless facility. The applicant has explored alternatives to this major wireless facility, including providing a roof mounted facility on an existing building in the area and co- locating on another facility. Nearby buildings in the immediate area are not located in coverage gaps and /or are not of sufficient height (predominantly one and two- story) to provide coverage between existing wireless facilities. The project will provide a service or facility which will contribute to the community. The proposed mono - eucalyptus will provide a service to Santa Ana residents, businesses, and motorists who subscribe to AT &T Wireless services by reducing the gaps in cellular service and providing additional calling capacity for its users in the central sector of Santa Ana. 31A-5 Conditional Use Permit No. 2014 -52 September 14, 2015 Page 4 + The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Moreover, the nearest residential use is located over 800 linear feet from the site, further reducing any potential for impacts. • The proposed mono - eucalyptus will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site enhancements will maintain and increase the economic stability for this industrial corridor by providing an additional service for business owners, workers, and residents in the area. Further, the stealth appearance and the chosen location for the facility will help blend in with existing mature eucalyptus trees found on the property. + The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a eucalyptus tree, will feature new and enhanced landscaping, will provide an equipment enclosure painted to match the color and look of the existing buildings, and will comply with other standards outlined in the SAMC. • The proposed mono - eucalyptus will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed mono - eucalyptus. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed mono - eucalyptus is designed to minimize visual impact on the area by implementing stealth design and using the prime location of the facility in relation to the existing mature trees on that side of the property to screen the facility. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. A facility disguised as a eucalyptus tree would provide the best stealth possible for this location. The facility is located within a site that is occupied by industrial /office uses. The eucalyptus tree design will easily blend into the area and will be designed to allow for future co- location by another provider. Of the various tree designs, the eucalyptus tree is a design that can stealth the equipment needed by additional wireless providers. All associated wiring and conduit for the facility will be underground or hidden within the interior of the mono - eucalyptus. 31A-6 Conditional Use Permit No. 2014 -52 September 14, 2015 Page 5 This location is also optimal to provide the coverage necessary for existing and expanding service. The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to AT &T Wireless by closing service gaps and providing enhanced cellular service in the area. Equipment for the facility will be located within a new enclosure painted to match the existing buildings further assisting in screening the wireless facility on the site. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan that safeguard residents and workers in the area while encouraging land uses that accommodate the City's needs for services. Public Notification The project site is centrally located within the City and is directly across from the Centennial Park neighborhood association. Staff contacted the Centennial Park Neighborhood Association to ensure that they were notified of this project and to identify any areas of concern. Centennial Park has identified no present concerns with this project. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners and occupants 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 This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The wireless facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result, Categorical Exemption Environmental Review No. 2014 -58 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). 31A-7 Conditional Use Permit No. 2014 -52 September 14, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -52 as conditioned. Ivan Orozco Assistant Planner I IO;jm IC)Aeports=P 2014 -52 AT &T Wireless Monoeucalyptus.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 -- Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations Exhibit 6 — Photo Simulations 31A-8 ml Rl MI MI NI RI Ell MI ml ml RI C RI ml ml Iii Pi Lml M, J ml RI MIT R4 ml + Mi Ml ml `l ­_ S f ;j 'PRO L Ml R AID WAR I AV, 10 _71 Nil ti mi Nil MI m) R4 > RI ce mi SEGERSTROM AVE. All GBAERALAGRUJUMIJ OR DOMMEROALRBE)DIIIAL RI SNUERAMICYROILGIMAL -8 PARING MODIMCAlION rc GOVERIMENFICENTER IV IADFAMILYRSUNCIF CSA COMMEROALEOUIHMAIN mi UG-111HOUSMAL IV MUL[IR-EDINSTYMULTI'LE ct COMMUNITYOOMMMAL M2 WAWINDUS114AL FAMILYRMDENCE CI•MO COMM. COMMMAUMUSMIti DISI mo MUTARYCIPERAIIONS III WBUJIMNAFAIMIMTS C2 MURALOONIMEROAL 0 OPEN 97AM- RE F6133,111ALESTATE 33 OLNTRALWSNESS p PIRDIFEMONAL ED T]ORcoelacmuff MA M TRALSJSNESARIVSWALLAGE POO RANNE)O-11MUNIWDIEVELON,1917 sp DIECIRCRAN 34 PLANNM$HOPRNGC3iI RANNED FERDWALOWL"ENT C5 ARrMALOWMEMAL CUP 2014-52-CEL AT&T FAIRVIEW MONO-EUCALYPTUS 2500 SOUTH FAIRVIEW STREET 500 FEET 1 " .-100OFEE7 P L A N N I N G A N D B J I L 0 1 N G A G_ E _NC Y EXHIBIT I v13TA19 . 1 AT &T FAIRVIEW MONO- EUCALYPTUS 2500 SOUTH FAIRVIEW STREET C5�; 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 LAND USE MAP EXHIBIT 2 31A -10 I N S-rMt S N E F I Y E ID N A m 0 o s —� u. H I G F I Y z 0 = w R 5 DE T Al INDUS t ¢ W a Q. y "' PENDLETON AVE, � C7 S.F.R. INDUSTRIAL M.F,R. COMM WARNER AVENUE J =UT v w MULTI- FAMILY P- RESIDENTIAL w INDUS -A-b -- PROIEET °v SITE t- IND STR AL w J CENTRAL AVE. v LL v CENTRAL AVE. z J Q y J LL N N-B- STRIAE LL } � W ' ADAMS IN US 21A . 1 AT &T FAIRVIEW MONO- EUCALYPTUS 2500 SOUTH FAIRVIEW STREET C5�; 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 LAND USE MAP EXHIBIT 2 31A -10 e3 " s _ g x yt Sw S s a � ;•N^ry ' �__ �`f E_ �'4 a t:... = —s y }}^^yy 3 5 0 SHaib -H® d MRS HS a�Dim SHVb: — _ S ®o wvAllf 1 0 Y. LJ 13 " 04 al. ? i MJ xF ij 0 Y. LJ 13 " 04 al. ? i MJ IUD 'r i=7—J A fli44 ;5'r I w 4—L 1— 72 Z,2 r aWi ay iy yry ti �d. krr 0 f.l 4 lji Ev { 3 1 }{ x S��g l ? f Y r 1 �T 5 fv f 1tir h i i It 1 LS 9.4.15 RESOLUTION NO. 2015 -31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -52 AS CONDITIONED FOR THE PROPERTY LOCATED AT 2500 SOUTH FAIRVIEW 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 -52 to allow a 60 foot high major wireless facility at the property located at 2500 South Fairview Street. B. Santa Ana Municipal Code Section 41- 198.3(b) requires approval of a conditional use permit for the installation of major wireless facilities. C. On September 14, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -52. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2014 -52 to allow for a major wireless facility: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The project will provide a service or facility which will contribute to the community. The proposed mono - eucalyptus will provide a service to Santa Ana residents, businesses, and motorists who subscribe to AT&T Wireless services by reducing the gaps in cellular service and providing additional calling capacity for its users in the central sector of Santa Ana. 2. 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. Resolution No. 2015 -31 31A-15 Page 1 of 7 The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Moreover, the nearest residential use is located over 800 linear feet from the site, further reducing any potential for impacts. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed mono - eucalyptus will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site enhancements will maintain and increase the economic stability for this industrial corridor by providing an additional service for business owners, workers, and residents in the area. Further, the stealth appearance and the chosen location for the facility will help blend in with existing mature eucalyptus trees found on the property. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a eucalyptus tree, will feature new and enhanced landscaping, will provide an equipment enclosure painted to match the color and look of the existing buildings, and will comply with other standards outlined in the SAMC. 5. 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. The proposed mono - eucalyptus will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed mono - eucalyptus. In addition, Goals Resolution No. 2015 -31 31A-16 Page 2 of 7 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed mono - eucalyptus is designed to minimize visual impact on the area by implementing stealth design and using the prime location of the facility in relation to the existing mature trees on that side of the property to screen the facility. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing structures involving negligible or no expansion of the existing use. The proposed application is to approve a conditional use permit to allow a major wireless facility that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2014 -58 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -52 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2500 South Fairview Street. 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 14, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2015 -31 31A-17 Page 3of7 ADOPTED this 14th day of September, 2015. AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -31 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 14, 2015. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2015 -31 31A-18 Page 4 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2014 -52 Conditional Use Permit No. 2014 -52 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 approval. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2014 -52). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The mono - eucalyptus shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 60 -foot high wireless facility. 4. The proposed monopole shall be maintained per the following specifications: a. The mono - eucalyptus facility should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. c. Branches should exceed all antennas by a minimum of 12 inches. d. Branches should start at 15 feet above the ground. Resolution No. 2015 -31 31A -19 Page 5of7 e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f. Branches should have a sweep similar to that of an actual eucalyptus tree. g. Branch foliage color should be an olive to match an actual eucalyptus tree. A sample shall be submitted for approval prior to fabrication. h, Full bark cladding with a custom color should be submitted for approval prior to fabrication. All antennas shall be covered with "antenna socks" that match the approved foliage color. j. All "stand -off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Show the location of the GPS antenna on all elevations. I. Provide a "unistrut" detail for the utility cabinet; an "H- frame" is not acceptable. m. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure ". Shrouds on the outside of the pole are not acceptable. n. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 5. The permit applicant shall provide a 24 -hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 6. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 7. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. Resolution No. 2015 -31 31A-20 Page 6 of 7 8. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 9. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 10. Conditional Use Permit No. 2014 -52 expires 10 years from the date of City Council approval. Resolution No. 2015 -31 31A-21 Page 7 of 7 31A-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2015 -15 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 2- FISHERMEN GRILL LOCATED AT 2321 EAST FOURTH STREET, UNIT G — ALEX WOO, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ;-0;• r ❑ As Recommended ❑ As Amended ❑ Ordinance on 1e' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2015 -15. PLANNING COMMISSION ACTION At its regular meeting on September 14, 2015 by a vote of 6:0 (Alderete absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -15 which approved a Type 41 Alcoholic Beverage Control (ABC) license in order to sell beer and wine for on- premise consumption at 2- Fisherman Grill at 2321 East Fourth Street, Unit G located in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION 2- Fishermen Grill 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. The dining area will contain approximately 30 seats and will have all necessary equipment to be considered for a Type 41 ABC license. The restaurant also offers an outdoor dining area for 10 patrons. Currently, there is no intention of serving alcohol to outdoor patrons; however, if the restaurant wishes to provide outdoor service, no amendment to the conditional use permit will be required insofar as the outdoor service area conforms to standards established by the California Department of Alcohol and Beverage Control. 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 are currently from 11:00 a.m. to 9:00 p.m. Monday through Sunday. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31 B -1 Conditional Use Permit No. 2015 -15 October 6, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this Item supports the City's efforts to meet Goal #3 Objective #2 (create new opportunities for business /job growth development through new General Plan and Zoning Ordinance policies). FIACAI� IMPACT There is no fiscal Impact associated with this action, ;H assan 10 M han AICP Executive Dirac or Planning & Building Agency lOrb 101anning Commieelonl2$21 E 4%1002015-16 2,F18herMen Gr19 Type 41 ABC= Exhibit: A. Planning Commission Staff Report 31 B -2 Economic Development, . and encourage private REQUEST FOR Manning Cornllnr lflsslon Aa;U n PLANNiNn COMWS lON I�qEIETMG nArE: SEPTEMBER 14, 2015 TH'LE: PUBLIC HEARING — FILED BY ALEX WOO FOR CONDITIONAL USE PERMIT NO. 2015 -15 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 2- FISHERMEN GRILL LOCATED AT 2321 EAST FOURTH STREET, UNIT G {STRATEGIC PLAN NO. 3,2) Pre pare d by Ivan Orozco % Gam_ Fm,aa'; ativ tar RECOMMENDED ACTIONS PLANNING Ca.)VVWCMN SECRETARY APPROVED 0 As Rrcornrnended '] As Arn& deed I I et Public I-Iresr'ing For` 7 Applicant's Request D Staff RecornrnendiAon Adopt a resolution approving Conditional Use Permit No. 2015 -15. Request of Applicant Ac,ting i "I ivnJ M ,-Jr cier Alex Woo, representing 2- Fishermen Grill, is requesting approval of a conditional use permit (CUP) for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine at the 2- Fishermen Grill restaurant located at 2321 East Fourth Street, Unit G. Project Location and Site Description The applicant is currently operating a full service, sit -down restaurant within the Creekside Retail Center, which is located at the northeast corner of Fourth Street and Tustin Avenue. 2- Fishermen Grill occupies 1,600 square feet of an existing 8,515- square foot, commercial building that contains commercial and restaurant uses. A total of 125 parking spaces are provided within an existing surface lot. Land uses surrounding the site are office uses to the north and west, commercial uses to the south and the Costa Mesa (State 55) Freeway to the east (Exhibits 1, 2 and 3). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are no ABC licenses located within a 500 foot radius of the site. There are however two ABC licenses located just outside the 500 foot radius of the site in addition to the proposed license. The two ABC licenses include a Type 20 license (off -sale beer and wine) at 17241 Irvine Boulevard (Tustin) and one Type 47 license (on -sale beer, wine and distilled spirits) at 301 North Tustin Avenue (Santa Ana). However, this information does not affect the analysis or recommendation contained in this report. EXHIBITA 31 B -3 Conditional Use Permit No. 2015 -15 September 14, 2015 Page 2 Project Description The applicant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine to patrons at the restaurant. Currently, the applicant is operating without an ABC license and has done so since the tenant space was opened as an eating establishment in 2004. The restaurant is a full service, sit -down eating establishment that operates from 11:00 a.m. to 9:00 p.m. daily. The restaurant has approximately 30 seats within its dining room and approximately 10 outdoor seats. Currently, there is no intention of serving alcohol to outdoor patrons; however, if the restaurant wishes to provide outdoor service, no amendment to the conditional use permit will be required insofar as the outdoor service area conforms to standards established by the California Department of Alcohol and Beverage Control. The on- premise sale of alcoholic beverages to customers will provide a service ancillary to the primary restaurant use. Overall alcohol storage and display areas will consist of approximately 24 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 and 5). Project Background Creekside Retail Center was constructed in 2002 in two phases. The first phase consisted of an 8,515 square foot retail building, with the second phase incorporating an additional 6,000 square feet of retail space that was built the following year. 2- Fishermen Grill has operated from this location since 2011, with previous tenants using the space as an eating establishment since 2004. The proposed Type 41 ABC license will allow the existing business to compete with the nearby businesses that provide similar services and operations. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial 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, service and restaurant uses, making the proposed use consistent with the zoning designation. 31 B -4 Conditional Use Permit No. 2015 -15 September 14, 2015 Page 3 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. 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 this 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 restaurant to offer an additional amenity and dining experience for its patrons that is consistent with other eating establishments in the area. Moreover, operational standards applicable to the license will mitigate potential impacts from the Type 41 ABC license (Exhibit 6). • The proposed Type 41 ABC license will provide an ancillary service to the restaurant'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 restaurant with an additional and complementary food - related amenity. 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 B -5 Conditional Use Permit No. 2015 -15 September 14, 2015 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. This is a restaurant use and the addition of alcohol will be ancillary to the main use. 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 nearby restaurants in the general vicinity and citywide that also offers a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow 2- Fishermen Grill, a small business, to remain economically viable and contribute to the overall success of the commercial area. • 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. 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 full - service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, 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 for the City of Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. 2- Fishermen Grill will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. 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 MEW Conditional Use Permit No. 2015 -15 September 14, 2015 Page 5 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 2321 East Fourth Street, Unit G is located in Reporting District No. 264. This reporting district is below the 20 percent threshold established by the State for high crime. 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 is not located within the boundaries of any Neighborhood Association. Staff contacted the City of Tustin, who had no comments regarding the proposed CUP. 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. No comments have been received as of the date of printing of this report. 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 restaurant 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. 2015- 68 will be filed for this project. 31 B -7 Conditional Use Permit No. 2015 -15 September 14, 2015 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. 2015 -15. ex 4101,40-4,J) ' Ivan Orozco Assistant Planner I IO:jm io \Planning Commission \2321 E 4th \CUP2015 -152- Fishermen Grill Type 41 ABC.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments MWOO SEVENTEENTH cs 1__1 1 R4 'i,' 6n oo'h cl R4 -PRD P I uw- -1 P .b b a Rt < RI ul Irh._._... «,. aiF 0 i' R4 P P -0ZI -F P -0ZI -F - P -071 -F � u CS -0Z1 -F B � a C1 -OZ1 -F FIRST � Al GBJ LAGfdCUMI Lr -B (W NGMODIRCATION GSA O MMH ALMC MAIN Cl O]NMUNJWY MRWL Cl -MD CCMM. COMMRSAAUMUS MDIS Q Gffi �LMMMR AL m MT LBWNE CAA CBJ L& N6 AR11SMLLAGE CA F NNMS4OMNGCBJ C5 AF ALMMMMAL P -�ZI -F C5 ULL--� ST. cl w c w �,w cc LL H P `L o n � Clry Br Iu :tln I N I t1illIFINA Ff A] MM NJ CR MMMRCIALF DR IAL GC (YJVRdJM9 TCHJ MI Ll( TINDUSRdAL M2 HE WINDUB AL MO MIUTAMOPB2 MNS 0 OPH SPAa P FR ONAL FCA RANNMO MUNIT DE/ OWMT Ff3] F NNMR DBJ ALDEVaOWM T 6m.! RI SNMFAMILYF D9 AL fd M FAMILYf¢90R m MULiIftEDmwmULTIFLE FAMILYYiDR M Fa 31W1 NAFkAfM9JT5 FE F D�A=AT m �FICDE OWM 9' S 9CF N (mv CUP 2015- 15 -RST 2- FISHERMEN GRILL TYPE 41 ABC 2321 EAST FOURTH STREET, UNIT G _500 F1}7 l 1000 F� 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 > PROFE SIGNAL MULTI - FAMILY RESIDENTIAL a z > O Q 6TH STREET w w o LL' Cc PROFESSIONAL -r — w = � I- z i iiii O w a Ln 4TH STREET COMM. COMME PROFESSIONAL z � CUP 2015- 15 -RST 2- FISHERMEN GRILLTYPE 41 ABC 2321 EAST FOURTH STREET, UNIT G s-V� 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 B -10 ", �'�r�Il "rlfiivrlrlfrrlwrraii �'r rrlr»rrrk�rriirlriftfr �riyrrrrir» �% CUP 2015 -15 2 FISHERMEN GRILL TYPE 41 ABC 2321 EAST FOURTH STREET, UNIT G EXHIBIT 3 31 B -11 EXHIBIT 4 31 B -12 "Ifid-1 2 (D LU U) Z F- , \(\ Z \ \\ CA 6 z w ca S L) o U 0 z \ \\ u k \0 10 0 w ul Z � ,CJ 0 0 U w "I z M < W 0_, w U w 0 w U) W a, u ,, 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 -186 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. 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 6 31tf414 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. 31bf415 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 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. 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. 31 f 4 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. 31 �` -417 LS 9.4.15 RESOLUTION NO. 2015 -32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -15 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 2- FISHERMEN GRILL RESTAURANT LOCATED AT 2321 EAST FOURTH STREET, UNIT G 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. 2015 -15 to allow a Type 41 Alcoholic Beverage Control (ABC) license for the property located at 2321 East Fourth Street, Unit G. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption of beer and wine service that is ancillary to the primary restaurant use. C. On September 14, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -15. 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 (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -15 to allow for a Type 41 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 Type 41 ABC license will provide an ancillary service to the restaurant'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 restaurant with an additional and complementary food - related amenity. 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. 2015 -32 31 B -1 8 Page 1 of 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. This is a restaurant use and the addition of alcohol will be ancillary to the main use. 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 nearby restaurants in the general vicinity and citywide that also offers a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow 2- Fishermen Grill, a small business, to remain economically viable and contribute to the overall success of the commercial 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 and conditions 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? 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 Resolution No. 2015 -32 31 B -19 Page 2of4 the City's needs for goods and services. Providing a variety of full - service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, 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 for the City of Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. 2- Fishermen Grill 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 involving negligible or no expansion of the existing use. The proposed application is to approve a conditional use permit to allow the sale of beer and wine within an existing structure that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2015 -68 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -15. 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 14, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -32 31 B -20 Page 3 of 4 ADOPTED this 14th day of September, 2015 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) James Gartner Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -32 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 14, 2015. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2015 -32 31 B -21 Page 4 of 4 31 B -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016-06 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR ;SPRINT PCS AT 2116 WEST MONTE VISTA AVENUE — ALEXANDER LEW, APPLICANT {STRATEGIC PLAN NO. 3, 2} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: „--;., CJ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 10-4- /S Receive and file the staff report approving Conditional Use Permit No. 2015 -06 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on August 24, 2015 by a vote of 5:0 (Gartner & Nalle absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -06 as conditioned to allow a 50 -foot high major wireless facility at 2116 West Monte Vista Avenue located in the Open Space (0) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A), Sprint PC$ is requesting approval of a conditional use permit for an existing major wireless facility that is disguised as a pine tree (mono - pine). The original conditional use permit that allowed for the installation of the facility at the site has expired and the applicant was required to apply for a new conditional use permit, The applicant is also proposing to modify the existing a0- foot high monopine by upgrading existing antennas and related ancillary equipment. The project will remove and Install new service antenna panels on the monopine and enhance ancillary equipment within the existing $75 square foot enclosure. The facility is Intended to provide increased cellular coverage and call capacity in this area of the City. No changes to the monopine structure, its existing height of 50 feet, or current location are proposed as part of this project. New equipment for the wireless facility will be installed within the CMU wall enclosure that is located on a 523 square foot lease area, The monopine and enclosure are proposed to remain in their current location, along the southwesterly portion of the overall site, near a sports field that is shared with Jerome Park, Full sized site plans are available for public viewing in the Clerk of the Council Office, 31 C -1 Conditional Use Permit No, 2015 -06 September 15, 2015 Page 2 STRAT9g1G 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. ,Hassan HaghFatfi,, AIICP6;;/ Executive Director Planning & Building Agency RS: rb R3: RepanalRUR 205.00 Monte Vista WIroloss Fec1111y= Exhibit: A, Planning Commission Staff Report 31 C -2 Economic Development, and encourage private REQUEST FO Planning Commission Action AUGUST 24, 2015 TITLE: PUBLIC HEARING - FILED BY ALEXANDER LEW FOR CONDITIONAL USE PERMIT NO. 2015-06 TO ALLOW A 50 -FOOT HIGH WIRELESS FACILITY FOR SPRINT PCS AT 2116 WEST MONTE VISTA AVENUE (STRATEGIC PLAN NO. 3,2) Prepared by Ricardo Soto xec Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting PI n anager' RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2015 -06 as conditioned. Request of Applicant Alexander Lew, representing Sprint PCS, is requesting approval of a 50 -foot high wireless facility disguised as a pine tree (monopine) at 2116 West Monte Vista Avenue. Major wireless communication facilities require approval of a conditional use permit pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description The project is located on a 9.1 acre site located on the southern side of Monte Vista Avenue between Raitt and Sullivan Streets. The site is currently developed as an elementary school, Monte Vista Elementary, with the southernmost portion of the property functioning as a shared recreation area with the neighboring Jerome Park. Land uses surrounding the site include single - family residential to the north, multiple- family residential to the east, and open space to the south and west (Exhibits 1, 2 and 3). Project Description Sprint PCS is proposing to modify an existing 50 -foot high monopine by upgrading existing antennas and related ancillary equipment. The project will remove and install new service antenna panels on the monopine and enhance ancillary equipment within the existing 375 square foot enclosure. The facility is intended to provide increased cellular coverage and call capacity in this area of the City. No changes to the monopine structure, its existing height of 50 feet, or current location are proposed as part of this project. New equipment for the wireless facility will be installed within the CMU wall enclosure that is located on a 523 square foot lease area. The monopine and enclosure are proposed to remain in their current location, along the southwesterly portion of the overall site, near a sports field that is shared with Jerome Park (Exhibits 4 and 5). EXHIBIT A 31 C -3 Conditional Use Permit No. 2015 -06 August 24, 2015 Page 2 Project Background In February of 2004, Sprint PCS submitted plans to install the current wireless facility at Monte Vista Elementary. In January of 2005, Conditional Use Permit No. 2004 -29 was approved for the project. The conditional use permit allowed for the construction of the current monopine and equipment enclosure. The monopine was designed to mimic an evergreen tree and was located near an existing group of 20400t tall evergreen California Pepper and Bisbane Box trees. Additionally, two 24 -inch box Canary Island Pines were planted to screen the monopine, while materials used to construct the equipment enclosure were selected to match those found on the nearby concession stand building located in Jerome park, ensuring architectural consistency with the existing structures near the site. In March of 2015, Sprint PCS, represented by Core Development Services, proposed to modify the existing monopine to replace obsolete antenna panels and equipment with antennas and equipment that reflect current technology. Staff review of the proposal revealed that Conditional Use Permit No. 2004 -29 that allowed for the establishment of the wireless facility on the site had expired. SAMC Section 41- 198,13 states that major wireless communication facilities shall be approved for a period not to exceed five years, although subsequent Federal legislative acts have required that such facilities be approved for a period not less than 10 years. As the current facility is more than 10 years old, the applicant was required to apply for a new conditional use permit in order to proceed with the proposed modifications and upgrades as required by the SAMC. After a review of the proposal, staff acknowledged that the submittal met all SAMC requirements for wireless facilities. General Plan and Zoning Consistenc The General Plan land use designation for the site is Institutional (INS), which allows for City facilities and institutions such as schools. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Open Space (0). The Open Space zoning district allows for school buildings and facilities, public utilities, and quasi - public and service facilities. The proposed use is also consistent with the zoning designation. Project Analysis In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as the Sprint PCS facility are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Also, Section 41 -198.4 of the Santa Ana Municipal Code (SAMC) identifies several site improvements that may be required at sites with major wireless facilities. 31 C -4 Conditional Use Permit No. 2015 -06 August 24, 2015 Page 3 These improvements include: Landscaping around the base of the facility, including vines, groundcover and a 24 -inch box tree; Decorative fencing (wrought iron or block) around the facility; A six -foot high solid wall between the facility and property zoned or used for residential; One parking space, if on -site parking is not available; Repairing, repaving and restriping of a parking lot which is in poor condition; The repainting of buildings on a site; and, The construction of a new trash enclosure. As part of the development project review portion of the project, staff identified and determined that improvements constructed as part of the previous conditional use permit approval remain in place and the site is in compliance with current code applicable requirements. These improvements reflect the requirement to screen the facility from view, to provide enhanced landscaping through the planting of trees, to provide screening for outdoor storage of materials, and to minimize the project's overall impacts on the surrounding community. Conditional use permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • 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. 31 C -5 Conditional Use Permit No. 2015 -06 August 24, 2015 Page 4 « The project will continue to provide a service or facility which will contribute to the community. The monopine currently provides a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS's services by providing cellular coverage and providing additional calling and data capacity for its users in the central sector of Santa Ana. • The issuance of a new conditional use permit for the existing wireless facility at this location will not be detrimental to persons residing, working, recreating, or attending school in the area as the proposed facility will be in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). The monopine, in conjunction with existing stealthing and screening, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and existing site enhancements will maintain the economic stability of this neighborhood by providing an additional service for residents, workers, and school and park visitors. • The use will continue to comply with all provisions pertaining to the construction and installation of wireless facilities Identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a pine tree, will continue to be screened by a mature stand of trees, and will comply with other standards outlined in the SAMC. The monopine will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed monopine. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The existing monopine is designed to minimize visual impact to the area by being disguised as a pine tree, utilizing an existing stand of mature trees to further conceal it, and by incorporating materials and the architectural design of nearby buildings into the design of the equipment enclosure. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Improving a cell phone provider's bandwidth and coverage in the area enhances services that are readily available for workers, visitors, and residents in the immediate vicinity. 31 C -6 Conditional Use Permit No. 2015 -06 August 24, 2015 Page 5 A facility disguised as a pine tree, screened by an existing stand of trees, and that incorporates building materials and architecture of nearby buildings into the equipment enclosure design, provides the best stealth possible for this location. The facility is located within an open space district and is located on the southwestern portion of the site, between an existing stand of trees, Moreover, the pine tree design blends into the area and is designed to allow for future co- location by another provider. All associated wiring and conduit for the facility are underground or hidden within the interior of the monopole. This location is also optimal to provide the coverage necessary for existing and expanding service. The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS by closing service gaps and providing enhanced cellular service in the area. Equipment for the facility will continue to be located within an existing enclosure that assists in screening the wireless facility on the site. The existing wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan that safeguard residents and workers in the area while encouraging land uses that accommodate the City's needs for services. Public Notification The project site is located within the boundaries of the Bella Vista Neighborhood Association. Staff contacted the president of the association, who identified no concerns with this project. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners and occupants 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 This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15301. This Class 1 exemption consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, or mechanical equipment involving negligible or no expansion of use. The wireless facility is an existing monopine and equipment area that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result, Categorical Exemption Environmental Review No, 2015 -18 will be filed for this project. 31 C -7 Conditional Use Permit No. 2015 -06 August 24, 2015 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. 2015 -06 as conditioned. , , X Ricardo Soto Assistant Planner I RS:jm RS: Reports =P 2015 -06 Moms Vista Wireless PanlOy.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations 31 C -8 FIRST C2 '1 L� �MIIIf MI na rsz, C2 C2 I I RI ill li��l wan M7r R1 fti Ri i sic Rt J 31 N ST.�� '# 01 pnl a_SP,I PLC o Ri al "' R Rl sO� `^ ]RI� R7 � R1 RI � 5I• RI Fir RI Ri v�rN10 +' 9P I IL { RI RI RI s U p ftl RI ml Al GM LAGNOJL111RALt OR Oi1MM6f7Al- f0DE4T4AL m SNGLEFAMILYRESOE•(IIAL. -e PAMNGMODIRWON GO GymhmE•ITCEY W. MOMMILYI1;90UCE GHVI COMM9 ALMLI'M MAIN MI LIGITINDUSMAL R3 MULIIFLEDINSTYMUI..71FU Gl CO.MMUNITYCOMMMAL M2 HEAVYINMSIRAL FAMILYFFNMOE C1 -MD COMM, (DOMMESAAUMUSJM 016MM MO MIUTARaIM41IONS RA SBUFVANAlARIM94TS C2 GWB2ALOOMMEUAL 0 OPEN FACE m FUSOM IALESfATE C3 CWMLMSNMS P R"OR ONAL ED FEIRGI)BROFMEaT G3'A aNTMLIAJ9NMARIiSMLAGE FCD RANNm ODMMUNHYGEtr10WWT W S;WRGIMN C4 MNNEDSHOFFINGMER Pf RANNEDF�9MTALD01ELOFMEJT C5 AR ALOGMMgUAL CUP 201 5 -06 ` SPRINT PCS MONOPINE 2116 WEST MONTE VISTA AVENUE - - -500 FfT 1 "a 1,100 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31 C -9 CUP 2015 -06 SPRINT PCS MONOPINE; 2116 WEST MONTE VISTA AVENUE 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 C -10 u z 0 u n: z _ u 0 COMMUNITY ENTER CUP 2015 -06 SPRINT PCS MONOPINE; 2116 WEST MONTE VISTA AVENUE 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 C -10 CUP 2015 -06 SPRINT PCS MONOPINE 2116 WEST MONTE VISTA AVENUE SITE PHOTO EXHIBIT 3 31 C -11 Ln EXHIBIT 4 31 C -12 ---- — -- - --- N9, gl c, Ti 3 N i WCSW EXHIBIT 4 31 C -12 I. ALL DH AIMNHAS MID EOUIPNm MWEt To THE (E) N <Mu INE 510LL DE Ct nED W PINE NEEDLE SOC" R ALL (NJ ANI'E`Mx5 4-40 EQUIPMENT WoNTE0 7U THE E7 M0,100INK HE P Mr. HE&"lE SOCKS p TNEE. T O.,E' 5Tflu~:TUrzE rq. r.EaeN uni<� �L�: r.a. FINISHED Qn E ner o' —a• (E) VRINr GNU WALL Egurvelg E"CEOSUGE M,PPM W/WGOO FRANCO CJ E R[OF (E7 GpW UNK DATE EXHIBIT 5 31 C -13 YN �xr IY. i Y1�R �� II RA0 GE +MEN OF N {) yk'fiI,YT' PoWEi. A}(I'paNnuT: I 7P f i PER 5hY'Ga (M u-6) HIGH rtOtIgPIXE —0N7 ISPHIM' nos NvUNI'EO TO SQ Sri" M) LLUNNi. 3 fflf p TNEE. T O.,E' 5Tflu~:TUrzE rq. r.EaeN uni<� �L�: r.a. FINISHED Qn E ner o' —a• (E) VRINr GNU WALL Egurvelg E"CEOSUGE M,PPM W/WGOO FRANCO CJ E R[OF (E7 GpW UNK DATE EXHIBIT 5 31 C -13 YN �xr RS 8.24.15 7*Y014j1[*] 0110I W61:II% A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -06 AS CONDITIONED FOR THE PROPERTY LOCATED AT 2116 WEST MONTE VISTA 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. 2015 -06 to allow a 50 foot high major wireless facility at the property located at 2116 West Monte Vista Avenue. B. Santa Ana Municipal Code Section 41- 198.3(b) requires approval of a conditional use permit for the installation of major wireless facilities. C. On August 24, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -06. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -06 to allow for a major wireless facility: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The project will continue to provide a service or facility which will contribute to the community. The monopine currently provides a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS's services by providing cellular coverage and providing additional calling and data capacity for its users in the central sector of Santa Ana. 2. 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. Resolution No. 2015 -28 Page 1 of 7 31C-14 The issuance of a new conditional use permit for the existing wireless facility at this location will not be detrimental to persons residing, working, recreating, or attending school in the area as the proposed facility will be in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The monopine, in conjunction with existing stealthing and screening, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and existing site enhancements will maintain the economic stability of this neighborhood by providing an additional service for residents, workers, and school and park visitors. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a pine tree, will continue to be screened by a mature stand of trees, and will comply with other standards outlined in the SAMC. 5. 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. The monopine will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed monopine. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The existing monopine is designed to minimize visual impact to the area by being disguised as a pine tree, utilizing an existing stand Resolution No. 2015 -28 Page 2 of 7 31 C -15 of mature trees to further conceal it, and by incorporating materials and the architectural design of nearby buildings into the design of the equipment enclosure. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Improving a cell phone provider's bandwidth and coverage in the area enhances services that are readily available for workers, visitors, and residents in the immediate vicinity. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing structures involving negligible or no expansion of the existing use. The proposed application is to approve a conditional use permit to allow a major wireless facility that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2015 -18 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -06 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2116 West Monte Vista Avenue. 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 August 24, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of August, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Mill, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Nalle (2) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015 -28 Page 3 of 7 31 C -16 James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 24, 2015. Date: Planning Commission Secretary City of Santa Ana 31 C -17 Resolution No. 2015 -28 Page 4 of 7 +1/MMiM &, Conditions of Approval for Conditional Use Permit No. 2015 -06 Conditional Use Permit No. 2015 -06 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 approval. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2015 -09). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The monopine shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 50 -foot high wireless facility. 4. The proposed monopole shall be maintained per the following specifications: a. The monopine facility should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. c. Branches should exceed all antennas by a minimum of 12 inches d. Branches should start at 15 feet above the ground. Resolution No. 2015 -28 Page 5 of 7 31 C -18 e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f. Branches should have a sweep similar to that of an actual Pine Tree. g. Branch foliage color should be an olive or forest green with some other appropriate coloring to match an actual Pine Tree. A sample shall be submitted for approval prior to fabrication. h. Full bark cladding with a custom color should be submitted for approval prior to fabrication. L All antennas shall be covered with "antenna socks" that match the approved foliage color. j. All "stand -off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Show the location of the GPS antenna on all elevations. I. Provide a "unistrut" detail for the utility cabinet; an "H- frame" is not acceptable. m. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure ". Shrouds on the outside of the pole are not acceptable. n. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 5. The permit applicant shall provide a 24 -hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 6. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 7. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. Resolution No. 2015 -28 Page 6 of 7 31 C -19 8. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 9. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 10. Conditional Use Permit No. 2015 -06 expires 10 years from the date of City Council approval. Resolution No. 2015 -28 Page 7 of 7 31 C -20 lip CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: CONDITIONAL USE PERMIT NO, 2016.16 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR VERiZON WIRELESS AT 1200 NORTH TUSTIN AVENUE CORE DEVELOPMENT SERVICES, APPLICANT (STRATEGIC PLAN NO. 3, 2)� CLERK OF COUNCIL USE ONLY; F-ITMIET67rcral 0 As Recommended [� As Amended ❑ Ordinance on i "Reading ® Ordinance on 2"tl Reading El implementing Resolution ❑ Set Public Hearing For CONTiNUEDTO /o -6 -/S FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2015 -16 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on August 24, 2015 by a vote of 5:0 (Gartner & Nalle absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -16 as conditioned to allow a 60 -foot high major wireless facility at 1200 North Tustin Avenue located in the Professional (P) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Verizon Wireless is proposing to construct a 60 -foot high wireless facility disguised as a eucalyptus tree (mono - eucalyptus). This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree, the tower will be designed to have branches that will extend seven feet above the antennas to a maximum height of 60 feet, Equipment for the wireless facility will be installed within a 16- foot by 10 -foot enclosure with eight foot high block wails and vinyl shake siding that matches the siding used on the existing building on the site. The mono - eucalyptus and equipment enclosure will be located at the center of the site along the north elevation of the existing building, Four 36- inch box eucalyptus trees will be Installed to assist with the stealthing of the mono - eucalyptus, with vines planted along the block wails of the equipment enclosure to further screen the facility. The proposed wireless facility will have three sectors Containing four panel antennas per sector, 12 remote radio units, two surge protection units and one microwave antenna mounted to the mono- eucalyptus, and all ancillary equipment and one DC generator will be installed within the proposed enclosure. Full sized site plans are available for public viewing In the Clerk of the Council Office. 31 D -1 Conditional Use Permit No, 2015 -16 September 15, 2015 Page 2 vj. :..4 W q. lY 1 _4,z N. 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). FISCAL IMPACT There is no fiscal Impact assoelated with this action. r assan Haghani,`AICP Executive Director Planning & Building Agency RS: rb R&Reports \CUP 2019x1911200 North Tustin Ave, Varizon Maim Monoeuaalyptus,00 Exhibit: A, Planning Commission Staff Report 31 D -2 REQUEST FOR ••7�1�titIF.R • r�'�s3.�irL�:iit�fH�T��I AUGUST 24, 2015 TITLE: PUBLIC HEARING - FILED BY CORE DEVELOPMENT SERVICES FOR CONDITIONAL USE PERMIT NO. 2015 -16 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR VERIZON WIRELESS AT 1200 NORTH TUSTIN AVENUE {STRATEGIC PLAN NO. 3, 21 Prepared by Ricardo Soto — 3 xecu e C7irector PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2015 -16 as conditioned. Request of Applicant Core Development Services, representing Verizon Wireless, is requesting approval of a 60 -foot high major wireless facility disguised as a eucalyptus tree (mono - eucalyptus) at 1200 North Tustin Avenue. Major wireless communication facilities require approval of a conditional use permit pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description The project is proposed to be constructed on a 2.72 -acre parcel of land located on the northwest corner of Tustin and Wellington Avenues. The site is currently developed with a two story office building occupied with a mixture of professional and medical office uses. Land uses surrounding the site include multiple - family residential and commercial uses to the north, medical uses to the south and east, and professional office uses to the west (Exhibits 1, 2 and 3). Proiect Description Verizon Wireless is proposing to construct a 60 -foot high wireless facility disguised as a eucalyptus tree (mono - eucalyptus). This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree, the tower will be designed to have branches that will extend seven feet above the antennas to a maximum height of 60 feet. Equipment for the wireless facility will be installed within a 16 -foot by 10 -foot enclosure with eight foot high block walls and vinyl shake siding that matches the building. The mono - eucalyptus and equipment enclosure will be located at the center of the site along the north elevation of the existing building. Four 36 -inch box eucalyptus trees will be installed to the west of the facility to assist EXHIBIT A 31 D -3 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 2 with the stealthing of the mono - eucalyptus, with vines planted along the block walls of the equipment enclosure to further screen the facility. The proposed wireless facility will have three sectors containing four panel antennas per sector, 12 remote radio units, two surge protection units and one microwave antenna mounted to the mono - eucalyptus, and all ancillary equipment and one DC generator will be installed within the proposed enclosure (Exhibits 4, 5 and 6), Project Background The site was developed with the existing two -story office building in 1976. Since then, the site has been occupied by a mixture of professional and medical office uses. In December of 2014, Core Development Services, representing Verizon Wireless, submitted plans to install a new wireless facility at this location. After a review of the proposal, staff acknowledged that the submittal met all SAMC requirements for wireless facilities. + A The General Plan land use designation for the site is Professional and Administrative Office (PAO), which allows for professional and medical office uses. Uses such as wireless facilities are consistent with this General Plan land use designation, The zoning for the site is Professional (P). The Professional zoning district is a zone that also allows for professional and medical office uses. The proposed use is also consistent with the zoning designation, Project Analysis In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as the proposed Verizon Wireless facility are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Also, Section 41 -198.4 of the SAMC identifies several site improvements that may be required at sites with major wireless facilities. These improvements include: 1. Landscaping around the base of the facility, including vines, groundcover and a 24 -inch box tree; 2. Decorative fencing (wrought iron or block) around the facility; 3. A six -foot high solid wall between the facility and property zoned or used for residential; 4. One parking space, if on -site parking is not available; 5. Repairing, repaving and restriping of a parking lot which is in poor condition; 6. The repainting of buildings on a site; and, 7. The construction of a new trash enclosure. 31 D -4 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 3 As part of the development project review portion of the project, staff worked with the applicant to identify improvements to be required in tandem with the proposed mono - eucalyptus and equipment enclosure. These improvements reflect the requirement to screen the facility from view, to provide enhanced landscaping through the planting of new trees and vines, to deter graffiti through the planting and maintenance of landscaping materials, to screen equipment and materials by locating them within an enclosure with eight foot high block walls and vinyl shake siding that matches the building, and to minimize the project's overall impacts on the surrounding community. Conditional use permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • 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. Section 41- 198.5(b) of the SAMC establishes site selection order of preference criteria for wireless facilities. These provisions require the exploration of various options before proposing a new major wireless facility. The applicant has explored alternatives to this major wireless facility, including providing a roof mounted facility on an existing building in the area and co- locating on another facility. Nearby buildings in the immediate area are not located in coverage gaps and/or are not of sufficient height (predominantly one and two -story) to provide coverage between existing wireless facilities. The project will provide a service or facility which will contribute to the community. The proposed mono - eucalyptus will provide a service to Santa Ana residents, businesses, and motorists who subscribe to Verizon Wireless services by reducing the gaps in cellular service and providing additional calling capacity for its users in the northeast sector of Santa Ana. 31 D -5 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 4 • The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Moreover, the nearest residential use is located over 300 linear feet from the site, further reducing any potential for impacts. The proposed mono - eucalyptus will be compatible with the surrounding area and will not adversely affect the economic viability in the area, The stealth appearance, four live eucalyptus trees, and site enhancements will maintain and increase the economic stability for this commercial corridor by providing an additional service for business owners, workers, and residents in the area. Further, the stealth appearance and the planting of live eucalyptus trees will help the site blend in with existing mature eucalyptus trees that line the site along Tustin Avenue. The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a eucalyptus tree, will feature new and enhanced landscaping, will provide an equipment enclosure with shake siding that matches siding used on the existing building, and will comply with other standards outlined in the SAMC. The proposed mono - eucalyptus will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed mono - eucalyptus. in addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed mono - eucalyptus is designed to minimize visual impact on the area by implementing stealth design and the planting of four eucalyptus trees to screen the facility. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. A facility disguised as a eucalyptus tree would provide the best stealth possible for this location. The facility is located within a site that is occupied by professional office uses. The eucalyptus tree design will easily blend into the area and will be designed to allow for future co- location by another provider. Of the various tree designs, the eucalyptus tree is a design that can stealth the equipment needed by additional wireless providers. All associated wiring and conduit for the facility will be underground or hidden within the interior of the mono - eucalyptus. 31 D -6 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 5 This location is also optimal to provide the coverage necessary for existing and expanding service. The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Verizon Wireless by closing service gaps and providing enhanced cellular service in the area. Equipment for the facility will be located within a new enclosure with vines planted along the block walls to assist in screening the wireless facility on the site. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan that safeguard residents and workers in the area while encouraging land uses that accommodate the City's needs for services. Public Notification The project site is located near the eastern boundary of the City and is not near any neighborhood association. Staff contacted the City of Tustin to ensure that they were notified of this project and to identify any areas of concern. Tustin staff has identified no present concerns for this project. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners and occupants 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 This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The wireless facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result, Categorical Exemption Environmental Review No. 2014 -149 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). 31 D -7 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015 -16 as conditioned. Ridlgrdo Soto Assistant Planner I RS:jm RS:Reports\CLJP 2015 - 1811200 North Tusan Ave. Vedzon Wireless Monoeucalyptus.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 —Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations Exhibit 6 — Photo Simulations 31 D -8 SEVENTEENTH ST cs LM - + U C5 cl i cl R4 RRD 1� R I Rl x. 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F61V. s33' -l3" or *% 1 7 1°CbSRY6 42.6'2' HfLYI ` 9�r IiU:E 10 IL�.vU.M TOP UrP 1 ipP dr PR KMD WW M. *A � U4LWOL y, E %I3°NG CGNIREIE cbm dN9d1YJ L Na NIM$ VEI6ZCB "tLSs w MX 04=.WE Wdq mn 9+BBL w" EASMO fi<ALtltrj EAST ELEVATION °� I Gcut 11x17: 1•-d' 2iX3E: 11fl" t'- . 2 EXHIBIT 5 31 D -13 RS 8.24.15 RESOLUTION NO. 2015 -29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -16 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1200 NORTH TUSTIN 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. 2015 -16 to allow for the installation of a 60 foot tall major wireless facility at the property located at 1200 North Tustin Avenue. B. Santa Ana Municipal Code Section 41- 198.3(b) requires approval of a conditional use permit for the installation of major wireless facilities. C. On August 24, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -16. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -16 to allow for the installation of a major wireless facility: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The project will provide a service or facility which will contribute to the community. The proposed mono - eucalyptus will provide a service to Santa Ana residents, businesses, and motorists who subscribe to Verizon Wireless services by reducing the gaps in cellular service and providing additional calling capacity for its users in the northeast sector of Santa Ana. 2. 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. Resolution No. 2015 -29 Page 1 of 7 31 D -15 The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Moreover, the nearest residential use is located over 300 linear feet from the site, further reducing any potential for impacts. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed mono - eucalyptus will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance, four live eucalyptus trees, and site enhancements will maintain and increase the economic stability for this commercial corridor by providing an additional service for business owners, workers, and residents in the area. Further, the stealth appearance and the planting of live eucalyptus trees will help the site blend in with existing mature eucalyptus trees that line the site along Tustin Avenue. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a eucalyptus tree, will feature new and enhanced landscaping, will provide an equipment enclosure with shake siding that matches siding used on the existing building, and will comply with other standards outlined in the SAMC. 5. 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. The proposed mono - eucalyptus will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be Resolution No. 2015 -29 Page 2 of 7 31 D -16 served by the proposed mono - eucalyptus. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed mono - eucalyptus is designed to minimize visual impact on the area by implementing stealth design and the planting of four eucalyptus trees to screen the facility. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. E. In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15303. The Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The wireless facility is a new small facility that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic or safety concerns. Categorical Exemption Environmental Review No. 2014 -149 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -16 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1200 North Tustin Avenue. 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 August 24, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2015 -29 Page 3 of 7 31 D -17 ADOPTED this 24th day of August, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Mill, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Nalle (2) ABSTENTIONS: Commissioners: None (0) James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 24, 2015. Date: Planning Commission Secretary City of Santa Ana 31 D -18 Resolution No. 2015 -29 Page 4 of 7 EXHIBITA Conditions of Approval for Conditional Use Permit No. 2015 -16 Conditional Use Permit No. 2015 -16 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 approval. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2014 -50). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The mono - eucalyptus shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 60 -foot high wireless facility. 4. The proposed monopole shall be maintained per the following specifications: a. The mono - eucalyptus facility should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. C. Branches should exceed all antennas by a minimum of 12 inches. d. Branches should start at 15 feet above the ground. Resolution No. 2015 -29 Page 5 of 7 31 D -19 e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f. Branches should have an upward sweep similar to that of an actual deciduous or broadleaf tree. g. Branch foliage color should be an olive green with some brown leaves to match an actual deciduous or broadleaf tree. A sample shall be submitted for approval prior to fabrication. h. Full bark cladding with a custom color should be submitted for approval prior to fabrication. i. All antennas shall be covered with "antenna socks" that match the approved foliage color. j. All "stand -off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). I. Show the location of the GPS antenna on all elevations. M. Provide a "unistrut" detail for the utility cabinet; an "H- frame" is not acceptable. n. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure ". Shrouds on the outside of the pole are not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 5. The permit applicant shall provide a 24 -hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 6. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. Resolution No. 2015 -29 Page 6 of 7 31 D -20 7. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 8. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 9. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 10. Conditional Use Permit No. 2015 -16 expires 10 years from the date of City Council approval. Resolution No. 2015 -29 Page 7 of 7 31 D -21 31 D -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: APPROVE 2016 CALENDAR OF CITY COUNCIL MEETINGS AND COUNCIL COMMITTEE MEETINGS {STRATEGIC PLAN NO. 5, 1} � SENT q r RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve the 2016 Calendar of regularly scheduled City Council and Council Committee meetings. 2. Cancel any of the following regularly scheduled City Council meetings, including but not limited to: • January 5, 2016; • July 19, 2016 and /or August 16, 2016 • November 1, 2016 3. Direct staff to post Notice of Cancellation(s). The City Council hereby waives notice of said meetings as required by the government code. DISCUSSION Attached are the 2016 Calendars for the regularly scheduled City Council and Council Committee meetings. Consistent with past practice, the City Council has cancelled the first meeting of the year, a meeting during the summer months and on Election night, which is November 1, 2016. The City Council has the option of cancelling any of the following City Council meeting dates, by majority vote: • January 5, 2016 • July 19, 2016 and /or August 16, 2016 • November 1, 2016. 65A -1 2016 Council Meetings October 6, 2015 Page 2 If the City Council cancels any of the meetings, they will resume consideration of regular items at their next regular scheduled meeting. The City Council reserves the right to cancel any other meetings and notify the public as legally required. The 2016 Master Calendar and agendas for all regular and special meetings will be posted on the City's website at: http:// www. santa- ana.oEg /coc /aranicus.asp. City Council Meetings are typically held in the Council Chamber, 22 Civic Center Plaza, Santa Ana and Council Committee meetings at City Hall, Ross Annex, Room 1600, Santa Ana or as otherwise noted on the agenda. STRATEGIC PLAN Approval of this agreement allows us 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. Ls Maria D. Huizar, Clerk of the Council Attachments: A) Calendar of City Council Meetings B) Calendar of Council Committee Meetings 65A -2 V N C CW _^ C V •u N 0 U U 6 C Q 6 C N O C) O u 7. Cl O O N N N �n o LL `gyp N N � N N G N O N N N o N N P N P b ✓� N P N M i r W N. LL N ry N N P Q � r �f � CC� U N P z NI N a n O N O 4 CO ✓� I� N N F ' —1 N O C) O u 7. Cl O O N N N �n o LL `gyp N N � N N G N O N N N o N N P o N o ✓� N P N M i � P LL N ry N N P Q � r �f � CC� m N P z NI N a n O N O 4 CO ✓� I� N N O C) O u 7. Cl O O N N N �n o LL `gyp N N � N N G N O N N N o N N P o N o ✓� N P N M i Q _ m N N P Q � r � CC� N' N P z NI N a n O N O N N Rit F ' —1 N a O C) O u 7. Cl O O N N N �n o LL `gyp N N � N N G N O N N N o N N P N t7 N N N P r ~ Y a u 3 Q N m Y pp o N o ✓� O - N N i Q _ m N N P 4 � N r � N' N P N o NI N n O N O N N N t7 N N N P r ~ Y a u 3 Q N m Y pp ExhibitA 65A -3 LL (t�N P b N lC+ L Y a Y C N P - W v N N �J P N LL m o cn o z _ Q � m o N ✓� O - N N Q _ m N N P m o n r � N' N o n O F ' —1 N a i Q OJ ExhibitA 65A -3 LL (t�N P b N lC+ L Y a Y C N P - W v N N �J P N LL m o cn o z _ Q � m o N Q _ m N N P m o n r � N o n O F ' —1 N ExhibitA 65A -3 LL (t�N P b N lC+ L Y a Y C N P - W v N N �J P N LL m o cn o z _ Q � m o N 0 0 H u � Q 0 i U P O 2 W Y O U U 'a 'a p 2 r U ff- Q _ m m o n r � O F ' —1 N 0 0 H u � Q 0 i U P O 2 W Y O U U 'a 'a p 2 r U ff- 65A -4 / k � /C4 3 d lE / Exhibit F, §SA.S \ \\ \\ ) ;\ f \} \\ \\ ) /u\ \) \\ 12 Q \ \�\ /_, >�1 :2 to ® `1`1 > Exhibit F, §SA.S \ \\ \\ ) ;\ f \} \\ \\ ) /u\ \) \\ 12 Q \ \�\ \ >�1 :2 ® `1`1 Exhibit F, §SA.S \ \\ \\ ) ;\ f \} \\ \\ ) /u\ \) \\ 12 Q \ \�\ \ >�1 :2 Exhibit F, §SA.S \ \\ \\ ) ;\ f \} \\ \\ ) /u\ \) \\ 12 Q 65A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: 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 Provide direction to staff on the following options related to an allocation process for Community Development Block Grant public service funds for Fiscal Year 2016 -2017: 1. Allocate funds to current Community Development Block Grant programs for a second year; this option is recommended by staff. 2. Conduct a new application process to be rated, ranked, and recommended for funding to the City Council by the Community Redevelopment and blousing Commission; this option utilizes the same process as the Fiscal Year 2015 -2016 funding allocation. 3. Conduct a modified process recommended by the City Council. DISCUSSION The City receives an annual allocation of Community Development Block Grant (CDBG) funds from The United States Department of Housing and Urban Development (HUD) to Improve low to moderate - income neighborhoods, eliminate blight and create a more stable economic base. These funds have been used for a diverse range of programs including housing, street improvements, parks and public facilities improvements, public services, economic development and code enforcement. The City's estimated CDBG allocation for FY 2016 -17 Is $5,298,515, a 2.5 percent reduction from the current year, A maximum amount of fifteen percent may be used for public services. This would provide approximately $794.777 for City and nonprofit administered public service programs. The following options provide methods of allocating the public service funds for FY 2016 -17. 65B -1 CDBG Funding Allocation Process for FY 2016 -17 October 6, 2015 Page 2 f.'.. � • .. - •� • � �� •:• •.Y�.. �. fe a �• • � f -.f.• Y • f • .`,f Y 'Y Y .", • i ..rY• i � � e f 1t.� d •fY• f f Yir • Y Y �• Y • Second year funding amounts will be contingent upon the City's CDBG allocation and the programs performance, Funding for each program would be reduced or Increased proportionally based on the actual CDBG allocation from HUD. In addition, any program with unresolved monitoring findings, minimal participation numbers, or an inability to expend grand funds during the grand period will not be recommended for funding for a second year. In the event that a program is not recommended for funding, staff would recommend that those funds be proportionally redistributed to all other CDBG nonprofit public service programs. If option 1 is selected, staff will provide an analysis of program performance and recommend agreements to the City Council In March of 2016. Option 2: Direct staff to conduct a new application process with the following actions: 1) release an application to nonprofits with online submission capabilities, 2) review applications for initial CDBG eligibility, 3) assign the review and rating of applications to the Community Redevelopment and Housing Commission (CRHC), and 4) bring the CRHC funding recommendations before the City Council. If option 2 is selected, staff will move forward with a new application process with the following tentative timellne: Timeframe Action NOV 2015 - DEC 2015 Application Period 6 -weeks / Online Application NOV 2015 & DEC 2015 Three Mandatory CDBG Subreci lent Training DEC 2015 Application deadline and staff review for CDBG eligibility DEC 2015 - JAN 2016 CRHC Application Review JAN 2016 Nonprofit presentations before CRHC FEB 2016 CRHC Funding Recommendations MAR 2016 Council Approval 65B -2 CDBG Funding Allocation Process for FY 2016 -17 October 6, 2015 Page 3 Option 3: Direct staff to conduct a modified process as established by the City Council. This may Include providing staff with priority needs, setting funding percentages for specific types of programs or any additional suggestions. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT No fiscal impact is associated with this action. Community Development Agency KR/SV /II Exhibit; 1. Current CDBG Programs and Projected FY 2016 -17 Allocation L• - Lt m I EXHIBIT 1 Current CDBG Programs & Projected FY 2016 -17 Allocation Organization FY 2015.16 *FY 2016 -17 Program CDBG Funding Projected Allocation KidWorks CDC Cedar Evergreen Community Center— Universit y Starts Now $ 56,000 $ 54,600 America On Track Brighter Futures for Children of Prisoners $ 30,000 $ 29,250 Council On Aging Medicare Benefits Enrollment Center $ 35,250 $ 34,369 WISE Place Steps to Independence $ 30,000 $ 29,250 Human Options Community Domestic Violence Services $ 30,000 $ 29,250 The Cambodian Family Plan Ahead Youth Program $ 45,000 $ 43,875 Public Law Center Healthy & Livable Mobile Homes and Apartments $ 33,750 $ 32,906 Boys & Girls Club of Santa Ana IMPACT Model — Summer Program $ 50,000 $ 48,750 OC Children's Therapeutic Arts Center After - school Classical Music Program for Santa Ana Youth $ 30,000 $ 29,250 NONPROFIT ORGANIZATION TOTAL $ 340,000 $ 331,500 City of Santa Ana Police Department Police Athletic & Activity League (SAPAAL ) $ 202,257 $ 197,200 City of Santa Ana Parks Recreation & Community Services Agency After - School Homework Help and Tutoring Program $ 195,500 $ 190,613 City of Santa Ana Parks Recreation & Community Services Agency Senior Health and Nutrition Program $ 77,398 $ 75,463 * *CITY TOTAL $ 475,155 $ 463,276 TOTAL $ 815,155 $ 794,777 *Based on a projected 2.5% CDBG reduction. Actual allocation will vary contingent on final CDBG allocation. * *Programs in the City Total are only reflective of City programs that received a CDBG allocation in FY 2015 -16. Project Pride and HEART program were excluded due to only receiving a General Fund allocation. o REQUEST FOR COUNCIL. ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 211140VW0 Adopt a resolution authorizing the sale of City -owned property at 205 West Civic Center Drive without the need for public auction or competitive bidding, as permitted by Section 2 -709 of the Santa Ana Municipal Code upon 2/3 vote of the City Council. The YMCA building, located at 205 West Civic Center Drive, was purchased in 1992 and has been vacant since that time. Last fall the City entered into an Exclusive Negotiating Agreement with St. Joseph Health System and Taller San Jose to lay out the parameters, deal points, and the performance milestones of a development agreement. St. Joseph Health System and Taller San Jose intend to create a multi - purpose place of gathering for health, wellness and learning in the YMCA building with the following activities. Medical fitness facilities for general fitness and recreation with additional specialized programs for those with chronic health conditions Taller San Jose providing vocational training to youth Clinic space providing primary care and workslte wellness to the community workers and residents St. Joseph and their team of consultants have been working over the past year and have completed their assessment of the re -use potential of the YMCA building. They have also assisted greatly in evaluating the environmental remediation necessary associated with the airborne lead and asbestos contamination. 75A -1 Public Hearing — Resolution to Authorize Negotiation for the Sale of City -owned Real Property at 205 West Civic Center October 6, 2015 Page 2 Under Santa Ana Municipal Code (SAMC) Section 2 -709, permits the sale of City owned property through direct negotiations without a need for public auction or competitive bidding, upon 2/3 vote of the City Counoll after duly noticed public hearing, Staff recommends direct negotiation with St, Joseph Health System to ensure this wellness center, fitness center and related programing Is developed In a timely manner and made available to serve the residents of Santa Ana, Approval of thle Item supports the Cities efforts to meet Goal #3 Economic Development, Objective #6, leverage private Investment that results In a tax base expanslon and Job creation citywide, Strategy A, (Identify and market underutlilzed properties (oity and non -cIty owned) for new development that will create now Jobs and expand the City's tax bass), CNMIRQNMINTAL I P C There is no environmental limpact associated with this action, FISCAL IMPAC There Is no fiscal Impact associated with this action, "1 Executive Director Community Development Agency Sonle R, Carvaltio City Attorney MM Exhibit, 1, location Map 75A -2 ENA YMCA YMCA BUILDING 209 WEST CIVIC CENTER DRIVE _ 600 FEET 1" - 1000 FEET P L A N N A N 0 9 U I L O I N A 9 E N EXHIBIT 1 VICINITY MAP 75A -3 75A -4 ROH — 10/06/15 RESOLUTION NO.2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING NEGOTIATION FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 205 WEST CIVIC CENTER DRIVE 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 YMCA building, located at 205 West Civic Center Drive, was purchased in 1992 and has been vacant since that time. Last fall the City entered into an Exclusive Negotiating Agreement with St. Joseph Health System and Taller San Jose to lay out the parameters, deal points, and the performance milestones of a development agreement. B. St. Joseph Health System and Taller San Jose intend to create a multi- purpose place of gathering for health, wellness and learning in the YMCA building with the following activities: medical fitness; vocational training to youth; and, primary care and worksite wellness. C. St. Joseph and their team of consultants have been working over the past year and have completed their assessment of the re -use potential of the YMCA building. They have also assisted greatly in evaluating the environmental remediation necessary associated with the airborne lead and asbestos contamination. D. This property was never put to use by the City; instead, it was held for purposes of exchange or sale. The property is not necessary for the City's use. E. The City finds that the development of the property as a wellness and fitness center would serve the public interest by providing much needed programming for residents of the City of Santa Ana. F. Santa Ana Municipal Code section 2 -706 establishes the procedures for the sale of City -owned surplus real property. Under these procedures, Exhibit 2 Resolution No. 2015 -xxx 75A -5 Page 1 of 3 following council authorization for sale, City -owned surplus real property shall be sold by competitive bidding to the highest bidder subject to final authorization of the City Council. G. As permitted by Santa Ana Municipal Code section 2 -709, the sale of City - owned real property may be exempted from this manner of sale upon 2/3 vote of the City Council after a duly noticed public hearing, whereby the sale may instead be made upon a basis of direct negotiations without the necessity for public auction or competitive bidding, when the authority to so negotiate has been granted by the City Council. H. On October 6, 2015, the City Council held a duly noticed public hearing after which a 2/3 majority of the City Council voted to exempt the sale of the real property at 205 West Civic Center Drive from competitive bidding and authorize direct negotiations for its sale with St. Joseph Health System and Taller San Jose, entities that intend to develop the site as a wellness and fitness center. Section 2. The City Council of the City of Santa Ana hereby exempts the sale of the City -awned real property at 205 West Civic Center Drive from the competitive bidding procedures in Santa Ana Municipal Code section 2 -706 and authorizes the City Manager or his designee to negotiate directly for its sale with St. Joseph Health System and Taller San Jose, in accordance with Santa Ana Municipal Code section 2 -709. 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 6" day of October, 2015. APPROVED AS TO FORM: Sonia R Carvalho, City Attorney e Attorney Miguel A. Pulido Mayor 75A -6 0 Resolution No. 2015 -xxx Page 2 of 3 AYES NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council Resolution No 2015 -XXX to be the original City of Santa Ana on October 6, 2015. Date do hereby attest to and certify the attached resolution adopted by the City Council of the Clerk of the Counci City of Santa Ana 75A -7 Resolution No. 2015 -xxx Page 3 of 3 75A -8