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HomeMy WebLinkAbout FULL PACKET_2016-01-19MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 15, 2015 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 6:01 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO (6:03 p.m.) PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: P. DAVID BENAVIDES STAFF Present: CARLOS ROJAS, Chief of Police (Acting for City Manager) SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council FERNI ANTHONY NISHIZAKI, MACARTHUR FUNDAMENTAL INTERMEDIATE SCHOOL CURTIS SMITH, POLICE CHAPLAIN CERTIFICATE OF TRIBUTE presented by MAYOR PULIDO, MAYOR PRO TEM SARMIENTO, AND COUNCILMEMBERS AMEZCUA, MARTINEZ, REYNA AND TINAJERO commemorating the life of Tin Nguyen presented to The Nguyen Family. SPECIAL PRESENTATION by the Orange County Transportation Authority (OCTA) on various projects impacting Santa Ana CITY COUNCIL MINUTES 1 DECEMBER 15, 2015 1 0A -1 PUBLIC COMMENTS • Catalina Iniestra, thanked City Council for adding a crossing guards at Kennedy Elementary School • Mayor Pro Tern Sarmiento, thanked Police Chief for addition of temporary crossing guard while matter being studied. • Rick Niedermeyer, spoke on Agenda Item 13A, concerned that Public Safety Council Committee met for a special meeting to discuss important matter — firework stands. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 25K, with the following modifications: • Councilmember Martinez, commented on Agenda Items 20A, 20C, 25A, 25B, 25C, 25D, 25E, and 25G; recorded a "No" vote on Agenda Items 20A and 20C; proposed amended motion on Agenda Item 251; • Councilmember Reyna, commented on Agenda Item 25H; and • Councilmember Amezcua, commented on Agenda Items 19E and 25C. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Pulido, Martinez, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides(1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion: ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 1, 2015 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Approve minutes. ORDINANCES /SECOND READING CITY COUNCIL MINUTES 2 DECEMBER 15, 2015 1 0A -2 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: AMENDING CHAPTER 39 OF THE MUNICIPAL CODE TO DEFINE SEWER LATERAL OWNERSHIP {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Placed on first reading at the December 1, 2015 City Council meeting and approved by a vote of 7 -0. Published in the Orange County Reporter on December 4, 2015. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2887 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 39, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO SEWER FACILITIES BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES — AGENDA AND MINUTES {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Code of Ethics 11/30/2015 Public Safety and Neighborhood Improvement 11/2412015 Development and Transportation 12/09/2015 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE 19B. AGENDA ITEM TAKEN OUT OF ORDER 19C. STRATEGIC PLAN MONTHLY REPORT FOR NOVEMBER 2015 {STRATEGIC PLAN NO. 5, 1) - City Manager's Office MOTION: Receive and file. CITY COUNCIL MINUTES 3 DECEMBER 15, 2015 1 0A -3 19D. PROJECT COMPLETION UPDATE: MAPLE BIKE TRAIL SAFETY ENHANCEMENTS AT OCCIDENTAL STREET, ST. ANDREW PLACE, AND ST. GERTRUDE PLACE (PROJECT 136797) {STRATEGIC PLAN NO. 6, 1 B & 1 G) - Public Works Agency MOTION: Receive and file. 19E. FIRE SERVICE ENHANCEMENTS REPORT {STRATEGIC PLAN NO. 5, 11 — Orange County Fire Authority MOTION: Receive and file. 19F. DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 1} - Personnel Services Agency - Clerk of the Council Office MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT AND AGREEMENTS - BUS PASSENGER SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) {STRATEGIC PLAN NO. 3, 2C} - Public Works Agency MOTION: 1. AGMT NO. 2015 -283 - Authorize the City Manager and Clerk of the Council to execute a site license agreement with Tres Estrellas de Oro, to compensate the City $6,000 per month for use of the license area, subject to non - substantive changes approved by the City Manager and City Attorney, for bus passenger services at the Santa Ana Regional Transportation Center. CITY COUNCIL MINUTES 4 DECEMBER 15, 2015 1 0A -4 2. AGMT NO. 2015 -284 - Authorize the City Manager and Clerk of the Council to execute a one -year site lease agreement with Tres Estrellas de Oro, to compensate the City $1,786 per month for use of lease area, subject to non - substantive changes approved by the City Manager and City Attorney, for bus passenger services at the Santa Ana Regional Transportation Center, with four one -year extension options exercisable by the City Manager. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -067 - Recognizing lease income in the amount of $93,432 into the SARTC Operations Rental — Tres Estrellas de Oro Revenue Account and appropriating the same amount to the SARTC Operations Contractual Services expenditure account. *Councilmember Martinez voted "No" on Agenda Item 20A. 20B. APPROPRIATION ADJUSTMENT AND MEMORANDUM OF UNDERSTANDING FOR PUBLIC SAFETY REALIGNMENT AND POSTRELEASE COMMUNITY SUPERVISION {STRATEGIC PLAN NO. 1, 361 - Police Department MOTION; 1. AGMT NO. 2015 -285 - Authorize the City Manager and Clerk of the Council to execute the attached one -year Memorandum of Understanding with the County of Orange, for the period of July 1, 2015 through June 30, 2016, for cost reimbursement in an amount of $173,568.66, subject to non - substantive changes approved by the City Manager and City Attorney 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -066 - Recognize $6,010.66 in reimbursement funds from the County of Orange in revenue account and appropriate same to expenditure account. 20C. APPROPRIATION ADJUSTMENT FOR DOWNTOWN ENHANCEMENTS AND PARKING MODERNIZATION IMPROVEMENTS RELATED TO THE PARKING GARAGE FACILITIES {STRATEGIC PLAN NO. 3, 4B} - City Manager's Office MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 5 DECEMBER 15, 2015 1 0A -5 APPROPRIATION ADJUSTMENT NO. 2016 -066 - Approve an appropriation adjustment for FY 15 -16 and FY 16 -17 to recognize $3,500,000 from recognized prior year fund balance and appropriating $3,500,000 into the Downtown Enhancements expense account. "Councilmember Martinez voted "No" on Agenda Item 20C. PROJECTS /CHANGE ORDERS 23A. TERMINATE CONTRACT FOR SEVENTEENTH STREET WATER MAIN IMPROVEMENTS, BRISTOL TO BROADWAY (PROJECT 11 -6416) {STRATEGIC PLAN NO. 6, 1 B) - Public Works Agency MOTION: 1. Authorize the Executive Director of Public Works to terminate for convenience the contract extended to Paulus Engineering for construction of the Seventeenth Street Water Main, originally awarded in the amount not to exceed of $1,832,571, but now closing the contract for a $1,287,167.64 total. 2. Approve Change Order No. 2 in the amount of $178,184.15 which is a contract increase to pay for remaining inventory of water main material. 3. Approve Change Order No. 3 which is a final closeout credit, reducing the contract by $818,547. AGREEMENTS 25A. AMENDMENT TO SUBRECIPIENT AGREEMENTS FOR EMERGENCY SERVICES GRANT (STRATEGIC PLAN NO. 5, 6) - Community Development Agency MOTION: 1. AGMT NO. 2015 -286 - Authorize the City Manager and Clerk of the Council to execute an amendment to the Emergency Solutions Grant Subrecipient Agreement with Illumination Foundation to increase the compensation by $25,786.34 to provide housing assistance for Civic Center homeless individuals and families in a total amount not to exceed $89,536.34 for the period of July 1, 2015 through June 30, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 6 DECEMBER 15, 2015 1 0A -6 2. AGMT NO. 2015 -287 - Authorize the City Manager and Clerk of the Council to execute an amendment to the Emergency Solutions Grant Subrecipient Agreement with Mercy House Living Centers to increase the compensation by $25,786.33 to provide housing assistance for Civic Center homeless individuals and families in a total amount not to exceed $113,286.33 for the period of July 1, 2015 through June 30, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. 25B. AGMT NO. 2015 -288 - CUSTODIAL SERVICES IN PARK BUILDINGS {STRATEGIC PLAN NO. 6, 113} - Parks, Recreation & Community Services Agency Councilmember Martinez, requested terms of contract of future contacts not allowing early termination clause. MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Xanadu Service System, Inc. for $43,638.32, for a term from January 1, 2016 to May 31, 2016, subject to non - substantive changes approved by the City Manager and the City Attorney. 25C. AGMT NO. 2015 -289 - PLANNING AND ENVIRONMENTAL SERVICES FOR THE SANTA ANA GENERAL PLAN CIRCULATION ELEMENT UPDATE (STRATEGIC PLAN NOS. 3, 2A & 5, 6B) - Planning and Building Agency and Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with IBI Group for planning and environmental services to prepare the General Plan Circulation Element update, for a period no longer than eighteen months expiring June 30, 2017 for an additional amount of $80,245 not to exceed a total contracted amount of $613,245, subject to non - substantive changes approved by the City Manager and City Attorney. 25D. AGMT NO. 2015 -290 - PAVEMENT MANAGEMENT SERVICES (PROJECT 16 -6855) {STRATEGIC PLAN NO. 6, 1A & 1 F} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Bucknam Infrastructure Group, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, for a one -year term to expire on December 31, 2016, for a total amount not to exceed $89,000. CITY COUNCIL MINUTES 7 DECEMBER 15, 2015 1 0A -7 25E. AGMT NO. 2015 -291 - COOPERATIVE AGREEMENT FOR IMPLEMENTATION OF ARTERIAL PAVEMENT MANAGEMENT PROGRAM PROJECTS (NON - GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 G) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute the Cooperative Agreement (C -5 -3632) with the Orange County Transportation Authority for implementation of two Arterial Pavement Management Program projects, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. AGMT NO. 2015 -292 - PURCHASE PROPERTY LOCATED AT 1725 NORTH BRISTOL STREET (APN 399 - 085 -11) FOR BRISTOL STREET IMPROVEMENTS (PROJECT NO. 116740) (NON - GENERAL FUND) (STRATEGIC PLAN NO. 6, 1G; & 3,2C) -Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement with Eusebio Santiago Antonio and Judith Santiago, husband and wife, as joint owners of the property, in the amount of $617,000, for the full purchase price for said real property and goodwill (if any), subject to non - substantive changes approved by the City Manager and City Attorney. 25G. AGMT NO. 2015 -293 OUTREACH (PROJECT Public Works Agency - BICYCLE SAFETY EDUCATION AND 16 -6866) (STRATEGIC PLAN NO. 1, 3B) - MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Alta Planning & Design, subject to non - substantive changes approved by the City Manager and City Attorney, for a one -year period expiring December 31, 2016, in an amount not to exceed $100,000. 25H. PHASE TWO OF THE (STRATEGIC PLAN NO. Public Works Agency UTILITY CABINET PILOT ART PROGRAM 5, 5B) - Community Development Agency and MOTION: Authorize the City Manager and the Clerk of the Council to execute agreements in an amount of $200 per cabinet, subject to non - substantive changes approved by the City Manager and City Attorney with the following artists: 1. AGMT NO. 2015 -294 - Crisselle Mendiola CITY COUNCIL MINUTES 8 DECEMBER 15, 2015 1 0A -8 2. AGMT NO. 2015 -295 - Fernando Olivares 3. AGMT NO. 2015 -296 - Alberto Donjuan 4. AGMT NO. 2015 -297 - Darren Hostetter 5. AGMT NO. 2015 -298 - Kristy Moreno, and 6. AGMT NO. 2015 -299 - Joseph A. Castro 251. AGMT NO. 2015 -300: SOLID WASTE CONSULTING SERVICES {STRATEGIC PLAN NO. 4, 1 AND 51 - Public Work's Agency Councilmember Martinez, requested item continued to review terms of contract. Acting City Manager Rojas, indicated that matter is time sensitive. Public Works Executive Director, Fred Mousavipour, indicated that consultant contract is connected to pavement and safe mobility program that will research data prior to City Council approval. Consultant will provide staff with raw data needed to formulate Request for Proposal. Councilmember Martinez, concerned that consultant will recommend solid waste contractor until questions answered. City Council, unanimously directed staff not to move forward with the solid waste provision of the contract. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Sloan Vasquez, LLC, subject to non - substantive changes approved by the City Manager and City Attorney, to provide solid waste consulting services for a three -year period expiring December 31, 2018, in an amount not to exceed $164,654. MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Pulido, Martinez, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides(1) CITY COUNCIL MINUTES 9 DECEMBER 15, 2015 1 0A -9 25J. AGMT NO. 2015 -301 - DONATION AGREEMENT WITH EL CENTRO CULTURAL DE MEXICO {STRATEGIC PLAN NO. 5, 41 - City Manager's Office MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with El Centro Cultural de Mexico for a one- time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. 25K. AGMT NO. 2015 -302 - AMENDMENT TO AGREEMENT FOR - ENVIRONMENTAL SERVICES {STRATEGIC PLAN NO. 5, 4} - Community Development Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with Rincon Consultants, Inc. to increase the agreement amount by an additional $65,000 for a total amount not to exceed $90,000 through December 31, 2017, for the provision of environmental consultant services, subject to non - substantive changes approved by the City Manager and City Attorney. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS ORDINANCES /FIRST READING 50A. EL NINO EMERGENCY PREPARATION PLAN; URGENCY ORDINANCE UPDATING DECLARATION OF EMERGENCY PROCEDURES; PRE - QUALIFIED VENDORS FOR EL NINO RELATED EMERGENCY SERVICES {STRATEGIC PLAN NO. 1, 2E} - City Attorney's Office Presentation by Steve Rhyner, Emergency Operations Coordinator and Orange County Fire Authority Meteorologist, Pete Curran. Councilmember Martinez, requested consideration to increase expenditure limit and City to evaluate flood insurance for our assets. MOTION: 1. Receive and file report on City's El Nino Emergency Preparation Plan. 2. Adopt an emergency ordinance. (Requires five affirmative votes) CITY COUNCIL MINUTES 10 DECEMBER 15, 2015 1 0A -10 ORDINANCE NO. NS -2888 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING DIVISION 3 OF ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING EMERGENCY SERVICES 3. Authorize the City Manager to approve up to $250,000 in expenditures for El Nino related emergency services based on a pre - qualified vendors list, subject to non - substantive changes by the City Manager and the City Attorney. MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Martinez, Reyna, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Pulido (2) *Councilmember Tinajero, reported a potential conflict of interest and abstained and left the dais during discussion of Agenda Item 50B. 50B. ORDINANCE TO REAFFIRM A BAN ON THE CULTIVATION AND DELIVERY OF MARIJUANA {STRATEGIC PLAN 1; 3; 4; 5) - City Attorney's Office MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2889 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO REAFFIRM A BAN ON THE CULTIVATION AND DELIVERY OF MARIJUANA MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Amezcua Amezcua, Martinez, Reyna, Sarmiento (4) None (0) Tinajero (1) Benavides, Pulido (2) CITY COUNCIL MINUTES 11 DECEMBER 15, 2015 1 0A -11 RESOLUTIONS 55A. CONTRACT EXTENSION FOR OFFICIAL DEPOSITORY SERVICES ( "BANKING SERVICES') FOR SIX MONTH PERIOD COMMENCING JANUARY 1, 2016 (STRATEGIC PLAN NO. 4, 1) - Finance & Management Services MOTION; 1. Adopt a resolution. RESOLUTION NO. 2015 -067 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE DESIGNATION OF JP MORGAN CHASE BANK, N.A., AS THE DEPOSITORY FOR CITY OF SANTA ANA FUNDS, EFFECTIVE JANUARY 1, 2016, AND DESIGNATING SIGNATORIES AUTHORIZED FOR THE PURPOSE OF WITHDRAWAL OF SAID FUNDS 2. AGMT NO. 2015 -303 - Authorize the City Manager and the Executive Director of Finance and Management Services Agency to execute an amended agreement extending the existing Bank Depository Services ( "Banking Services ") Agreement (A -2010- 204) for a six month period (January 1, 2016 through June 30, 2016), with provision for an optional additional six month extension (July 1, 2016 through December 31, 2016), exercisable by the City Manager and City Attorney, for an amount not to exceed $22,500 per each six month term, with provision for payment of claims for a six month period following the termination of said amended agreement, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: SECOND: VOTE: AYES: Amezcua, Pulido, Martinez, Reyna, Sarmiento, (5) NOES: None (0) ABSTAIN: Tinajero (1) ABSENT: Benavides (1) 55B. APPROPRIATION ADJUSTMENT, RESOLUTION AND AGREEMENT ACCEPTING 2015 COMMUNITY ORIENTED POLICING SERVICES CITY COUNCIL MINUTES 12 DECEMBER 15, 2015 1 0A -12 (COPS) HIRING GRANT FUNDS (STRATEGIC PLAN NO. 1, 3B and 1, 1 F) - Police Department MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -068 - Recognizing $1,250,000 in 2015 COPS Hiring Grant funds in revenue account, and appropriating same to expenditure account. 2. Adopt a resolution. RESOLUTION NO. 2015 -068 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD TEN FULL TIME POLICE OFFICER POSITIONS IN THE POLICE DEPARTMENT. 3. AGMT NO. 2015 -304 - Authorize the City Manager and the Clerk of the Council to execute a three -year agreement with the U.S. Department of Justice, for the period of September 1, 2015 through August 30, 2018, for the 2015 COPS Hiring Grant in an amount not to exceed $1,250,000, subject to non- substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Martinez, Reyna, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Pulido (2) 55C. AMENDMENT TO EXECUTIVE MANAGEMENT CLASSIFICATION AND COMPENSATION PLAN {STRATEGIC PLAN NO. 7, 61 - Personnel Services Agency Councilmember Martinez, expressed opposition as it relates to inequity with other bargaining groups; no cost analysis as it pertains to retirement provided for review. Councilmember Reyna, spoke in support of matter; City Manager and staff have moved the City in the right direction. CITY COUNCIL MINUTES 13 DECEMBER 15, 2015 1 0A -13 Mayor Pulido, also opposed due to long term liability. MOTION: Adopt a resolution. RESOLUTION NO. 2015 -069 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015 -026 TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN FOR CERTAIN CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT MOTION: Tinajero SECOND: Reyna VOTE: AYES: Amezcua, Reyna, Sarmiento, Tinajero (4) NOES: Pulido, Martinez (2) ABSTAIN: None (0) ABSENT: Benavides (1) AGENDA ITEM TAKEN OF ORDER — CONSENT CALENDAR ITEM 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Councilmember Benavides from said meeting. MOTION: Martinez SECOND: Reyna VOTE: AYES: Amezcua, Pulido, Martinez, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) REPORTS 65A. ANNUAL REVIEW OF COUNCIL COMMITTEES AND APPOINTEES {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office CITY COUNCIL MINUTES 14 DECEMBER 15, 2015 1 OA -14 MOTION: Continue consideration of matter to the January 19, 2016 City Council meeting. MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Martinez, Reyna, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Pulido (2) 65B. REVIEW OF REGIONAL BOARD APPOINTEES {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Continue consideration of matter to the January 19, 2016 City Council meeting. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: PUBLIC HEARINGS SECOND: Amezcua Amezcua, Martinez, Reyna, Sarmiento, Tinajero (5) None (0) None (0) Benavides, Pulido (2) 75A. 2016 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT {STRATEGIC PLAN NO. 3, 4F} - Community Redevelopment Agency Legal Notice published in the Orange County Reporter on December 4, 2015. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. MOTION: Adopt a resolution confirming the Assessment Report and levying the assessment for 2016. CITY COUNCIL MINUTES 15 DECEMBER 15, 2015 1 0A -15 RESOLUTION NO. 2015 -070 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2016 MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Reyna, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: Martinez (1) ABSENT: Benavides, Pulido (2) 75B. ADOPT THE SANTA ANA CLIMATE ACTION PLAN AND ASSOCIATED NEGATIVE DECLARATION {STRATEGIC PLAN NO. 4, 1; 51 - Public Works Agency Legal Notice published in the Orange County Reporter on December 4, 2015. Mayor Pro Tern Sarmiento opened the Hearing. Staff report presented by Public Works Project Manager Christy Kindig: Laws and Regulations • Assembly Bill 32 — California Global Warming Solutions Act of 2006 • Senate Bill 97 — California Environmental Quality Act (CEQA) • Senate Bill 375 — Sustainable Communities & Climate Protection Act of 2008 • Executive Order B -30 -15 issued April 2015. Establishes statewide greenhouse gas reduction goal for 2030. • Adoption of the Paris Agreement - United Nations, 12/12/15. Reduces pollution levels so that the rise in global temperatures is limited to 2 degrees Celsius (3.6 degrees Fahrenheit). What Does Climate Action Mean for Santa Ana? • Santa Ana becomes more livable and comfortable • Important benefits of implementing a Climate Action Plan: • Improves air quality • Lowers energy usage • Reduces fossil fuel reliance • Reduces traffic congestion • Provides more pedestrian and bicycle options • Improves public health CITY COUNCIL MINUTES 16 DECEMBER 15, 2015 1 0A -16 Uses natural resources more efficiently 2008 Community Emissions Inventory Other Wastewater_ aoi' 7% Water 2% Waste 3% Approximately 5.5 MTC01e per capita (Lower than most cities in California) Emissions Reduction Goals • City Council Adopted Community Emissions Reduction Goals: 0 15% below 2008 emissions by 2020 0 30% below 2008 emissions by 2035 • City Operations Emissions Reduction Goals: 0 30% below 2008 emissions by 2020 0 40% below 2008 emissions by 2035 Climate Action Plan Measures • Tasks /Actions to reduce greenhouse gas (GHG) emissions. • Received input from stakeholders, community, and City steering committee. • Measures were confirmed by City staff as supportable and implementable. Climate Action Plan Measures CITY COUNCIL MINUTES 17 DECEMBER 15, 2015 1 0A -17 Community Municipal Emissions Emission —wide Operations Reduction- Reduction - Measures Measures 2020 2035 (MTCO2) (MTCO2) Transportation 11 1 9,150 73,873 and Land Use Energy 13 6 36,423 47,909 Solid Waste, 4 0 9,097 13,811 Water and Wastewater State 2 0 312,328 518,701 Mandates CITY COUNCIL MINUTES 17 DECEMBER 15, 2015 1 0A -17 Existing 5 6 51,898 76,796 Programs Totals 35 13 418,896 731,090 Climate Action Plan and Negative Declaration Timeline 1. City Publishes Notice of Intent in Newspaper 2. Public Review Process 3. Committee and Commission Meetings 4. City Council Approval in 2015 5. Implementation and Monitoring 6. Re- inventory and CAP Update There were no speakers and the Mayor closed the Hearing. Councilmember Martinez, thanked staff for efforts; long overdue and part of sustainable communities strategy; stated that these are pioneer changes that should be noted at the Federal level - tied to land use, water and transportation efforts; need to apply for grant funding for implementation and important to broadcast efforts. Mayor Pro Tern Sarmiento, recommended draft issue items be provided to the White House, may be used to convey Santa Ana's compelling story by the President, Obama, at the State of Union Address. Councilmember Amezcua, thanked staff for efforts to bring Plan forward. Mayor Pulido, noted that California Energy Commission and Southern California Edison offered grant funds, but missed deadline; asked staff to capture information and prepare for future opportunities. MOTION: 1. Approve and adopt the Negative Declaration affirming that the environmental impact of the Santa Ana Climate Action Plan policies and procedures has been found to be less than significant and requires no mitigation measures. 2. Adopt a resolution. RESOLUTION NO. 2015 -071 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE SANTA ANA CLIMATE ACTION PLAN AND ASSOCIATED NEGATIVE DECLARATION MOTION: Martinez VOTE: AYES: SECOND: Tinajero Amezcua, Pulido, Martinez, Reyna, Sarmiento, CITY COUNCIL MINUTES 18 DECEMBER 15, 2015 1 0A -18 Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. HOUSING SUCCESSOR ANNUAL REPORT FOR FY 2014 -15 — LOW AND MODERATE INCOME HOUSING ASSET FUND {STRATEGIC PLAN NO. 5, 1} MOTION: Receive and file. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Pulido, Martinez, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides(1) CITY COUNCIL RECESSED AT 8:23 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED THE CITY COUNCIL MEETING AT 8:31 P.M. WITH SAME MEMBERS PRESENT. COMMENTS PUBLIC COMMENTS • Ric Rhinehatu, pleased with improvements in Downtown core; requested assistance in locating parking policy — would like to move closer to their business location. • Councilmember Martinez, requested staff set -up meeting with business owner to assist with issue. • Bruce Bauer, advocated in favor of ordinance to allow bee keeping. • Sonora Ortiz, spoke on behalf of the Downtown Santa Ana Farmer's Market, supports legalizing bee keeping. CITY COUNCIL MINUTES 19 DECEMBER 15, 2015 1 0A -19 • Christina Hall, spoke on behalf of the Whole Food Access Coalition - serve as food quality council, supports residential bee keeping; offered assistance in developing policy. • Anna Maria Desiplis, urban farmer, supports bee keeping and sustainable practices; offered workshops to educate community on safety measures. • Rick Niedermeyer, wished all happy holidays; representative of Santa Ana Youth Soccer Leagues; concerned with Parks and Recreation Policy Manual approved many years ago that has not been updated and guidelines not followed; invited all on January 9t" to Centennial Park for championship games. • Ilya Tseglin, indicated that his goal in making comments is to protect his son from abuse at group home and improve communication with police department. • Robert Tseglin, requested assistance in reporting abuse of his brother in group home with the assistance of the police department. • Mayor Pulido, requested staff review ordinances of surrounding communities on bee keeping. • Councilmember Amezcua, concurred and asked staff to set up meeting with coalitions. • Councilmember Martinez, supports recommendation on local food supply policy; need to look at alternatives on urban gardening; look forward to working with local food coalition. 90A. CITY MANAGER'S COMMENTS - None 90B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez: Wished all Merry Christmas, Happy Holidays and New Year; look forward to working with colleagues and staff in the coming year. Councilmember Tinajero: • Happy Holidays to all; reflect on blessings and appreciate family and friends; thanked all for efforts. Mayor Pro Tern Sarmiento: • Thanked all for hard work and dedication to the community; • Happy Holidays, Feliz Navidad and blessings to all; • Reflected on the life of Tin Nguyen and noted that many policy decisions need to be discussed including gun control; and • Requested next meeting be adjourned in memory of daughter of Dona Penaflorwho succumbed to cancer. Councilmember Amezcua: • Thanked staff for another successful Plaza Navidad event; • Attended ribbon cutting of Plaza Calle Cuatro event; • Requested update of clean -up efforts; and CITY COUNCIL MINUTES 20 DECEMBER 15, 2015 1 OA -20 • Wished all Happy Holidays and best wishes in the coming year. Councilmember Reyna: • Urged all to conserve water; • Announced that April 23 -24 will host annual Relay for Life event; and • Happy Holidays, Merry Christmas and please shop in Santa Ana. Mayor Pulido: • Asked all to be mindful of Climate Action Plan and proactive efforts; • Adjourned in memory of Tin Nguyen; City to review policies that may curtail gun violence; and • Rejoice in the Christmas and holiday spirit. ADJOURNED- 9:12 p.m. - The next meeting of the City Council is scheduled for Tuesday, January 19, 2016 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. Adjourned in Memory of Tin Nguyen Maria Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Mater Del High School Parking Structure Project • Community Engagement Plan • General Plan Update CITY COUNCIL MINUTES 21 DECEMBER 15, 2015 1 OA -21 1 OA -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: ORDINANCE SECOND READING: REAFFIRM A BAN ON THE CULTIVATION AND DELIVERY OF MARIJUANA {STRATEGIC PLAN NO. 5, 1) CITY MANA ER Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On December 15, 2015, the following Ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4 -0 (Tinajero abstained; Benavides and Pulido absent): ORDINANCE NO. NS -2889 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO REAFFIRM A BAN ON THE CULTIVATION AND DELIVERY OF MARIJUANA 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_cnmprQhensive comm -unity 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 -2889 11 A -1 11 A -2 SMS 12/16/15 ORDINANCE NO, NS AN ORDINANCE OF THE CITY' COUNCIL OF THE CITY OF SANTA ANA TO REAFFIRM A BAN ON THE CULTIVATION AND DELIVERY OF MARIJUANA WHEREAS, in 1996, the California electorate approved Propositlon 215, the Compassionate Use Act of 1996 ( "CUA "), which allows a patient, with a doctor's recommendation, to use marijuana for medical purposes without the fear of prosecution or arrest; and WHEREAS, in 2003, the California legislature passed Senate Bill 420 (Medical Marijuana Program Act [ "MMP "]) which amended the Health and Safety Code to permit the establishment of medical marijuana dispensaries for the distribution of marijuana for medical purposes; and WHEREAS, in 2013, the California Supreme Court held that cities could regulate or ban medical marijuana dispensaries; and WHEREAS, on November 4, 2014, the voters of the City of Santa Ana approved Measure BB (Ordinance No. NS -2864) to regulate -the establishment, operation, and taxation of Medical Marijuana Collectives and Cooperatives. This Ordinance amended Chapter 18 of.the Santa Ana Municipal Code.and included sections that addressed operational standards, business taxation requirements, and enforcement regarding medical marijuana collectives; and WHEREAS, on October 9, 2015, Governor Jerry Brown signed three bills (AB 243, AB 266, and SB 643) that regulate marijuana from "seed to sale" in the state of California. Specifically, AB 266 provides local control to ban cultivation and delivery services of marijuana. For municipalities that elect to ban cultivation and delivery services, A13266 requires that local government enact specific ordinances to ban the cultivation and delivery services of marijuana within their borders; and WHEREAS, Ordinance NS -2864 addressed on -site cultivation and impliedly addressed delivery services of marijuana within the City; and WHEREAS, the City of Santa Ana has a compelling Interest in ensuring that marijuana is not distributed In an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, and in preserving the lawful use of land within Its borders; Ordinance No. NS -XXX Page 1 of 3 11 A -3 SMS 12/15/15 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HERESY {'ORDAIN AS FOLLOWS; Section 1. The City Council hereby adopts the recitals and findings set forth above and in the request for Council action -staff report prepared in connection with this ordinance. Section 2. Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended as follows: Chapter 18 ARTICLE Xill. MEDICAL MARIJUANA COLLECTIVES /COOPERATIVES 18 -620. Compliance with this article and state law (e) Cultivation of marijuana or medical marijuana is prohibited anywhere in the City. No person, including a qualified patient or primary caregiver, shall cultivate marijuana or medical marijuana in the City. (f) Delivery services of marijuana or medical marijuana are prohibited anywhere in the City. No person or business shall operate delivery services of marijuana or medical marijuana or mobile dispensaries within the City. 5,q ct ion 3. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. ADOPTED this day of 2015. APPROVED AS TO FORM: Sonia R. Carvaiho, City Attorney v' andra M. Schwarzmann k City Attorney Miguel A, Pulldo Mayor 11 A -4 Ordinance No. NS -XXX Page 2 of 3 SMS 12115/15 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be -the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A -5 Ordinance No. NS�XXX Page 3 of 3 11 A -6 CITY OF SANTA ANA' COUNCIL COMMITTEE SPECIAL MEETING AGENDA FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY December 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 November 9, 2015, Regular Meeting 2. Discussion on Inclusionary Housing Fund Policy {Strategic Plan No. 5, 3b) (Kelly Reenders, CDA) 3, Discussion on Placemaking Program Recommendations {Strategic Plan No. 3, 4a) (Victor Negrete, CDA) Update on Fiscal Year 2014 -2015 Audit {Strategic Plan No. 4, 1 c) (Francisco Gutierrez, FMSA) a. Financial results b. Audit opinion c. Audit process 16-d(714) If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at 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. Pulido, Vincent F. Sarmlento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Sal Tinajero, Mayor Mayor Pro Tern Ward Ward Ward Ward Ward WuldoetsaM ana Ward t MMarunen sm,fa.ana.oro dAmezcual�senla -ene D6enavldesratsenla- ana.om Raew r2mmamneore T$- InJeralAaaMa -anao V9armlenf�aenfo-ana.om City Hall, 20 Civic Center Plaza a P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone; 714. 647 -6900 • Agenda Item Inquiries: 714. 647.6520 s website: www.santa- ana.ora 13B -1 FEDT Agenda (Special Meeting) 2 December 14 2015 STAFF MEMBER COMMENTS: COMMITTEE MEMBER COMMENTS: ADJOURNMENT — Next regularly scheduled meeting is Monday, January 11, 2016 13B -2 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY REGULAR MEETING MINUTES NOVEMBER 9, 2015 CALL TO ORDER: City Hall 20 Civic Center Plaza, Room 1800 Santa Ana, CA 5:39 p.m. ATTENDANCE: Council Committee members: Michele Martinez, Chairperson Vincent Sarmiento, Vice - Chairperson Vacant, Committee Member #3 MEMBERS ABSENT: STAFF PRESENT: GUESTS PRESENT: PUBLIC COMMENTS None rjejag 111711101 , 1,14fe • None Francisco Gutierrez, FMSA Sergio Vidal, FMSA Teresa Ramirez, FMSA Bich Ta, FMSA Sarah Ro, FMSA Maria Huizar, COTC Pete Katz, Com -Link David Cavazos, City Manager Robert Cortez, CMO Kelly Reenders, CDA Marc Morley, CDA Victor Negrete, CDA Jorge Garcia, CMO Alma Flores, CMO 1. Approval of Minutes from the September 14, 2015 Regular Meeting. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Martinez, Sarmiento (2) NOES: None (0) ABSENT: None (0) Comment to minutes: November 9, 2015 1 Finance, Economic Development, & Technology Minutes 13B -3 a. Economic Development Strategic Plan - if staff could give update on make up of members; what councilmembers have appointed members to what task force if additional members added, and next steps. b. Hotel Incentive Program - continued item due to public discussion of issues; in the future make public aware that this will go through committee. Future items like these should be publicized and invite public to committee meetings. 2. Fiscal Year 2014 -2015 Audit Schedule (Strategic Plan No. 4. 1c) - (FMSA) Francisco Gutierrez, Executive Director of Finance and Management Services, provided FY2014 -15 Audit Schedule and status. Auditors have completed interim field work and met with some councilmernbers and chief executive staff. Currently reviewing transactions to support audit opinion. Have reviewed our investment policy and GANN Limit and are in process of reviewing financial statements. CAFR should be issued in mid - December. Formal audit planning correspondence to council on Nov. 17th on scope of audit in accordance with Statements on Auditing Standards. Committee Chair Martinez would like auditors to address committee upon release of CAFR to review findings as they did last year. Special Meeting to be scheduled for Monday, December 14, 2015. 3. Update on Downtown Wayfinding ( Strategic Plan No. 5, 4a) - (CDA) Kelly Reenders, Executive Director of Community Development Agency: Scheduled to take fabrication and installation of the signage contract to council on December 15t. Committee members would like sample of signs or exhibits for council review or beforehand a memo to council members with exhibits. 4. Update on Economic Development Strategic Plan (Strategic Plan No. 3, 1a) — (CDA) Kelly Reenders, Executive Director of Community Development Agency: Various outreach meetings planned for community participation. Format outline will be provided to committee members. Bilingual equipment and translator will be available at meetings. City is doing outreach on various media sources to encourage participation. Multi language media sources will also be contacted for notices to community. Committee members would like other avenues of communication used to reach community. Possibly a public affairs group could be used to get the notices out. Additionally council is here to help get the message out to reach more residents, November 9, 2015 1 Finance, Economic Development, & Technology Minutes 13B -4 5. Update on Citywide Branding Request For Proposals (Strategic Plan No. 3, 1e) — (CDA) Kelly Reenders, Executive Director: Draft RFP has been submitted and is awaiting comments from City Manager's office prior to release. CDA has list of firms who will be receiving RFP and can add any firms requested. (Item taken out of order.) 9. Discuss Enhanced Infrastructure Financing Districts and Community Revitalization and Investment Authority (Strategic Plan No. 3,2 & No. 3,5) — (CDA) Kelly Reenders, Executive Director: This is new government entity that can be created to finance the construction or rehabilitation of public infrastructure and private facilities. Entity can include City, County, Special Districts, but not school districts. Power point presentation provided with additional details. CDA will be looking at areas in Santa Ana that may meet conditions and qualify. Additionally identify partners for partnerships. & Placemaking Grant Program (Strategic Plan No. 3, 4a) — (CDA) Victor Negrete, Downtown Development Liaison: PowerPoint presentation provided with three options 1) Traditional Budget Process; 2) Participatory Budgeting; 3) Crowd - Granting. Committee members would like to see outreach to community soon. File and revisit at Special Meeting of December 14th to move forward to full council in January. (Item taken out of order.) 8. Update on Chief Technology Innovations Officer Recruitment (Strategic Plan No. 6, 11) — (CMO) Robert Cortez, Special Assistant to City Manager, provided update on recruitment: Advertised position on web and different publications. Recruitment has been successful with 112 applicants. Next phase will be screening applicants sometime in December. Hope to have Chief Technology Innovations Officer in place by mid to late January, but no later than February. Committee Chair Martinez would like timeline and process in place for new person when they get on board. November 9, 2015 ( Finance, Economic Development, & Technology Minutes 13B -5 7. Discuss Privacy / Email Policy {Strategic Plan No. 6, 11) — (FMSA) Francisco Gutierrez, Executive Director: provided Electronic Mail and Internet Usage Policies, Acceptable Use Practice, and Remote Access Service to City Computing Systems guidelines. These govern access and limitations, activate users, and identify the acceptable and unacceptable use of each policy. Policies are applicable to part -time and full -time employees. Committee Chair Martinez would like updates of policy to be provided to elected officials too. Would like to make sure policy is understood and protects both the city and staff. As technology evolves, updates to policy should evolve to include new technologies added. Vice -Chair Sarmiento sees this as a privileged and technical legal issue that should include City Attorney and City Clerk's offices as audience to have conversation with. Elected officials have more disclosure requirements that may need to be addressed by City Attorney. City Manager Cavazos agrees that City Attorney should be involved as well as Chief Technology Innovations Officer in policy updates. s � • None None al�yytriF�d 7�:T�i7irihril�:iillli�'il None. COMMITTEE MEMBER COMMENTS: Committee Chair Michele Martinez: For next agenda — good work done by residents on conserving water, energy HERO program, and PACE program. Would like numbers and information from PWA staff on these programs and to possibly research and meet with apartment owners on incentive programs. Arlinurnmwnt — 7-0? n m November 9, 2015 ( Finance, Economic Development, & Technology Minutes V� 13B -6 CITY OF SANTA ANA COUNCIL COMMITTEE MEETING AGENDA (D FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY January 11, 2016 5:30 PM CALL TO ORDER City Hal[, 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 December 14, 2015, Special Meeting 2. Fiscal Year 2014 -2015 Single Audit Schedule (Strategic Plan No. 4, 1 c) (Francisco Gutierrez, FMSA) 3. Update on Economic Development Strategic Plan {Strategic Plan No. 3, 1a} (Kelly Reenders, CDA) 4. Update on Surplus Allocation Fund projects for Fiscal Year 15/16 {Strategic Plan No. 4,1; 6,1,2} (Jorge Garcia, CMO) 1@714) f you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at 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. Police, Mayor MPUlldorasenft - ene.om Mayol Santa Ana City Council Vincent F. Sarmiento, Michele Martinez, Mayor Pro Tom Word Ward 1 MManlne tosanta.ana.o.n V s armlenta osanta.ana. om City Hall, 20 Civic Center Plaza & Council Telephone: 714. 647 -6900 • A Angelica Amezcua, P. David Benavides, Roman Reyna, Sal Tlnajero, Ward Ward Ward Ward AAneeouerasa,ta-eoa om DBenamdesr ta- ana.orn aaa•a,naa „ a,a snnale,orasanta- ana.c, • P.O. Box 1988 • Santa Ana, California 92702 Oenda Item Inquiries: 714- 647.6520 • Wellsil www.santa- ana.ora 13B -7 FEDT Agenda 2 January 11, 2016 STAFF MEMBER COMMENTS: COMMITTEE MEMBER COMMENTS: ADJOURNMENT— Next regularly scheduled meeting is Monday, March 14, 2016 13B -8 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY SPECIAL MEETING MINUTES DECEMBER 14, 2015 CALL TO ORDER: City Hall 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:34 p.m. ATTENDANCE: Council Committee members: Michele Martinez, Chairperson Vincent Sarmiento, Vice - Chairperson Vacant, Committee Member #3 MEMBERS ABSENT: STAFF PRESENT: GUESTS PRESENT: PUBLIC COMMENTS Rwz AGENDA DISCUSSION ITEMS None Francisco Gutierrez, FMSA Sergio Vidal, FMSA Teresa Ramirez, FMSA Bich Ta, FMSA Sarah Ro, FMSA Robert Cortez, CMO Kelly Reenders, CDA Marc Morley, CDA Victor Negrete, CDA Jorge Garcia, CMO Rochelle Mils, Innovative Hsg Opportunities; Peter Katz, Com- Link 1. Approval of Minutes from the November S, 2015 Regular Meeting. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Martinez, Sarmiento (2) NOES: None (0) ABSENT: None (0) December 14, 2015 1 Finance, Economic Development, & Technology Minutes 13B -9 2, Discussion on Inclusionary Housing Fund Policy {Strategic Plan No. 5, 3b) - (CDA) Kelly Reenders, Executive Director of Community Development Agency, provided presentation on Inclusionary Housing Funds Procedures. Housing Opportunity Ordinance establishes separate fund administered by Executive Director to implement purposes of the Inclusionary Housing Fund consistent with requirements of the Housing Opportunity Ordinance and any adopted budget of the City. Option One: Request for Proposal (RFP) from qualified firms for projects. Option Two: Developer Initiated Request for In -Lieu Payment. Vice- Chairperson Sarmiento: Recommends amendment to Option Two process: Change the term to 30 days prior to council taking position on adoption of original underlying project. That would be more true to the process, help it to be clear, and would retain council intent. Chairperson Martinez has been on vacation and did not have a chance to review documents. Not comfortable moving forward on anything. Will review inclusionary item in more detail and will email questions to Kelly Reenders and have conversation with City Manager. Chairperson Martinez accepts friendly amendment. Vice - Chairperson Sarmiento moves item forward. So moved, by Chairperson Martinez. 3. Discussion on Placemaking Program Recommendations {Strategic Plan No. 3, 4a) - (CDA) Victor Negrete, Downtown Development Liaison, reviewed three process options presented at November 9, 2015 on how to implement program: 1) Traditional Budget Process; 2) Participatory Budgeting; 3) Hybrid of matching grant program / crowd funding. Since then has met with staff, Latino Health Access (LHA), and City of Long Beach to discuss program experiences. Long Beach program took 10 months to complete with double funding allowance and expenses. LHA has sent email to City with their recommendations on Placemaking Program. Chairperson Martinez does not want process made too complicated. Would like to see $1,000 to $1,500 projects that show immediate results that will engage community and benefit the local residents. Small creative projects that will be noticed and there is ownership with participation of residents and schools. Get back to committee with information and ideas on use of limited funds to get going without being too complicated. December 14, 2015 1 Finance, Economic Development, & Technology Minutes 13B -10 Vice - Chairperson Sarmiento would like staff to present simple basic path to take with limited funds. Possibly a display of traveling monuments from artists in Mexico, in certain area would be a good intro to placemaking for community. 4. Update on Fiscal Year 2014 -2015 Audit (Strategic Plan No. 4, 1 c) — (FMSA) Francisco Gutierrez, Executive Director, stated FY 2014 -15 Comprehensive Annual Financial Report (CAFR) has been completed. He available for any questions or additional information needed from this complicated report. This report shows the City's current position. Sergio Vidal, Assistant Director of Finance, provided power point presentation with audit results, financial statement results, and pension /OPEB (Other Post Employment Benefits) liabilities. Kathy Lai, CPA from Macias Gini O'Connell, provided power point presentation on audit responsibilities, deliverables, and required communications. Unmodified audit opinion is best opinion, there were no findings. New change for investments is Super National Coupon which City may consider for next report, currently not applicable. Single audit on federal grants (CDBG, Section 8, Housing Opportunity, Workforce Investment, & Homeland Security) to be completed by January 2015. With regard to pensions, Council should encourage management team to work with actuaries to assure City management assumptions are used on estimates in reports. Upcoming accounting and auditing standards were also reviewed and discussed. Chairperson Martinez thankful for all the hard work and is looking for long term stability for City. Internal and external controls very important; keep process in place to continue improvements. Audit reports help educate so sound decisions can be made. Vice -chair Sarmiento would also like us to scrutinize effectively and be careful and judicious in the way we review. Executive Director Francisco Gutierrez appreciates comments and reviews them regularly with staff. ITEMS MOVED TO NEXT COMMITTEE MEETING None PUBLIC COMMENTS: None December 14, 2015 i Finance, Economic Development, & Technology Minutes 13B -11 STAFF MEMBER COMMENTS: Executive Director Francisco Gutierrez: acknowledgement to retiring Accounting Manager, Bich Ta, for 36 years of service to City and is responsible for many of the awards received. COMMITTEE MEMBER COMMENTS: Item to agendize: ProcureAmerica — what are savings? Changes, savings, what do we do with dollar savings? Adjournment -7:33 p.m. Next regularly scheduled meeting is Monday, January 11, 2016, Teresa Rarn, rez, CAP Recording Secretary, CDA December 14, 2015 1 Finance, Economic Development, & Technology Minutes 13B -12 BE CITY OF SANTA ANA LEGISLATIVE CITY COUNCIL COMMITTEE MEETING CANCELLATION NOTICE The regularly scheduled Legislative City Council Committee meeting scheduled for Wednesday, December 23, 2015 at 12 ®00 p.m. has been cancelled. The date of the next meeting is March 23, 2016. 1ZS1If 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. Pulido, Vincent F. Sarmlento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Sal Tinajero, Mayor Mayor Pro Tem, Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MVulitlo0sanlaaneom Ward MMatllnez(o]ranla- ana.om AAmezcuer@-�e -ena — RRevna(a-t ane ST alem(DSanU ana om VSannlento(a —ta- 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 • Website: www.santa- ana,ora 13B -13 13B -14 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION L1 il...:. CANCELLATION NOTICE The City Council Committee meeting on Development and Transportation scheduled for Thursday, January 7, 2016 at 5:00 p.m. has been cancelled. The next meeting will be held Thursday, February 11, 2016 at 5:00 p.m. City Hall Ross Annex Conference Room 1600 20 Civic Center Plaza Santa Ana, California 13B -15 13B -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR DECEMBER 2015 (STRATEGIC PLAN NO. 5, 1) CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for December 2015. DISCUSSION The December 2015 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. The Strategic Plan Monthly Reports are available on the City's website at: http://www.santa-ana.or_q/strategic-planning . STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_1W:ICZ���Iq� ❑ As Recommended ❑ As Amended ❑ Ordinance on 16` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013 -014 outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Exhibit: 1. Memo Request for Destruction of Records — Community Development Agency 2. Obsolete Records Destruction Schedule - Finance & Management Services Agency 1901-1 19D-2 MEMORANDUM Ryan Hodge To: Assistant City Attorney Terri Eggers From: Community Development Agency C IT r, Date: November 30, 2015 Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy the city records identified on the attached listing in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you, �y--t' vo Terri Eggers 19D-3 HOUSING AUTHORITY OF THE CITY OF SANTA ANA RECORDS DESTRUCTION SCHEDULE 2015 Housing Authority Housing Authority Application for Housing Certificate Voucher Expired Voucher Applicant application and correspondence while on wait list Applicant file through voucher issuance Jan — Dec 2011 0 Jan — Dec 2011 1 Application, correspondence and all Housing Authority Tenant File paperwork related to tenant's Jan — Dec 2011 55 participation on the program PREPARED BY: Te rri(Efj rs Date Senior Community Development Analyst Community Development Agency RECORDS DESTROYED: Number of Boxes 19D-4 CONSENT BY: Kelly Reenders Executive Dire( Housing Autho C-'> HOUSING AUTHORITY OF THE CITY OF SANTA ANA Housing Authority Housing Authority RECORDS DESTRUCTION SCHEDULE 2015 Application for Housing Certificate Voucher Expired Voucher Applicant application and correspondence while on wait list Applicant file through voucher issuance Jan — Dec 2010 5 Jan — Dec 2010 1 Application, correspondence and all Housing Authority Tenant File paperwork related to tenant's Jan — Dec 2010 47 participation on the program Terri r Date Senior Community Development Analyst Community Development Agency 11:10101 :111y 53 Number of Boxes 19D -5 CONSENT Y- f a 5 Kelly Reender Date Executive Director Housing Authority Date CITY OF SANTA ANA OBSOLETE RRCORDS DESTRUCTION SCHEDULE FINANCE & MANAGEMENT SERVICE6.A®ENCY w TREASURY DIVISION 2016 1901-6 RECORD RECORD RECORD ' RECORD CATEGORY SERIES DESCRIPTION DATES BANKS Dally Rank Balance Reports of dally banking activity. 000/2012 Report and Prior Deposit Slips Treasury's ocpy of all City deposit slips sent to bank 06/30121112 and Prior Returned Checks � Copies of cusiomar checks returned by bank, letters 09/3Q/�01E Ong r or sent to oustomers and other miscollaneous document$p/a Statements Statements relating to Investment banking. an Arlo 12 TRectlr Is Activity Documents pertaining to the wiring of runds tblfrom bank '0 6131 012 and Prior accounts Ot913012f'12 BUSINESS Monthly Register Miscellaneous Business Lloerse Account Summary and Prior LICENSE TAX Reports Information reports, Deletion Records Deleted andior oanoellod accounts. 09/3012012 and Prior Gross Receipts :& Business License Tax statements fried by business 000/2012 VarlableAasosemorts operators, and Prior Sldtain ®nts Misoslianeeus fReculpts Receipts far' mieeollaneou$ psym ants. 0513012012 end prier Original Applications O inai buslnoss .� Iloansp lax a.p. pli_o.a, d.o. ns, 0613011012 amendmenta/UbrreapondenaQs for IrIO0 0 accounts; and Prier Peymant Records. Statements rblating to calculation and payment of 06/3012012 business license tax, and Poor Renewal Registration Statements relating to business owner information 000/2012 Records .. and Prior Payments 1 Dally Cash Business License Tax payments received and processed 06130/2012 Receipts via Treasury cashiers. _.�._.,..�.._�.,..........�..._ and Prior _ ._...._Voided CHECKS l Canceled �..,...�. W_w.�. ,. �... ��.,, �...,....._.... �...,...... Chocks voided /oanealed; issued by the 011y Includes 06 /3012090 Checks & Related Housing Authority, Workers Compensatlon, Payroll and and prior Reports Vendor; Indudos ohooks voided as a result of printer misalignment. ." 1901-6 19D-7 RECORD CATEGORY RMORO SMIES RrCORD DESCRIPTION RECORD DATES C[IIECKS (coal.) Pold Paid 011(100 Issued& the Glfyillna�des Vlou�'Vbiclor rity, orl(ars mpomsF., at), iyro an I Trawlsolon M�i I < "I Ity to List if alciv ier�fo i� (?,heoks Is flow bank to oleo ohoo�-. to 9 1 aCCOUn or a 8 five Pay purposes. 4QY3 2412 and dor a DOG LICENSES Original Applications Agiloation to Dog L ponle Td clunding 061 01 12 an rot Reports DAIIX pagentInformAIDR; U ostablos: mnowal5; non am ancoi tog 1184 ponlaMes 06/3 gvl and r r Raymept8 I Dally Cash obelp 8 reoorvad a ftlloonOo pa and processed Vle to suryOnghl ra, 061TO12012 an Prior Cancellations Dog Licenses canoollod and flor H TAX Filling Records OrIgipal RoglqtrpIhn and omendmontalcorroollons for Ins % e 86coun oo g r�(01 2 am or VISANOS Payment Records Month�y flllqg?, and norriltlanc?, d 16 "1 atnu i man s corrections for meet ve accounts. 49/3iy12f 12 and ftr WA'rg��R ACG LINT6 Applications for Service Original copies of of) 11 0 Tv VZ%liallon of now W t*��Iapublo OMWA lems N 05/20pof 2 and r or it Inactive accounts. �IJWAL Billno Register Reports CogulerlLgI reports detailing accounts billed at ve 2 or f N t TS rasp o argros Work Orders ImtIlations of water motor notices and motor a , i xe an as os/30qJ0 12 anti Pr or Customer files Miscellaneous Inr rmatlon / correspondence regarding 06139/1'�10 12 customer accounts and r or Deposit Reports List of Municipal Utility Service accounts that have a deposit 06gg/,012 an r or Payment Report Majallyme , g000ssodA rossury Cashloa to ate, 0 foe occoungsly account nurn r 0014,E12 am Prior Prryments Rally, receipts g,7coasgd to Murldipol Utility accounts by Services num or 061 am Moltl aco n municipal utility Services gritaggi Dillity, service Refunds requests and backup I'm t on 06130/2012 and Prior Aging Report 1.18ts balances of all Municipal 1.11:111ty, Service accounts 0161 CI IONS Collections HomIgIlort of ollation payments, collected by contract 8 -- 061 I'f,012 Ohl I rK� — Register Parking Citation Payments process by Treasury Staff 06/ an rio 12012 r 19D-7 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD DATES 'fin ' mounts Written-off AD ort list of parking citations written -off by DMV 00/3'Q/2012 and ror Citavans Referred to DDDMMMV Itemization of citations referred to DMV for collection OOTT 1,2o0Y12 Collection$ pMV parking citation Collection 001 tl�2012 an rlor RE UhJt� RE TS %sings Tax Office & so. efunds Refund requests to TreaaAwry Division; inoludes supporting documentation 08�3Q/2o12 an ror TREASURY _ Dol ymeasurer's Reports Rsport of d ail�evenu s re ivied with detail p a ent Inormatlona relate war (, ng papers 08012 ' and Prior Ao�nurKinvestment . mmAtl dnnumonts pertaining to Investment Activity. n�13Frt,o 2 PREPARED BY'; Minerva H. Mancha Date °i'reasury Services Supervisor 19D-8 CONSENT BY; Francisco Gutlerrez Data Executive Dirsctor Finance & Management Services APPROVED BY: 50na R. Carvalho bate Clty Attorney REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR DECEMBER 2015 (STRATEGIC PLAN NO. 5, 1) CITY MA A R RECOMMENDED ACTION Receive and file. DISCUSSION 2FOUROTUMMUTZONTIMI : APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2"o Reading Implementing Resolution ❑ Set public Hearing For CONTINUED TO FILE NUMBER The December 2015 Capital Improvement Program Executive Summary Schedule (Exhibit 1) provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes, and percentage completed for each project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Executive Director Public Works Agency FM:Io Exhibit: 1. Capital Improvement Program — Executive Summary Schedule 19E -1 19E -2 EXHIBIT 1 19E -3 ° 'ate' a c a 3 ry'aa III. F _c S= } J ■III- _ 'l W Rai N 3 i z g a1 N N N I I 3 W o ��[ W p=. j m IY NC, 6 � W 2 ` <�= _l _ _ 8 88,88$ 8 8$ 8888888888$ R d 2 ,888888 ��������Ay�q�$�8��� 888� _� N T N N 4 ~ N N~ N Y. G � H I I 3pgp yp }6 � @3sy �p36y r C tr mz,ry 5 �� fpp ##u 3 1 �. r—`.. E c LL� -j c C .�. �t'a x'K g ci.m`cmy =mw rc'`eia 36r a.�T.0 =< a o3rc3�d�a3 3.",�3 c g_.z° 6s8R,RmmBa,'��.,�E53 °il EXHIBIT 1 19E -3 C C g c 3 J W u m v � ca W a � Y W N K N 3 F OC W V m � X � m W W 7 U 6 Z ID Q a p = H a Z 0 N W O� r W G > ca L a C a v 'E 1 m. �oii .. pi me q iii si n mi u i, n sm a i. �� i a i � c; od'� g g g g g g88 19E -4 iI o m£« g P c E a E. A A95 '2a E ko3 °3:a m 'OC ,"c`v' E aci °£ d �C `= �0 ` A m pa N b c c i E i a„ e b Eg Y E d yg i pp p E m .. E E E E Z..im A cS �W c& € m 3 m 5 mmc z 5 3 i W i x 3 f E 3 3 0 19E -4 iI ............. C Sz E _ 8 � ca a i I i a _e N I I r W ' J w ca W " ° N I n a V Q uZi N N l I I }>+ V W 00 6 so X .ppp 6 z�o 1z- IQ a o = °sssasss s sss s sss H m c 4$py ye 88 mm c 88 pp w d s N m em N .ry. a m e p yd p� ui c !ypC o� mm yy is a I.. a Z C m NNN��ONNONNNNNHN NNN nNmNNNImJ `i'��N�^GNN N I I N N N N N W N N N Q�+SQU "s+3 "s 3 x �a d 3 3 d n 3 u � 3 uu .c ucvcnmcu neon V ! E a = 9p C C O n.L c u 7ii .. a N15i 6� i norF E °aF 3x a gmaw .. op c,m 9,a oa `o va GAO.4�I 9I J an inn m`�'m o_ Ecm zo �."i iu a ii-'i v,Ea¢u1 II 19E -5 o $ I 0 oa I o'Icsl ( o - I N � W � J a as a� N W N I I oW' a _ I arc ryas I111A MAJ Al _ tspopQsppsp- oQQsggaQaQ00000QQpopQsQooyoy00000s o G Z �$b SS v 53u3N eneEB S8o3 Tu�"�i $a°QC^ ti ii 88 •ryry:^t a im:ti ..u�iVV:uC d and .pd.peyy�o�� SS p NW C c m N N N N N N m�aa ma commauu aaa �.,mmmmw u� dPVVVV VVV�OVV VNVVb'aV VVNNV a ' a V D E M m P t 5 lilc'ca g a aa�m gA�trB a'3 A'mE ° °o So 0 d y � � S 19E -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: AWARD CONTRACT FOR THE INSTALLATION OF PEDESTRIAN COUNTDOWN HEADS AND PUSH BUTTONS (PROJECT NOS. 15 -6830) (STRATEGIC PLAN NO. 61B, & 1G) d zli�t� CITY MANAGE 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. Authorize the City Manager and Clerk of the Council to award a contract to Siemens Industry, Inc., the lowest responsive bidder, in accordance with the bid in the amount of $596,076 for the installation of pedestrian countdown heads and push buttons throughout the city, and authorize the City Manager and Clerk of the Council to execute the contract, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $101,822 from the Highway Safety Improvement Program funds into the Select Street Construction revenue account and appropriating the same to the Select Street Construction Expenditure account. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $745,096, which includes the contract base amount, administration, inspection, testing, and a 10 percent contractual contingency of $59,608, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The recommended action will improve pedestrian safety and enhance compliance with the Americans with Disabilities Act. Traffic signals at selected intersections throughout the city (Exhibit 1) will be upgraded with pedestrian countdown heads using the latest technology to display a countdown of time remaining for pedestrians to complete crossing the roadway. In addition, pedestrian push buttons will be lowered so that they are more accessible to all pedestrians and easier to actuate. Once completed, these improvements will increase safety for pedestrians while promoting more walking and bicycling throughout the city. A Notice Inviting Bids was advertised on November 9 & 10, 2015, and bids were opened on December 1, 2015. The following is a summary of the bid invitations made and the bids received: 20A -1 Award Contract Installation of Pedestrian Countdown Heads & Push Buttons January 19, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 1 Contractors requesting bidding documents 15 Bids received 6 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Siemens Industry, Inc. Orange $596,076.00 2 Asplundh Construction Corp. Anaheim $653,011.00 3 PTM General Engineering Service, Inc. Riverside $674,041.00 4 California Professional Engineering, Inc. La Puente $732,630.00 5 St. Francis Electric, LLC Riverside $741,970.50 6 Steiny and Company, Inc. Baldwin Park $790,907.00 Six bids were received and all were deemed responsive. Siemens Industry, Inc., submitted the lowest responsive bid in the amount of $596,076. The Project Cost Analysis estimates the total project delivery cost to be $745,096 (Exhibit 2). That amount is less than the engineer's estimate of $827,820. Therefore, since there are sufficient funds to complete the project, staff recommends award of a contract to Siemens Industry, Inc. The construction contract incorporates the low bid and is ready for approval (Exhibit 3). In July 2014, funding award from the Federal Highway Safety Improvement Program (HSIP) was estimated at $989,700. In September 2015, the HSIP award was finalized at $1,091,522. The appropriation adjustment in this Council action will recognize the additional $101,822 for completion of this project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). 20A -2 Award Contract Installation of Pedestrian Countdown Heads & Push Buttons January 19, 2016 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2014 -20 was filed for this project. FISCAL IMPACT The Project Cost Analysis estimates project expenditures to be $745,095.60, which includes construction, contract administration, inspection, testing, surveying, and contingencies. Funding is available in the Pedestrian Countdown Heads & ADA Push Button Upgrade project (No. 15- 6830) in the Federal Aid Safety Program Fund (Account No. 14717611 - 66220) and the Measure M2 Local Fair Share Fund (Account No. 03217662 - 66220) using the following spending plan: FY 2015 -16 FY 2016 -17 Federal Aid Safety Program Fund $335,293.02 $335.293.02 Measure M2 Local Fair Share Fund $37,254.78 $37,254.78 FY TOTAL $372,547.80 $372,547.80 PROJECT TOTAL $745,095.60 An appropriation adjustment will be processed to recognize $101,822 from the Highway Safety Improvement Program funds into the Select Street Construction revenue account (No. 14717002- 52001) and appropriating the same to the Select Street Construction Expenditure account (No. 14717611- 66220). Executive Director Public Works Agency FM /EWG/TC Exhibits: 1. Location Map 2. Cost Analysis 3. Construction Contract with Bid APPROVED AS/70 FUNDS AND ACCOUNTS: Executive Directt)f Finance & Management Services Agency 20A -3 20A -4 EXHIBIT 1 20A -5 20A -6 COST ANALYSIS PROJECT NO. 15 -6830: PEDESTRIAN COUNTDOWN HEADS AND PUSH BUTTONS Construction Contract $ 596,076.00 Contract Administration $ 41,694.00 Inspection and Testing $ 47,718.00 Survey $ 0.00 Contingencies $ 59,607.60 TOTAL ESTIMATED CONSTRUCTION COSTS $ 745,095.60 EXHIBIT 2 20A -7 20A -8 CITY OF SANTA ANA EXHIBIT 3 Construction Contract PROJECT NO. 15 -6830 PEDESTRAN COUNTDOWN HEADS AND PUSH BUTTONS This CONSTRUCTION CONTRACT is made and entered into this 19 day of January 2016, 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 Siemens Industry, Inc., hereinafter referred to as "CONTRACTOR ". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows; I. 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 Pedestrian Countdown Heads and Push Buttons, hereinafter referred to as the "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," as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Project Plans • Required Contract Provisions Federal -Aid Construction Contracts (Fonn FFIWA 1273) • Davis -Bacon Act and Wages • Appendices 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 to complete the Work of Improvement the sum total ainomlt not to exceed $596,076.00, 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 Page 1 of 20A -9 CITY OF SANTA ANA Construction Contract PROJECT NO. 15 -6830 PEDESTRAN COUNTDOWN HEADS AND PUSH BUTTONS 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, 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). CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25 %) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. s. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 20A -10 CITY OF SANTA ANA Construction Contract PROJECT NO. 15 -6830 PEDESTRAN COUNTDOWN HEADS AND PUSH BUTTONS IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day 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: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney BY To Sandoval Fred Mousavipour, P.E. C& f Assistant City Attorney Executive Director, Public Works Agency CONTRACTOR: Siemens Industry, Inc Page 3 of 3 20A -11 CITY OF SANTA ANA PROPOSAL PROJECT N0, 15 -6830: Pedestrian Countdown Heads and Push Buttons BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: SIC69GNS INDUSTRY, INC. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety 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 sum(s) set forth in the following schedule: Project# 15 -6830 Item Description Qty Unit Unit Price Amount 1 Replace Pedestrian Head Assembly with 734 EA $ 00 .„ $ ? .]� Countdown Head •� ! 2 Replace Pedestrian Head Module with �7 EA $ t- f $ ),081 0" Countdown Head J� 3 Replace Pedestrian Push Button Assembly 948 EA $ po- $ } (y }(00vr 4 Replace Pedestrian Push Button 118 EA $ °I 5 Adjust Pedestrian Push Button Assembly to 831 EA 42 -inch Above Finished Grade 4y S _ �-. •�rV�.Oa 6 Install New Pedestrian Push Button 52 EA I ta2'i7� Assembly and Wiring c• ^,� Total Base Bid For Project: 15 -6830 $ _v `j-1 j t �� 1»t ilU.il`.1 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. t3P -I 20A -12 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -5830: Pedestrian Countdown Meads and Push Buttons TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within eighty (80) working days after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within ten (10) 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 the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm SIEMENS INDUSTRY, INC. Signature of BIDDER tmoj a Title t wrec: -Vol D2 ;Sej:\j�C:,E1 (if an individual, so state) J U" BP -2 20A -13 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6830: Pedestrian Countdown Heads and Push Buttons BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. 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. Name of Firm SIEMENS INDUSTRY, INC. (CORPORATION) Signature of Title U1 re..r o-f- o� )ecd'tC,9 (if an individual, so state) (If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) President: CEO, Kevin Riddeti Treasurer: CFO, Matthias Sehlelein Secretary: Communication Officer, Pranziska Wagner Address: 527 Mattison Ave, 8th floor, New York NY10022 BP-3 20A -14 Operations Manager: Michael Hutchens 2200 W Orangewood Ave, Oraage, CA 92868 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15- 6830', Pedestrian Countdown Heads and Push Buttons CONTRACTOR'S LICENSING and REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his /her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: SIGMGNS INDUSTRY INC Business Address: 2200 w Orangewood Ave, Orange, CA 92868 Business E -Mail MICHALL.HIJTCHCNS@SICMGNS.COM Address: 2200 w Orangewood Ave, Orange, CA 92868 Telephone: 714-448 -6943 State Contractor's License No, and Class: 758796, C- 10,C -20, C -16, B License Expiration Date: 02/28/2017 State Dept. of Industrial Relations (DIR) Registration NO,: 10001102447 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 06/30/2016 Signed: Title: BP-4 20A -15 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6830: Pedestrian Countdown Beads and Push Buttons PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm SIEMENS INDUSTRY, INC. Signature of BIDDER Title I ),[ (if an individual, so state) 13P -5 20A -16 CITY OF SANTA ANA PROPOSAL PROJECT NO. 156830: Pedestrian Countdown Beads and Push Buttons OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE }ss: CITY OF SANTA ANA } ,being duty sworn, deposes and says: ❑INDIVIDUAL That he /she is the party making the foregoing proposal: ❑ PARTNERSHIP That he /she Is a member of the cc- partnership firm designated as: and who has been and is duly vested with the authority to make and execute Instruments for the co- partnership by: who constitute the other members of the co-partnership. PCI CORPORATION That he Is of: SIEMENS INDUSTRY, INC. a corporation which is making the foregoing proposal: ❑JOINTVENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he /she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: 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 or any other person. gnature f_ed erS"i 1J 1`. k(-IDIliter} -qr 4 rwia -° Subscribed and sworn to before me this day of _,/ 20 _ Signature of officer Administering Oath (N9arrPublic) PAC&Ci B P -6 20A -17 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange ,___ On Q i , b6efore me, Candace Gallaher - Notary Public_ _ pate Here losert Name and ride of the officor personally appeared — _....__- Name(s) of Signar(s) who proved to me on the basis of satisfactory evidence to be the person (,s- )-whose nanne(s)-Is /are- subscrlbed to the �{ within instrument and acknowledged to me that he /sh&they- CANOACE GALLAHER [ Commission N 2117338 executed the same in his /her/their authorized capacity(ies), and that by hisibavAheir signature{sron the instrument the z v Notary Public • California person(&)', or the entity upon behalf of which the person(sr z Orange County J acted, executed the instrument. My Comm, Expires Jul 24, 2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness m ' and an official se I.iI Signature. =_ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: _..i._ Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Tltle(s):__ ❑ Partner— ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Name:_„_. ❑ Individual ❑ Corporate Officer —Title(s):— ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other; Signer is Representing: 20A -18 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15.6830: Pedestrian Countdown Heads and Push Buttons KNOW ALL PRESENT that, ,as , as SURET , are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal s of _ Dollars ($ ), which is ten ercent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, fra the payment of which sum, BIDDER and SURETY agree to be bound, jointly and sever, Y, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BI DER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected // r if said bid is accepted and a contract is awarded and entered into by BIDDER in the man Zr and time specified, then this obligation shall be null and void, otherwise it shall remain j f full force and effect in favor of AGENCY. / IN WITNESS WHEREOF the parties hereto have set the" names, titles, hands, and seal this day of 20_. BIDDER* SURETY* Subscribed and sworn before me this day of , 20_, Signature: Nota/BIDDER/ and for the County of State of *Pro SURETY name, address, and telephone number and the name, title, address, and t umber of authorized representative. BP -7 20A -19 Document A310TM -2010 Conforms with The American Institute of Architects AIA Document 310 4�1 M CONTRACTOR: (Nmae, legal stunts and adeliess) Siemens Industry Inc. 2250 Business Way Riverside, CA 92501 OWNER: (Name, legal vanrs and address) City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Bond Number: 79434433- CHU -15 -22 SURETY: (Name, legal srntas and principal place of business) Federal Insurance Company 15 Mountain View Rd. Warren, NJ 07061 -1615 State of Inc: Indiana BOND AMOUNT: Ten Percent of Amount Bid (10 %) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, lfarrv) Pedestrian Countdown Heads and Push Buttons Replacement of Countdown Pedestrian Heads and PPB's City Wide The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administratm's, successm's and assigns, jointly and severally, as provided herein, The conditions of this Brad are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the ,jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner cony in good faith contract with another party to perform the work covered by said bid, then this obligation shall be unit and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with it subcontractor's bid to a Contractor, the term Contractor in this deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. , When this Bond has been furnished to comply with it statutory or other legal requirement in the locat' any provision in this Bond conflicting with said statutory or legal requirement shall be deemed d A, provisions conforming to such statutory or other legal requirement shall be deemed incopo•aiu ham- furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common la Signed and sealed this 01st rp"o ecem , 2015 _.✓ Siemens (Principal) (Witness- , (W(tnessJ�y L Johnson 20A -20 Sandra L. Ham, Attorney -In -Fact MS ACKNOWLEDGMENT BY SURETY OF Missouri City of St. Louis } SS, On this 01st appeared clay of December. Sandra L. Ham Federal Insurance Company 2015 , before me personally. , known to me to be die Auorncy -in -Fact of _ , Ole corporation drat executed the within instrument, and srckiioeiiedged to me that such corporation executed the same, IN WITNESS WIIEREOF, I haw hereunto set my hand and allixed my official scat, at lily ollicc: in the aforesaid County, the clay and year in this certificate first above written. My Commission Fxpires: September lfi, 2019 (Seal) Noto I'TTTA y D`Cy q y ublie, Notary Seal le SPat, of tvtlssottri '+ Commiss�ul 1County I% 18 MY Com miss ign Expires Setstbmet3 6, 20 h. S- 0230 /GEEF 2/98 20A -21 Brittany D. Clavin Notary Public in the State of Missouri County of St. Louis Commission # 15638336 rlChubb POWER Federal Insurance Company Attn: surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Pamela A. Realman, Cynthia L. Choren, Joann R. Frank, Sandra L, Ham, Nancy L. Johnson, Heidi A. Nothelsen, Karen L. Raider and Debra C, Schneider of St. Louis, Missouri – - – – -- --- -- – –^ - - °— w ^ – each as their two and lawful Adwney. in. Fact to execute under such dooignatton in their cares and to affix their corporate seals to and deliver for and on their behalf as surety theman or atherwRa, bands and Undertakings and other wrllings obligatory in the nature thereof (other than bell bonds) given or executed in the mdrsa of business, and any Instruments amending or uttering the Rome, end Consents to The ma7tricaUOn or arteTatlon of any Instrument referred to in said bonds or obligatlone In witness Whereof, said FEDERAL INSURANCE COM PAW, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed slid attesled these pmasms and affixed their corporate seals on this 21 Jay of May, 2014. ✓ e .€?aunB M Ch was. §§ sialsl secretary D oRia, Jc, Vice Pr+asl r 4PxNF Y STATE OF NEW JERSEY as. Courtly of Somerset On this 21'" day of May, 2014 before ore, a Notary Public of New Jersey, personally came Dawn M. Chloros, to ripe Im nt to be ASaislstlCSaC+Hkaryaf.FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companleswhidh WOUTIdd me fon}gding Ppw uolAttorney, and the said Dawn M. Chloms, being by me duty ewom, did dePoo and Day That she is ADDTolont BWoury of FEDERAL MEURANCa COMPANY, VIGRANT INSURANCE COMPANY, and PACIFIC IN DEMNTTY COMPANY and knows the 001POrats seals thereof, Ural the seals affixed to the foregoing Power of Ahomey arc such corporate MID and were Thereto ar rrksd by authority of the By- Laws of bald Companies; and that she signed bald Power of Attorney as Assistant Ramsey of said Companies by like authority; and that she is acquainted an David S. Norris, Jr., and knows him to be Vice Prosideni of sold Companles; and that the signature of CavW a. Norris, Jr., subscribed Wand Powar ofAttorney TO In the genuine handwriting of David B. Noels, Jr., and vide thereto subscribed by authordy al said By- Laws and In deponents preservm. Notarial Seal IWTHEWNE A ADELhAR NOTAYTY FUNooR12Ca1 JERSEY Commission rD" July Ib, 2014 CERTIFICATION Extract Rom The Sy. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'Art powers of attorney for and on bahaUOr the Compreq may and shall be exea8ed in the name and on behalf of the Company, tither by the Chairman or the Preaidert or a Yin Prestden( or an Assistant Virg Prosidenl, jointly with the Secretary or an Aasisim! Secretary, under their respective designations, The signature of such Ofimrs may be engraved, Printed or Inhographod, The signature of each of the following ofAcema; Chairman, President, any Vice Presoml, any Assistant Mee Rmidenl, any Secretary, any AsaiRlanl Seeetory and the seal of the Company may be affixed by facsimile to any Poorer of attorney or to any certificate ruleiing thereto eppolnUng Assistant SeOretanae or Attamay4- in•Fool for purposes only Of execulhg and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of atromey or ceriigeate bearing such tcsimile signature or fecsimlle met shall be valid and binding upon The Company and any such power so executed and sadines by such facsimile signature erW rucalmne seal shall be valid and binding upon the Company with respoot to any bond or undertaking to which II Is attached. - I, Dawn M. Choos, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby cerdN that (1) the foregoing eximat of tie ay- Laws 01 the Companies Is true and Correct, (fp the Companies are duly llcunmr! and authorized to Usheact surety buslnees In all ED of the United States or Ameriea and the District of Columbla and am outhodoed by the U.S. Treasury DeparUnard; further, Federal and Vigilant are IlCensed to Una U.S. Virgin Islands, and Federal Is licensed In American Samoa, GURm, Puerto RICO, and each afthe Provinces or Canada exmpt Pdnm Edward Inland; aril i nq the foregoing Power of Attorney Is we, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this O1st day of December 2015. rr _ r7 60m0a,AsaietmtSooralary IN THE EVENTYOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY 08 OF PNY OTHER MATTER, PLEAOE CONTACT US AT ADDRESS Fars lSte- eZ2fi &ll GHN CONSEM hay. d2d4j 20A -22 Farm 16- 10- 0313A(Im9/19) 20A-23 _23 FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2014 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments ................ $ 110,484 Outstanding Losses and Loss Expenses..... $ 12,181,139 United States Government, State and Unearned Premiums ...... ............................... 3,654,861 Municipal Bonds .......... ............................... 10,245,402 Ceded Reinsurance Premiums Payable....,.. 339,486 Other Bonds ................... ............................... 4,927,443 Provision for Reinsurance ............................ 46,470 Stocks ............................ ............................... 1,066,355 Other Liabilities.............. ............................... 1,434,018 Other Invested Assets .... ............................... 1,365,367 TOTAL INVESTMENTS ............................... 17,715,051 TOTAL LIABILITIES..... ............................... 17,655,954 Investments In Afflllates: Chubb Investment Holdings, Inc..... ........... 3,565,038 Capital Stock................. ............................... 20,980 Pacific Indemnity Company .... 2,922,214 Paid -In Surplus-, .......................................... 3,106,809 Executive Risk Indemnity Inc ...................... 1,258,019 Unassigned Funds........ ...........................,,,, 11,700,594 Chubb Insurance Investment Holdings Ltd.... 1,162,709 CC Canada Holdings Ltd ............................ 652,660 Chubb Insurance Company of Australia Ltd. 480,068 SURPLUS TO POLICYHOLDERS .............. 14,828,383 Great Northern Insurance Company.,........ 476,969 Vigilant Insurance Company ....................... 292,313 Chubb European Investment Holdings SLP.. 287,633 Other Affillates ............. ............................... 517,330 Premiums Receivable .... ............................... 1,879,148 Other Assets .................. ............................... 1,474,965 TOTAL LIABILITIES AND SURPLUS TOTAL. ADMITTED ASSETS ...................... $ 32,484,337 TO POLICYHOLDERS ............................. $ 32,484,337 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2014, Investments with a carrying value of $518,199,884 were deposited with government authorities as required by law. State, County & City of New York, — as: Yvonne Baker, Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 2014 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2014. Subscribed and sworn to before me this March 11, 2015. +tiG JEANETTE SHIPSEY Assistant Secretary Notary Public, State of Now York " Notary Public— No, 02SH5074142 Qualified In Nassau County Commission Expires March 10, 2019 Farm 16- 10- 0313A(Im9/19) 20A-23 _23 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On Y 1 " Lao [before me, Candace Gallaher - ag—j Public _ Date Hera hrsert Name and Title. of tha Officer personally appeared ACE GALLAHER 211733 Commission N 291733@ Notary Public - California n Orange County 777...... MX Comm, Ex Ireu Jut 24, 29t9w Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persory(sYwhose name(s) is /are- subscribed to the within instrument and acknowledged to me that he%she /they- executed the same in his /her./.their-authorized capacity(ie* and that by his /her,/their signature(e)-on the instrument the persoro),, or the entity upon behalf of which the person(, - 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, land a doff icial se I. Signature t Signature of-tiolary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name:—_.--___ ❑ Individual ❑ Corporate Officer — Tltle(s):__ ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: __ Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s):_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ TrUSiee ❑ Guardian or Conservator Top of thumb here ❑ Omer: Signer Is Representing: 20A -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: CONTRACT AMENDMENT WITH TIMCO CNG FOR COMPRESSED NATURAL GAS FUELING SERVICES (SPEC. NO. 15 -131) (STRATEGIC PLAN NO. 6, 1C) s C Y ANAGER,/ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with Timco CNG to increase the aggregate limit by $50,000 for emergency fueling of compressed natural gas (CNG)- powered City fleet in an annual amount not to exceed $75,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Timco CNG, who operates a fueling station in Santa Ana, provides CNG fuel for City fleet on a backup basis. The City currently operates a CNG fueling station at the Corporate Yard and provides CNG for contracted street sweepers as well as some City vehicles. Recently the CNG fueling station required repairs and was closed. As a result of the City's CNG fueling station being out of service for repairs, most vehicles were sent to Timco CNG's Santa Ana location for fuel. As a result, the vendor has reached the $25,000 aggregate limit. Timco CNG has provided excellent service, a convenient fueling location, and competitive pricing. As such, staff requests approval to increase the aggregate limit by $50,000 for Timco CNG to provide emergency fueling service through the end of Fiscal Year 2015 -2016. The repairs made to the City's CNG fueling station have been completed and the fueling station is currently operational. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy C (Invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). 22A -1 Contract Amendment with Timco CNG for Compresses Natural Gas Fueling Services January 19, 2016 Page 2 FISCAL IMPACT Funds in the amount of $50,000 to cover the additional aggregate limit are available in the Fleet Services Alternative Fuel account for FY 2015 -2016 (no. 07510100 - 63301). APPROVEDrAS TO FUNDS AND ACCOUNTS - FrAicisco (56 i rez Executive Director Finance and Management Services Agency cl 22A -2 Q01101111111 ' CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: CONTRACT AWARDS FOR VARIOUS TYPES OF WATER METERS (SPEC. NO. 15 -110) (STRATEGIC PLAN NO. 6, 1C) :2122 ;Itice^ , CITY MANAGEA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •- ❑ As Recommended ❑ As Amended ❑ Ordinance on I" 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 award contracts to Aqua- Metric Sales Co., Badger Meter, Inc., H.D. Supply Waterworks, and Mueller System, LLC for the purchase of a variety of water meters for a one -year period beginning February 1, 2016 and expiring January 31, 2017, with provisions for four one -year renewals exercisable by the City Manager, in an annual amount not to exceed $140,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana Public Works Agency Water Resources Division regularly performs installation, maintenance, and replacement of residential and commercial water meters. There are approximately 45,000 metered service locations in the City, and water meters are typically replaced every 15 years. The four types of meters used by the City are positive displacement, multi -jet, residential fire service, and turbine meters. Positive displacement meters are used primarily for residential applications. Multi -jet meters are used for multi - family residential, irrigation, and commercial applications. Residential fire service meters are used for residential services requiring fire sprinkler systems. Turbine meters are used for high volume water users, including industrial, commercial, irrigation, and large multi- family residential applications. The meters are purchased as needed through the Central Stores warehouse for distribution to the Public Works Agency. The Notice Inviting Bids was advertised on November 16, 2015 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 57 Vendors were notified 1 Santa Ana vendor was notified 9 Vendors downloaded the bid packet 4 Bids received 1 Bid received from a Santa Ana vendor 22B -1 Contract Awards for Water Meter Purchases January 19, 2016 Page 2 Four bids were received, opened on December 1, 2015, and evaluated. All four bids, including one from a Santa Ana vendor, were responsive to the specifications and met the City's requirements. Staff recommends awarding contracts to all four vendors to allow for procurement of the four types of water meters utilized by the City. During the term of these contracts, the aggregate expenditure for water meter purchases is not to exceed $140,000 annually, including any approved renewal extensions. 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 $70,000 for the first six months of the contracts are available in FY 2015- 16 Water Quality & Measurement account (06017644- 63001). Subsequent funding of $140,000 will be budgeted in FY 2016 -17, FY 2017 -18, FY 2018 -19 and FY 2019 -20, and $70,000 in FY 2020 -21 for a total of $560,000 to fund the four optional renewal periods. 4Frr M Executive Director Public Works Agency sp APPROVED AS TO FUNDS & ACCOUNTS: r Francisco Gutierr z l Executive Director Finance & Management Services Agency 228 -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: CONTRACT AWARD TO ADAMSON POLICE PRODUCTS FOR TACTICAL ELECTRONIC SEARCH SYSTEMS AND MISCELLANEOUS POLICE SUPPLIES (SPEC. NO. 15 -124) (STRATEGIC PLAN NO. 1, 5) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 161Reading Ordinance an 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase of two tactical electronic search systems in an amount not to exceed $34,850 and a $25,000 contract for flares and various police recruit supplies with Adamson Police Products for a total amount not to exceed $59,850, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Officers assigned to Field Operations are frequently tasked with handling incidents involving high -risk warrant services which require the search of various locations for possible suspects. These searches often take place during the hours of darkness, and in areas such as attics and crawl spaces, which are difficult to search without exposing searching officers to danger. The use of a tactical electronic search system provides officers a pole camera that extends 80 inches on an extension pole with a thermal camera head on the end. The search system allows officers to control the camera from a wireless wrist- mounted monitor allowing the search of locations without blindly exposing the officers in high- threat areas. In the past, an eight -inch mirror on a stick was used for these types of incidents. This has proven to be problematic in order to gain a reference point to search from, and having the reverse image only adds to the lack of perspective. The purchase of two tactical electronic search systems will provide Field Operations personnel with a means to observe suspects prior to being observed and without exposing officers to unnecessary danger. Adamson Police Products provides flares and various police recruit supplies for the Police Department. The purchase of the tactical electronic search systems, when added to the vendor's fiscal purchases, will exceed the $25,000 aggregate limit. In order to continue making these purchases throughout the balance of the fiscal year, staff recommends maintaining the current blanket order contract in the amount of $25,000. 22C -1 Contract Award for Tactical Electronic Search Systems January 19, 2016 Page 2 The notice inviting bids was advertised on November 17, 2015 and offers were solicited. A summary of the bids and offers received is as follows: 22 Vendors were notified 10 Vendors downloaded the bid 1 Bid received 0 Bids received from Santa Ana vendors The sole bid received and opened on December 1, 2015 was from Adamson Police Products, which was responsive to the specifications and met the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #5 (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds in the amount of $59,850 are available in FY 2015 -16 Criminal Activities — D.O.J. account (02614450- 63001) in the amount of $34,850 and in the Police Centralized Distribution Center account (01114450- 63001) in the amount of $25,000. Carlos Rojas Chief of Police Police Department we APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 22Ci -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: AWARD CONTRACT FOR THE SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIRS (PROJECT 16 -2656) (STRATEGIC PLAN NO. 6, 1B & 1G) c! 1 t ° CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to award and execute a contract to Metro Builders & Engineers Group, Ltd., the lowest responsive bidder, in accordance with the bid in the amount of $448,339.60 and the Additive Alternate Two of $20,300, for a contract total of $468,639.60, for the Santa Ana Stadium Structural Concrete Repairs, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $689,300, which includes the contract base bid amount, administration, inspection and testing, and a contractual contingency of $130,992, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Stadium was constructed in 1963. Due to aging and weathering, the concrete structure at various locations has cracked and broken off, exposing the reinforcing steel, and causing it to become corroded. In addition, the protective fencing adjacent to lateral seating areas is damaged and rusted at various sections (Exhibit 1). The recommended actions would support the City's effort to enhance the overall safety of the stadium by repairing the concrete structure and steps, and replacing existing fence with new galvanized steel. A Notice Inviting Bids was advertised on November 13 and 18, 2015, and bids were opened on December 1, 2015. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 13 Contractors requesting bidding documents 14 Bids received 6 Bids received from Santa Ana contractors 0 23A -1 Award Contract for Santa Ana Stadium Structural Concrete Repairs January 19, 2016 Page 2 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Metro Builders & Engineers Group, Ltd. Newport Beach $448,339.60 2 RSB Group, Inc. Lake Forest $465,100.00 3 Mode Engineering Laguna Niguel $474,900.00 4 Olympus Painting Inc. Van Nuys $606,700.00 5 Slater Waterproofing, Inc. Montclair $634,588.00 6 Moalej Builders, Inc. Sherman Oaks $918,670.00 Six bids were received and considered responsive, with Metro Builders & Engineers Group, Ltd. submitting the lowest responsive bid. The $448,339.60 bid is comparable to the engineer's estimate of $500,000. Based on the bids received, staff recommends award of this contract to Metro Builders & Engineers Group, Ltd. The bid package was divided to provide a base bid for the most essential work required to enhance safety with an additive alternative bid that, when combined with the base bid, would also improve the safety of the fencing. Since there is sufficient project funding for the entire scope of work, staff recommends awarding a construction contract for the base bid of $448,339.60 plus the Additive Alternate Two bid of $20,300, for a total contract amount of $468,639.60. The construction contract incorporates the low bid and is ready for approval (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plan.) ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2015 -111 was filed for these projects. 23A -2 Award Contract for Santa Ana Stadium Structural Concrete Repairs January 19, 2016 Page 3 FISCAL IMPACT The estimated total delivery cost of the project is $689,300, which includes construction, contract administration, inspection and testing, and contingencies (Exhibit 3). Funding is available in the Stadium Structural Concrete project (No. 16 -2656) in the FY 2015 -2016 Park Improvements District 2 In -Lieu Development account (No. 31213261- 66220) for the amount of $510,082, and the FY 2015 -2016 Capital Outlay and Cell Tower account (05113263- 66220) in the amount of $179,218. 2 P ed Mousavipour E ecutive Director Public Works Agency Ate'_i s" - - Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency FM /EWG/TC Exhibits: 1. Location Map 2. Construction Contract 3. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: )41 •> Francisco Gutierrez Executive Director Finance & Management Services Agencyj� 23A -3 23A -4 l . w . .. I f r� LEGEND: p$,, ORA,, PROjEC,T AREA EXHIBIT 1 SANTA ANA cmr COUNCL PROJECT 16 -2656 f 7 VV A AGENDA DATE: SANTA ANA STADIUM J ig� 2= STRUCTURAL CONCRETE REPAIRS Y4tY.1C 56E�C PAGE i OF 1 EXHIBIT 1 23A -5 23A -6 CITY OF SANTA ANA EXHIBIT 2 Construction Contract PROJECT N0, 16 -2656 SANTA ANA STADIUM STRUCTURAL. CONCRETE REPAIR This CONSTRUCTION CONTRACT is made and entered into this 19 day of January 2016, 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 Metro Builders & Engineers Group, Ltd., hereinafter referred to as "CONTRACTOR ". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 Santa Ana Stadium Structural Concrete Repair, hereinafter referred to as the "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," as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Project Plans • Appendices 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 to complete the Work of Improvement the sum total amount not to exceed $448,339.60, 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 amount of work will correspond therewith, but reserves the right to increase or decrease the amomit of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Page 1 of 23A -7 CITY OF SANTA ANA Construction Contract PROJECT NO. 16 -2656 SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIR 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 perfonnance 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), 7. CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25 %) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. s. CONTRACTOR shall, after award of this Contract, furnish. Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // /% Page 2 of 3 23A -8 CITY OF SANTA ANA Construction Contract PROJECT NO, 16 -2656 SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIR IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Att �rne BY s_ Jbs� Sandoval of Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Trod Mousavipour, P.E. Executive Director, Public Works Agency CONTRACTOR: Metro Builders & -Engineers Group, Ltd. By:_ Title: Page 3 of 3 23A -9 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -2656 SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIR BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Metro Builders & Engineers Group, Ltd. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety 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 sum(s) set forth in the following schedule: Item Description Qty Unit Unit Prire Amount 1 Mobilization (Not to —Exceed 10 %of Total Contract) 1 LS $NP90 $ 2,0 000 2 Temporary Supportt* 20 EA $ p9 0 I1 $ LID/ aoo 3 Parapet Wall Replacement 4 EA 9-0 1 4 Degraded Beam Replacement (6" avg. length) 4 EA $ 6� 0 V , 4 / �7Qa $ b 5 Extensive Beam Replacement (4' avg, length) EA $ �, �„q 0 ! $ 0 i] 8�/ 6 Concrete Spell Re pair w/ Exposed Reber (3" avg. depth) F2,400 SF $! 09 $� 5 b p D� ) Concrete Spalling (P' avg, depth)* SF $ �) $ L) �. ',V,0 J II Cracks Epoxy Injection* 360 LF $ 27,7t $ 9 I Galvanized Plate at Post (Complete -in- place) 120 EA $ r, I �' P —1 0 $ 7S f 10 Joint Seal with Backer Rod* 1,000 LF $ S DID $ y D 11 Temporary Construction Signs 4 EA El of 17 23A -10 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -2656 SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIR Item Description Qty Unit Unit Price Amount 12 18 "- #3 Dowels w/ epoxy* 50 EA $ $ 1 13 Galvanized Post (1-I= 4' -31? 5 EA $�po $� r TOTAL BASE BID ADD ALTERNATIVE ONE; Item Description Qty Unit Unit Price Amount 14 Continuous U- Shaped Galvanized Plate 620 LF $ ��, $ ��/ (. DD j TOTAL BID ALTERNATIVE ONE ADD ALTERNATIVE TWO; Item Description Qty Unit Unit Price Amount 15 Complete Galvanized Chain Link Fence System 2,800 SF $ 1 ,L r J $ L-0 J� V ) TOTAL BID ALTERNATIVE TWO TOTAL BASE BID + ADD ALTERNATE ONE BID------------------------ - - - - -- $ TOTAL BASE BID + ADD ALTERNATE TWO BID----------------------- ------ $ TOTAL BASE BID + ADD ALTERNATE ONE + ADD ALTERNATE $ TWOBID----------------------------------------------------- ---------- ---- ----------- -- - --- The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items. * The quantity for this bid item is shown for bid comparison only. This bid Item shall not be subject to the "25 %" limit as stated In Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to Increase or decrease the quantity of this item accordingly. BP -2 of 17 23A -11 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -2656 SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIR t This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within Sixty (60) working days for Phase I and Phase II after issuance of the Notice to Proceed. Immediately after contract award, contractor must be prepared to submit all required documents, structural calcs, and fabrication submittals. Preconstruction meeting shall tape place one week after Council award on January 19, 2016. The contractor shall commence construction on or before February 8, 2016. Phase I: Contractor shall complete all work on the west side of the stadium within the first 30 working days. Liquidated damages shall be $1,000 each day if not completed after the first 30 working days. Phase II: Contractor shall complete work on the east side of the stadium within 30 workings days after Phase I has been completed or sooner if Phase I has been completed before its 30 working days requirement. Liquidated damages shall be $1,000 each day if not completed after the last 30 working days. Deadline for completing all work shall be May 20, 2016. The liquidated damages amount in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications shall be $1,000 per calendar day after the Final Completion of the 60 working days, including Bid Alternative(s) if awarded, as specified herein for contractor to achieve Final Completion of the entire work. Name of Firm Metro Builders & Engineers Group, Ltd. Signature of BIDDER Title President (if an individual, so state) BP -3 of 17 23A -12 1 'LIM -Irklili -MAH1l PROPOSAL PROJECT NO, 16 -2656 SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIR BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted In lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted In lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Btisiness and Professions Code, the undersigned certifies under penalty of perjury that thef regoing is true and correct. Name of Firm Metro Builders &E mers Group, Ltd . s'/ Signature of BIDDER Title President (if an individual, so state) (If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) 13P -4 or 17 23A -13 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -2656 SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIR CONTRACTOR'S LICENSING and REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his /her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Metro Builders& Engineers Group, Ltd, Business Address: 2610 Avon Street Newport Beach CA 92663 Business E -Mall Fouad @metrobuilders.com; Shelly @melrobuilders.com; Estimating @metrobuilders.com Address: Telephone: 949 -515 -4350 X:23 State Contractor's License No. and Class: 597589 License Expiration Date: 0712016 State Dept. of Industrial Relations (DIR) Registration No.: ,/ State Dept. of Industrial Relatio sr(DIR) Registration Expiation Date: 0612016 Signed: Title: President BP-5 of 17 23A -14 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -2656 SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIR PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true a Name of Firm Metro Builders &Eligineers Group, Lld. Signature of BIDDER Title President (if an individual, so BP -6 of 17 23A -15 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -2656 SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIR OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE i SS: CITY OF SANTA ANA ) Fouad Houalla , being duly sworn, deposes and says: ❑ INDIVIDUAL That he /she is the party making the foregoing proposal: ❑ PARTNERSHIP That he /she is a member of the co- partnership firm designated as: and who has been and Is duly vested with the authority to make and execute Instruments for the co- partnership by: who constitute the other members of the co- partnership. INCORPORATION That he is of: president a corporation which is making the foregoing proposal: ❑JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he /she has been and is duly vested with the authority to execute Instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collpsNe or sham, and has not in any manner sought by collusion to secure l advantage a nst the City of Santa Ana or any person interested in the proposed cbnjr�t, fo imself or ny other person. :.•- Subscribe and s orn to bef To me this 3oth day of November 20 16 Sign of le dministering Oath (Notary Public) z °r art BP -7 of 17 23A -16 SHELLY JEAN IRVINE Commission # 2016404 Notary Public - California n Grange County p My Comm. Expires Apr /. 20' g CITY OF SANTA ANA PROPOSAL PROJECT N0, 16 -2656 SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIR KNOW ALL PRESENT that, Metro Builders & Englneers Ltd. American Contractors Indemnity company , as BIDDER, and , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Tan Percent of the total amount bid Dollars ($ 10"x° ), which is ten 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 25th day of November ZD 15 BIDDER* Metro Builders &Tngineers Group, SURETY* Jose Hamilton, Attorney -in -Fact ` (�n`5ubscribed and sworn to before me see attached , 20._ Signature: Notary Public in and for the County of ,State of this -day of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. BP -8 of 17 23A -17 FZFiVC120FATT , 111 �'. k I� VIIII tl, ll �l,�ln AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY ICNDIX? ALL N jFW BY TPIESE PRESF� assumed n�l `=�ooni�tute od}}�' TS l 11i tericanContractors lndemn yomp�iiy, a California corpplattoey,=C ras i 1' „odors Indemnt PCCC ru`at LIlitt t €ates Surety ColSpecia(tyTny� Ire. corporation >olLty,J Iff C�sm- pnias "), do bysr�ntn and appoint: Jeffrey W. Cavignac, James P. Schabarwn II, Jase Hamilton or Theresa Lau of San Diego California tls f;uejt d awfN Attomey(s) -in factt gagb in lt sepf°ate capacity if in tl7anl onle Igill 6 l � bove, with full power anti a41nna }� heronf�f wts name, laccgttltlexecuTe �knowled e a I dl, A Ianf, �I Bids recogmzauerunzlerFaldu °`° oe a�ssl'rurner is or co trac Lgllij ynh�tr irfade riders, ar l i YWt ®I�ti IslGyl r) l,nser� s of surety, Ilxooldhaw&h M — * ** *fifteen Million * * * *' &h, III III', Dollars =-�j erl�lty does not exceed - — — ( This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: _ Be it ResaFxar/ thatlhe President, any Vice President, an tstan -president, any Secretary or any Assrstant:S,eeretnry, shall be and is Hereby vested with full �pn�ei a�uthTnty-ttttpmnt any one or Igui} a s'b'lil s P �t� �l ey(s) -in -Fact to repmaem ii3a�L�lialf of the Company subtlRt.to theSollawrng li ll 'III J l loll ��''' ii V ill. 11111 - — " it °- W rtert]cyTfY7�COr may 5 -given full power r� i!tlYttttr♦ilir�ly t an n b r aY'he of and bn bohat [� nny �xtieule, ucicnowledge and d et�ati d aCl'bonds; recognizanecs, contracts, agreements or ul el uiTy and other, conditional or obligatory undekmgs, mcluding.any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability therounder, and any such instruments so executed by any such Attorney- in-Pact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. - Be n Resu]pdd,that=Eks signature of any authrr��,d- afficencL�eale Company heretoforell rhq�l e power e (IIII fl I &eI I'I IIII dI IIaI' I,'l�l �r t I 4 .. c power wer of attorney or ausim l��ny o €atto cdcfbaari �rte signature or ry)s n r_ W ce' ' — fF ca�— a- n-n— g binding upon the � spiel Which it t IN WLTNESS WHEREOF, TheCompanies have caused this instrument to besigned and their corp orate seals to be hereto affixed, this Ist day of December, .2014. - - AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY or eats UNITED SII AT SU' , C yI'1PANY U S- SPECIALTjIINSI —M NCLFCOMPANY — Y�� 1l W�vim' Y'rs q*' lil}KWyt �' _ n y . — ; IX �, 3 0l_ By. =t ” a If Daniel P. Aguilar, Vice President 1 �Aouwmenf to whie�i ¢hui coriticate is ati ��- .- 3taf"a -1i' !nty of Los Angeles- -SS: On this tat day of December, 2014 befe tut @u �l1111111111'�',I °,�uo-uuluu'r' a G Rbdriunez -Wone a notary ptiblio, personally., apps, the basis. efsatstaetery evidence to be the person who urns i a bscnbed to the w �i thF and that b 19s e��i�� ehl tl eII� �� t IleI person, or the at .Zc tfft17�FJAi PY OF PER7UR'SI II I l'P �111� 4' �h tat df California thai "— P✓LTNESS my hand and official seal. - Signahue � (Seal) z Mahae hatekson ,Assistant Seers /Wencaonnractors Indemnity Ca and U.S. Specialty Insurance Company, do hereby certify that the above and foreg said Companies, which is still in full force and effect; furthermorp,1I resolutions fill force and effect; . a -1 the — Dan P. Aguilaq Vice President of American nsorance- Company who proved to me on ,lodged to me that he executed the same in & erson acted exe _ t e and correct . ­77Z7 Commission i 2049771 t Notary public- California _ IAn9aI 0 un - �l� ul iiij Ill !� 20,2017 I�I II O ail l as tltlih' Company, United Sn,I& re�Company a true and .correct copy of a Power of Attorney, executed by Boards of Directors, set out in the Power of Attorney are in - Califomiif,this aye" Chalehson, Assistant Secretary .a 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 County of San Diego �Sc � - V-i(AMI k- 1V0\'"1 Subscribed and sworn to (or affirmed) before me on this 25 _ day of November 2015 by Arnie Edstrom Notary Public _ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. AMIE EDSTROM Commission S 1998094 a San Notary Public - California Diego County Signature (Sean Comm. Ex Tres Oct 29, 2018 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (file or description of attached document) (Tllle or description of attached document continued) Number of Pages Document Date Additional information INSTRUCTIONS The warding of all Jumis completed in California after January 1, 2015 must be in the form as set Inch within this Juraf. Tham are no exceptions. If a Juraf to he completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing Ilia correct warding or attaching a separate juraf loan such as this one with does contain the proper wording: In addition, the notary must require an oath or affirmation from the document signer regarding the buffdulnoss of the contents of the document. The document must be signed AFTER the oath or affirmation. If Ilia document was proviousfy signed, R must be re- slgned In front of the notary public during the jurat process. • State and county Information must be the state and county where the document signers) personally appeared before the notary public. • Date of notarization must be the date the slgnons) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal Impression smudges, re -seal If a sufficient area permits, otherwise complete a different jurat form. Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document with a staple. 23A -19 CALIFORNIA JURAT WITH AFFIANT STATEMENT —i See Attached Document (Notary to cross out lines 1 -6 below) See Statement Below (Lines 1 -5 to be completed only by document signerfs], not Notary) Signature of Docwrlent Signer No. I Signature of Document Signer No, 2 (If any) State of California County of Subscribed and swOrr \to (of, affirmed) before me on this „A 6 _day of yU�i4G� 20M�,by Dale Month yea( Mr SH +per ELLY JEAN IRVINE Nerve signer m t.. ., Commission # 2018404 [ proved to me on the basis of satisfactory evidence I� "s� � y Notary Public - California A to be the person who appeared before me r Orange County 9 My Gnash txpires Apr 7, 2017 (and proved to me on the basis of satisfactory evidence to be the perso who appeared b e me.) Signature _ Si ue of Notary Public Place Notary Goal Above �q g pygg O TPt7N AL Though the Information below is not mquG'ad by larv, It may prove valuable to persons relying on the document and could prevent traudulont romoval and reattachment of this forof to another document Further Description of Any Attached Document 1Itle or Type of Document:,. Document Dan: __ ..... _ ....... _ --- .. .. _— ------ - Number of Pages: Signei(s) Othor Than Named Above: lop of thumb here Top of thumb here 02007 N.l.o.1 Notary Assndalinn• 93,90 Do Soto Ave., R.O. Box 2402• Chatsworth, CA 913132402• w Nationaftbryorg Item45910 Reorder Cell "Ioil Free 1.000- 8766627 23A -20 COST ANALYSIS PROJECT NO. 16 -2656: SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIR Construction Contract $ 468,639.60 Contract Administration $ 38,133.00 Inspection and Testing $ 51,535.40 Survey $ 0.00 Contingencies $ 130,992.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 689,300.00 EXHIBIT 3 23A -21 23A -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: DONATION AGREEMENT WITH LATINO HEALTH ACCESS TO SUPPORT FAMILY LITERACY (STRATEGIC PLAN NO. 5,4) CITY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-IT100TOMWO ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Latino Health Access for a one -time donation amount of $1,000 subject to non- substantive 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 Roman Reyna recommends to appropriate $1,000 to Latino Health Access to support their weekly Leyendo En Familia program, 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). 25A -1 Donation Agreement with Latino Health Access to Support Family Literacy January 19, 2016 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 $1,000 will be spent from Councilmember Roman Reyna's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 5,f, Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25A -2 City of Santa Ana Donation Request 'F ,Name: jAmerica Bracho 'address: kd 1450 W. 4th Street, Suite 130 ;City, State, Zip: !Santa Ana, CA, 92705 �Emall: 'amedca@latinohealthaccess.org Name: I Latino Health Access Status: Is your organization a non-profit or public tax-exempt organization as Section 501 (a)(3) of the Internal Revenue Code? City Manager'& Office — Mt3l 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 Executive Officer �M�02 will only quality for a credit tot City-related costs for your request (l, a. permit tees, if Yes ' rental rates for facilities or equipment, etc.). Costs for City services vary and If ', credit may or may not cover full cost of requested City services. 16ir ID ;City Services Credit 14r4unt Requested: treat Payment Amount -Event Location: lAddrose, City, State, Zip i 0 1100to Needed: $1,000 iEvonl[Dats, lEvery Wed. Time: Latino Health Access' Green Heads Families Park, 602 E. 4th Street, Santa Ana, CA, 92701 [This request Is forthe "Leyondo on Familla" (Family Literacy Program), a weekly reading program with -the goat — pion of 1 increasing Ifteray among low-income Latino children In Santa Ana, The program engages parents and children in reading I Purpose: !lessons dasitined to increase reading frequency. As part of the program, families also have access to a lending library ;with books for children from Pre-K to young adults. Attached, you will find more detailed Information about this program. i TK6"[eyeno on -am Tlmr;" prograr67(mgades parents reading frequency and employ key reading strategies. The program Is offered to low-Income families In Santa Ana, many tunity Benefit: i 1 of whom live In surrounding apartment complexes that average 10 people in a 1-2 bedroom apartment. Parent participants cannot afford to purchase books for their children. Our program provides access to books. Please see attached, Mail: City Manager's Office— M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Email: donationrequest@santa•ona.org Fax*. (714) 647-6954 Revised 8/25/2015 25A -4 CITY OF SANTA ANA DONATION AGREEMENT WITH LATINO HEALTH ACCESS 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entereduito on JANUARY 19, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and LATINO HEALTH ACCESS, a California 501(e)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement, 2. RECITALS 2.1 Coininunitv Benefit. The City wishes to provide Recipient with funding to assist Recipient in their weekly Leyendo En Familia program, a FAMILY LITERACY PROGRAM ( "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 Pig pose. The City, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will ENGAGE PARENTS AND CHILDREN IN READING TO INCREASE LITERACY. 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 DOLLARS ($1,000) for the weekly event that is held on Wednesdays, because the City has determined that there is a public propose 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 teens 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 Term; Termination of Agreement. This Agreement shall take effect on the date first above written slid remain in effect unless and ruitil terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or withotirt 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 amzum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fronds will be used for a propose whicl.2 may cause a significant risk of EXHIBIT 2 25A -5 CITY OF SANTA ANA DONATION AGREEMENT WITH LATINO HEALTH ACCESs Page 2 of 3 injury, the City may, in its sole discretion, require 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 fonns, 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 Commtimity 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, willful 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 Agreenent, 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, darnages 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 there 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 ternnination of this Agreement. 3.6 Entire Contract/Modification, This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terns and conditions of this Agreement maybe altered, modified or amended only by written agreement signed by bath Parties. 3.7 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. EXHIBIT 2 25A -6 CITY OF SANTA ANA DONATION AGREEMENT WITH LATINO HEALTH ACCESS Page 3 of 3 CITY OF SANTA ANA By: David Cavazos City Manager Attest: m Maria D. Huizar Cleric of Council Approved as to Form: By: T e sM. Funk ssistant City Attorney LATINO HEALTH ACCESS a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 25A -7 25A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC. FOR LANDSCAPE SERVICES IN CITY PARKS AND FACILITIES {STRATEGIC PLAN NO. 6, 1B) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Merchants Landscape Services, Inc. to provide landscape maintenance services in District 1 in an annual amount not to exceed $204,943, and in District 4 in an annual amount not to exceed $574,976, for a total annual of $779,919, which includes a 10% contingency, for a term from February 1, 2016 through January 31, 2018, for a total contract amount of $1,559,838 during FY 15 -16, FY 16 -17, and FY 17 -18, with two, one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) divides the city into four maintenance districts. On November 2, 2015, PRCSA issued a Request for Proposal (RFP) for the landscape maintenance of districts 1 and 4. The Agency received four proposals from interested companies. An evaluation committee consisting of two representatives from PRCSA and one from Public Works Agency reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which includes firm /team experience, relevant project experience, scope understanding, references and fee. The results of the RFP evaluation were as follows DISTRICT 1 Score (300 Max) Ranking DMS 217 3 Landscape West Management Services, Inc. 186 4 Mariposa Landscape, Inc. 233 2 Merchants Landscape Services, Inc. 270 1 25B -1 Agreement with Merchants Landscape Services, Inc. January 19, 2016 Page 2 DISTRICT 4 Score (300 Max) Ranking DMS Did Not Submit NA Landscape West Management Services, Inc. 186 3 Mariposa Landscape, Inc. 248 2 Merchants Landscape Services, Inc. 251 1 The City proposes to enter into a two -year agreement with Merchants Landscape Services, Inc. with two, one -year renewal options, for the maintenance of district 1 and 4. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT Funds are available in the PRCSA -Park Maintenance (no. 01113250 - 62320), Police Department - Criminal Activities (no. 02614450- 62300) and Finance and Management Services -City Yard Operations (no. 08510138 - 62300) expenditure accounts for the remainder of FY 2015 -2016 in the following amounts: $310,758, $3,575 and $10,633, respectively for a total of $324,966 during FY 15 -16. Funds will be budgeted in the same accounts for the following years and amounts, including renewal periods, if executed: FY 2015 -2016 - $310,758 ( PRCSA), $3,575 (PD), $10,633 (FMS) Contract Year 1 FY 2016 -2017 - $745,819 ( PRCSA), $8,580 (PD), $25,520 (FMS) Contract Year 1 & 2 FY 2017 -2018 - $435,061 ( PRCSA), $5,005 (PD), $14,887 (FMS) Contract Year 2 Contract Total $1,559,838 FY 2017 -2018 - $310,758 ( PRCSA), $3,575 (PD), $10,633 (FMS) Renewal Year 1 FY 2018 -2019 - $745,819 ( PRCSA), $8,580 (PD), $25,520 (FMS) Renewal Year 1 & 2 FY 2019 -2020 - $435,061 ( PRCSA), $5,005 (PD), $14,887 (FMS) Renewal Year 2 Optional Renewal Total $1,559,838 25B -2 Agreement with Merchants Landscape Services, Inc. January 19, 2016 Page 3 Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency 9ff /( /l)j A GGarkos Rojas Chief of Police Santa Ana Police Department EXHIBIT: Agreement APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, u, -(oy) Executive Director Finance and Management Services Agency 25B -3 25B -4 AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES CITY OF SANTA ANA (PARK DISTRICTS 1 AND 4) THIS AGREEMENT is made and entered into this 19th day of January, 2016 by and between Merchants Landscape Services, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. On November 2, 2015, the City issued Request for Proposal No, 15 -112, by which it sought proposals from qualified firms for landscape maintenance services at City parks in Districts I and 4. B. Contractor submitted a responsive proposal that was selected by the City for both districts. Contractor represents that it is able and willing to provide the services described in the scope of work for both districts that was collectively included in RFP No. 15 -112 as Attachments 1, 4, 5, 6, and 7, and that is attached to this Agreement in its entirety as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 11 SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement Contractor's proposal is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B. The total annual sum to be expended under this Agreement shall not exceed $779,919 during the term of this Agreement. This annual arnount is comprised of (1) the sum of $709,017 [$186,312 for District 1 and $522,705 for District 4] and (2) a 10% contingency of up to $70,902 for services as may be performed by Contractor at the sole discretion of City. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. II Sol: 0l This Agreement shall commence on February 1, 2016 and terminate on January 31, 2018, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. r �- 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects, Since the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws S. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an einployer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 Contractor under this Agreement ( "Documents & Data "). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Docrunents 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. 7. INSURANCE Prior to undertaking performance of work rider this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against olainis arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agrcement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single r limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amoLmt of $1,000,000 per occurrence, with $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 insureds provisions. 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 California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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) Contractor shall supply City with a fully executed additional insured endorsement. f If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and clahms for property damage, which may arise frorn the negligent operations of the 2.5'B'% Contractor or its, 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 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 terns of, or effects, arising frorn this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects wising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor Services are subject to Civil Code Section 2782.8, Ure 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 willfiil misconduct of the Contractor. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement, All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also infonnation transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any mamer with performance of services specified under this Agreement. r 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: Cleric 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: To Contractor: Gerardo Monet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M -23 P.O. Box 1988 Santa Ana, California 92702 Fax 714 -571 -4211 Merchants Landscape Services, Inc, 1510 S, Lyon Street Santa Ana, CA 92705 Attn: Mark Brower, President 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, connnunication 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 Contractor regarding the subject matter therein, aid supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement r�o 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 Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null aid 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, Contractor shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an espial opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be cause for termination of this Agreement. 259 -10 19. 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 dainages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Joh . P ank Assistant City Attorney FOR APPROVAL: Gerardo Monet Executive Director Parks, Recreation, and Conununity Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Mark Brower Merchants Landscape Services, Inc. Tax ID# 25B -11 Exhibit A. SCOPE OF WORK LANDSCAPE MAINTENANCE (DISTRICT 1 AND 4) Deseripd n of Work ROUTINE MAINTENANCE Each morning at the start of the workday the Contractor's Supervisor or their designated representative shall inspect each site and respond immediately to any malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and /or property by reporting the condition immediately to the Director's Representative. Failure to inspect each site daily before 9:00am will result in a $300 penalty per site. Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit B and per the City of Santa Ana Park Services Standards (see Attachment 4). 1.0 Turf Care -Shall be differentiated by the two types of turf - "Casual Turf' and "Priority Turf'. The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades. Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. All visible turf clippings shall be removed from the site the same day turf care occurs pursuant to SAMC Chapter 16. Furthermore, the Contractor shall prevent turf clippings from leaving the site into streets or any other adjacent properties. From time to time the Director's Representative will direct the Contractor to change mowing patterns to minimize rutting and compaction, 1.1 Casual Turf Mowing -AIl "casual" turf (non - priority turf) shall be mowed every other week. The Contractor may use rotary mowers to mow casual turf. The City prefers that the Contractor use Kubota L5060 tractors equipped with turf type tires and tractor powered Trimax ProCutS3 -237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3 -178 69 "rotary detail mowers for areas between trees and other park amenities. The Director's Representative shall determine height of cut. String trimmers are not allowed for mowing turf. 1.2 Priority Turf Mowing -All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2 ". In order to achieve a quality cut at this height and not leave clippings the City prefers the Contractor use the following equipment and methods: The Contractor will perform a first cut using a rotary mower with clipping catching capability followed by using a Kubota L5060 tractor equipped with turf type tires and tractor powered Trimax ProCutS3 -237 91" rotary mower and a walk behind Jacobsen Eclipse2 reel mower along priority turf areas. Note that the Contractor shall perform quality sport turf mowing and detailing to the Director's Representatives satisfaction regardless of the equipment and methods the Contractor elects to use. The Director's Representative shall direct the Contractor to mow the priority turf lower than 1/2" if necessary. Note that the ball diamond infield maintenance contractor shall be responsible for mowing turf infields, including foul territory turf area, 25B -12 36" beyond the skinned infield arc, and other designated ball diamond turd' areas. Infield maintenance shall not be part of this REP. 1.3 Edging and Detailing Edging /detailing of the entire site shall be performed at the same time rnowing occurs. The City prefers that all edging shall be performed with the use of a McClain's edger or approved substitute walk - behind or fixed blade stick edger. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. Edging /detailing may occur with string trimmers around park amenities that are not immediately adjacent paved surfaces. Chemical detailing of turf may occur only with the Director's Representatives approval. If chemical detailing is performed, the Contractor shall spray maximum 3" and use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. The Director's Representative may require the Contractor to use string or rope lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. The Contractor shall detail around trees, along walls /fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director's Representative shall direct the Contractor to repeat the detail process. Shovel cut detailing shall be repeated a minimum of every 3 months to maintain crisp evenly round lines. The Contractor shall detail turf not greater than 1" away from park amenities walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply sandy loam top soil and an approved turf sod to reduce any existing bare soil areas along walls /fences that are greater than P. 2.0 Groundcover Care 2.1 The Contractor shall service ground cover /shrub beds on a bi- weekly basis. These areas shall be maintained within their intended bounds and edged and /or detailed to keep the beds looking manicured at all times. Groundcovers shall not be allowed to grow into other groundcover beds, shrubs, vines or on trees. All plant material shall be maintained in an attractive and healthy condition. 2.2 Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and /or into other plants, etc, All sites shall be cleaned immediately following each edging /detailing, including streets. 25B -13 3.0 Shrub /Vine Care 3.1 Shrub All shrubs shall be serviced every other week. Shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director's Representative. Dead or damaged limbs shall be. removed so that no projections or stubs remain. Pruning /trimming shall be done by hand shears or loppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. `Box hedging" may be required on some shrubs, as set designated by the Director. "Box hedged" plants will be required to have all three sides level and straight to the satisfaction of the Director's Representative. In order to achieve straight and level lines of shrubs the Contractor shall run string lines to assure straight pruning. Shear hedging or severe pruning /trimming of plants, unless authorized by the Director's Representative, is not permitted. Topping of plants whose natural growth sterns from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director's Representative. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons, 3.2 Vine Contractor shall plant 250 per year at its own expense I gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director's Representative. The Contractor shall also prune the vine back to the wall to reduce the width and weight of the vine one -time per year in May. The Contractor shall keep vines off telephone poles or other non -wall surfaces at all times. 4.0 Tree Care The Contractor shall perform all tree services per the City of Santa Ana Park Services Tree Services Specifications ( PSTSS) up to a height of I5'. All pruning shall be `Complete' per the PSTSS (sec Attachment 2). 4.1 Tree Service The Contractor shall perform continuous `Complete' tree pruning service including but not limited to raising tree branches to a safe and functional height for the type of activity 25B -14 beneath or around the tree (see Director's Representative for appropriate heights per activity beneath or around trees). Hi addition, the Contractor shall remove stubs, damaged, diseased or dead branches from trees. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is `Complete' pruned as set forth in the PSTSS (see Attachment 2), In addition, the Director's Representative may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning /trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. Contractor shall remove hangers under 15" and fallen limbs 80 lbs. or less, 4.2 Staking, Tying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director, Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. 43 Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall dispatch their International Society of Arborist TRAQ Certified Hazardous Tree Professional evaluate the trees and provide a written report listing findings and recommendations. 4.4 Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning /trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by an International Society of Arborist TRAQ Certified Hazardous Tree Professional approved by the Director's Representative. Contractor shall provide an exact location and separate evaluation /report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the TRAQ Certified Hazardous Tree 'Professional determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the TRAQ Certified Hazardous Tree Professional 25B -15 determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire, the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 5.0 Playground /Tot -Lot Areas 5.1 Daily Maintenance - The playground /tot-lots /equipment shall be blown free of debris, sand /wood chips on play equipment, rubberized fall areas and surrounding concrete areas daily. Any sand /wood chips that accumulate on the rubberized surface shall be reused. Sand /wood chips and debris on the playground equipment shall be removed. 5.2 Weekly Maintenance - The Contractor shall loosen compacted sand /wood chip areas, re- grade sand/wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand /wood chips to assure that debris and any other foreign objects are removed, removal of weeds, and remove exposed filter fiber and dispose of. The City shall be responsible for all playground equipment and tot -lot area safety inspections. 6.0 Sport Court Maintenance 6.1 All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. 6.2 Contractor shall continuously replace tennis and basketball nets when they become worn or vandalized. The City shall furnish nets. 7.0 General Maintenance and Clean -Up The Contractor shall establish a Trash Crew to blow down all paved areas, pick -tip trash/debris and to empty /clean trash receptacles daily. Daily Maintenance 73 All trash and debris (twigs, branches, sand, gravel, rock, wood chips, glass, metal, paper, etc.) on the ground or in trash receptacles shall be blown - off /removed from all worksites landscaped and paved areas each day Monday through Sunday before 12:00 p.m, This includes all parking lots, landscape areas, paved areas, street curb gutters, flood control channels, etc. The Contractor shall not blow broken glass or any other potentially hazardous materials into landscape areas. Trash shall consist of all items 80 lbs. or less. All trash receptacles and lids shall be wiped clean with a germicidal product. Picnic shelters, drinking fountains, picnic shelter concrete pads, trash reccptacles, concrete or asphalt areas with stains around trash receptacles, park security lights, park 25B -16 benches, walls, ball diamond backstops, ball diamond dugouts, ball diamond and other sport concession areas /patios /perimeter areas and ball diamond bleachers and the pavement beneath them and other park amenities shall be washed/cleaned daily. 7.2 The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. 7.3 After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 7.4 The Contractor shall keep sidewalks and all other paved areas clean and free of any debris, dirt, glass, weeds, leaves, etc. at all times. 7.5 Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather, 7.6 Non- pedestrian parking lots, top of curbs, gutters, stamped or other enriched hard roadway surface areas, shall be thoroughly cleaned once per week. 7.6.1 The Contractor shall hire a sub - contractor specializing in parking lot Cleaning to clean the roadway and parking lots at Centennial Park. The work shall be performed by the sub - contractor in the early morning bouts or at a time of day that will not disturb residents. If the work is to be performed during the day, the sub - contractor shall develop a strategy to close off parking lots to prevent people from parking so he /she may clean the entire parking lot. 7.7 Vacuums, blowers, sweepers, shovels or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be thoroughly cleaned and picked Lip /removed from the site. All non - pedestrian pavement, curb top /bottom, gutters, etc. shall be thoroughly cleaned. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, loose rock, sand, soil and trash. The City shall approve any equipment that is to be used for cleaning parking lots. Large trash items in excess of five inches length or width, a muddle of smaller items, spills, and any material (including tree /plant material) that creates a safety hazard shall be picked up daily. 7.8 Daily Site Amenity Blowing & Cleaning — Contractor shall maintain site amenities, patios, pool decks, playground equipment, and pedestrian paved areas free of debris. Slap tags, tape, string, nails, push pins, wire, etc, shall be removed from, but not limited to, picnic tables, park benches, skate park, walls, planters, pool dooks, raised curbing, railing, exterior of buildings, light standards, overhead shelters, etc. 7.8.1 All barbecues shall have ashes, charcoal or any other materials removed once a week. Contractor shall paint the exterior of the BBQ's and the post with heat and rust resistant flat black paint whenever rust appears. 7.9 All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the .Director's Representative, the flag is not be in good condition (faded, discolored, torn and /or having holes) the Contractor shall immediately 25B -17 request from the Director's Representative a new flag. Contractor shall raise the new flag immediately upon receipt from the Director's Representative. 7.10 Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build tip, algae, stains, etc, using any method deemed expedient. The Contractor shall achieve this level of quality using a combination of cleansers, pressure washer, metal polish product, hand and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 7.11 Priority Turf Field Maintenance -The Contractor shall establish a Sport Turf Management crew to specifically perform specified Priority Turf Field Maintenance, 7.11.1 Daily Maintenance Maintenance shall be defined as all areas outside the field of play and sidelineMugout areas where coaches, players and others associated with the game gather. Priority Turf perimeter maintenance shall be performed daily. Maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm -up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas to remove brick dust, washing off stains and /or all other foreign material. In addition, removal of such as sunflower seeds or peanut shells, so that all areas, including bleachers, backstops, pavement and landscape areas, are 100% free and clean. All debris mentioned above shall be collected and disposed. Blowing debris into turf or adjacent areas is riot acceptable. The contractor shall perform irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. The contractor shall maintain level fence line areas using a rock or leveling rake. All Priority Turf Fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with approved USGA mix mixed with Stovers Bermuda Dunes grass seed during the spring /summer and Stovers Grand Slam perennial rye grass seed daring the fall winter to re- establish the areas. Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide a level- playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. 7.11.2 Non - recurring maintenance: During inclement weather the Contractor shall work to reopen Priority Turf Field as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. 25B -18 8.0 Other Requirements 8.1 Weed Control Application Agricultural pest control services shall be supervised by a state licensed/certified agricultural pest control employee or approved sub- contractor. The Contractor shall notify the OC Agricultural Commissioner's Office and the Director's Representative via email a minimum of 48 hours in advance of any pesticide applications. The required information shall be the name of the company performing the application, the proposed pesticides to be applied listing the manufacturer /name of the pesticide, the rate(s) of application, the reentry period and the method of application. Furthermore, the Contractor shall copy the email to the Agricultural Commissioner's Office, thereby, notifying their Inspectors of your sub - contractor's or QAL /QAC intent to apply pesticides. Furthermore, Contractor's sub - contractor or QAL /QAC shall post on A -frame barricades plastic sealed 18 "x24" at minimum 300' intervals (where applicable) public notification posters listing the company performing the application, the proposed pesticides to be applied listing the manufacturer /name of the pesticide, the rate(s) of application, the reentry period and the method of application. 8.1.1 Weed Control All hardscape and landscape planting areas (excluding turf areas) shall be kept free of weeds at all times. Weeds shall be removed by hand and /or approved. mechanical or chemical methods. The Director's Representative may dispatch City staff or other contractor's to remove /eradicate weeds that reach two (2) inches or greater or when weeds exist in turf areas and are not removed /eradicated immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. 8.2 Work Not Scheduled The Director's Representative may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City, 9.0 City Inspection The Director's Representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, The Contractor agrees that the City shall; 1) withhold from Contractor's next monthly payment, the City's actual or estimated cost of performing the work; or, 2) hire a contractor or City staff to perform the work not performed and then withhold from the Contractor's next monthly payment the City's actual cost for performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per item specified herein not performed, per day not meeting the specifications during any such inspection. 25B -19 Furthermore, it is not the Director's Representatives responsibility to inform the Contractor when work specified in the specifications was not performed or that deficiencies exist. It is the Director's Representatives responsibility to inspect the properties to verify that work was performed to the specified level of quality and time frame followed by reporting that the work was performed satisfactorily or not. It is the Contractor's responsibility to provide adequate supervision and staffing to perform all aspects specified in this agreement. Should the Director's Representative create Power Point punch lists, essentially performing the Contractor's Supervisor's responsibilities /duties of determine what work needs to be performed in accordance with the agreement specificaitons, the City shall deduct $300 per Power Point prurch list from the Contractor's monthly invoice. 25B -20 APPENDIX TO EXHIBIT A ATTACHMENT 1: ADDITIONAL PROVISIONS Consultant Responsibilities: 1.0 GENERAL CONDITIONS 1.1 Definitions. 11.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 1.12 "SAPRF" shall mean Santa Ana Park and Recreation Facilities. 1.13 "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 1.1.4 "Weed" shall mean any undesirable or misplaced plant. 1.1.5 " Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mowstrips, etc. 1.2 Scheduling of Work -The Contractor shall provide landscape /grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's Representative consent. Landscape /grounds maintenance that generates excess noise cannot begin before 8:00 a.m. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract, In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:00pm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person /crew will be performing specific work in accordance with the specification. 1,3 Local Office -The Contractor shall maintain a physical office within the 714 area code (local office), The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.4 Outside the Scope of Work- Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: -Acts of God -Civil Disorder - Vehicle Collision (excluding Contractor and its employees and subs) - Excavation or re- surfacing of the street -Power failures - Underground wiring damage 25B -21 Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. 2.0 UNIFORMS AND VEHICLES IDENTIFICATION 2.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to Lmiform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, sills screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3,0 SAFETY REQUIREMENTS 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his /her companies City approved Illness and Injury Prevention Program. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching /shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 33 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his /her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 4.0 SAFETY NOTIFICATION 4.1 If Contractor identifies a potential safety 'issue, Contractor shall: 4.13 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 4.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the 25B -22 condition, as specified above, Contractor shall have no further responsibility regarding the condition. 5,0 UNDERGROUND ALERT SYSTEMS 5.1 Underground Alert Systems (telephone number 1- 800.422 -4133) must be notified 48- hours in advance prior to any excavation work, 6.0 PROPERTY DAMAGE 6.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 7.0 ACCESS TO PRIVATE PROPERTY 7.1 Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and /or consent required from City and /or property owner 8.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 8.1 The Contractor shall protect City and /or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property ", 9.0 TRAFFIC CONTROL 9.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee permit from the City. Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. 10.0 MONTHLY REPORTS 10.1 Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: 1) the Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules; 2) certified payroll of employees assigned to the contract areas; 3) organizational chart or equal listing the names, titles, schedules and assignments of all persons working on the project; 4) invoices and packing slips of name, type and quantities of commodities purchased; 5) annual /monthly pesticide use report completed on the City's Excel form; 6) irrigation report including, but not limited to, name of park/facility, location in park /facility, controller, letter, station numbers and their description (priority turf, casual turf, groundcover, shrub, amoral color) days of week on /off, run times, start times, water 25B -23 budget percent, weekly ET, percent of ET programmed, a detailed description of system deficiencies and schedule of repairs; and, 7) "green waste" recycling report. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. 11.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS 11.1 The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs and performing the weekly visible irrigation checks and the providing a monthly written irrigation test report by park/controller/station. 12.0 SPECIFICATIONS INTERPRETATION 12.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations 13.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 13.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and /or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred. 13.2 If the Directors Representative requests or directs the Contractor to pet-form work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 13.3 Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations, Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 25B -24 14.0 SUBSTITUTIONS 14.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 15.0 CERTIFICATION & APPLICATION OF MATERIALS 15.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at his/her cost. 15.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials, The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 16.0 CONTRACTOR NEGLECT 16.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 17.0 CONSTRUCTION EQUIPMENT 17.1 The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 18.0 SOUND CONTROL REQUIREMENTS 18.1 The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract, Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 19.0 INQUIRIES AND COMPLAINTS 19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own nattic or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and /or private citizens during normal working hours. 25B -25 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director's Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 20.0 NOTIFICATION OF LOCATIONS OF WORD. 20.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 21.0 WORKFORCE 21.1 The Director's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contractors employee or sub - contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 22.0 MATERIALS 22.1 The .Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and /or chemicals that may be used pursuant to the terms of this Agreement. 25B -26 The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use /application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. 22.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative. 22,1,.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. 23.0 TRASH DISPOSAL AND RECYCLING All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters /green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City may allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be, paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service.\ City Responsibilities 1.0 CITY- DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under die Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative, In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the 25B -27 authority to accept /reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his /her discretion, The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Additional Services The City reserves the right to request additional services associated landscape maintenance. Prior to performance of any work the City will negotiate scope /pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. Annual Color Planting and Maintenance Specification Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different threes of the year may include, 25B -28 but not be limited, to the following annual bedding plants as approved by the Director: ...Sprit Otanmer- -April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa Daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Fall /Winter Iceland poppies, Pansies, Viola, Steel,, Snapdragons, Primroses, Ranunculus Contractor shall check annual color beds daily (Monday through Friday), If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing /damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation, STFA Seed Topper Testing REautirements The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S, Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a CAPTP certified lab within 30 days of delivery to the City of Santa Ana. The Director's Representative reserves the right to take samples of compost products delivered or used in the City of Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. Policy for driving on Park Property Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 301bs. of equipment or supplies to ajob site B. When there is no improved surface within 40 yards of the worksite, C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with die 25B -29 employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors most avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities, Driving on turf is not acceptable in these situations. 25B -30 APPENDIX TO EXIIIBIT A ATTACHMENT 2: TREE SERVICE SPECIFICATION 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies and procedures have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 2,0 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities ( SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. 2.1 Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. 2.2 Complete and Aesthetic Specifications are used when circumstances deem the entire tree needs to be fully pruned and in addition shall be reduced on the perimeter of the tree canopy to provide a formal appearance. Examples of when Complete and Aesthetic pruning may occur are government civic centers, commercial- retail centers, and formal landscapes where uniformity in appearance is required. 2.3 Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead /dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. 2.4 Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. 2.5 Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRP trees receive the best possible care. 3.0 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: 3.1 Proper disposal of all tree, debris generated. 25B -31 3.2 Assuring good traffic control and minimize disruption of the public. 3.3 Assuring adequate safety of employees and the public. Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. 4.0 ISA CERTIFICATION REQUIREMENTS The Contractor shall employee a full -time, permanently certified personnel, as accredited by the International Society of Arboriculture. 4.1 The Contractor shall employee an ISA Board Certified Master Arborist© to oversee the project. The ISA Board Certified Master ArborlstQD credential is the highest level of certification offered by ISA. This credential recognizes ISA Certified ArboriststD who have reached the pinnacle their profession. In addition to passing an extensive scenario - based exam, candidates must abide by a Code of Ethics, which ensures quality of work. Fewer than two percent of all ISA Certified Arborists® currently hold this certification. 4.2 The Contractor shall employee an ISA Certified Arborist® -Tree Risk Assessment Qualification (TRAQ) Working /On Site Supervisor to be on site at all times work is in progress to manage the correct pruning of the trees. To earn an ISA Certified Arborista credential, you must be trained and knowledgeable in all aspects of arboriculture. ISA Certified Arboristg have met all requirements to be eligible for the exam, which includes three or more years of full -time, eligible, practical work experience in arboriculture and /or a degree in the field of arboriculture, horticulture, landscape architecture, or forestry from a regionally accredited educational institute. This certification covers a large number of topics giving the candidates flexibility in the arboricultural profession. TRAQ is an ISA qualification program that trains arborists how to use the methodologies outlined in the ISA Best Management Practices for Tree Risk Assessment. This qualification promotes the safety of people and property by providing a standardized and systematic process for assessing tree risk. The results of a tree risk assessment can provide tree owners and risk managers with the information to make informed decisions to enhance tree benefits, health, and 'longevity. A Code of Ethics for ISA Certified Arborists(O strengthens the credibility and reliability of the work force. This certification is accredited by the American National Standards Institute, meeting and exceeding ISO 17024. 4.3 All Contractor Working /On Site Supervisor shall be ISA Certified Tree Worker Climber Specialist© and /or The ISA Certified Tree Worker Aerial Lift Specialist©. To be a ISA Certified Tree Worker Climber SpecialistO, candidates must have the skill and endurance to climb trees, demonstrate high regard for safety, and be able to get the job clone off the ground, This credential is different from the other certifications because you ARE tested in both a classroom setting and a field setting. Candidates must have training in aerial rescue, CPR, and First Aid to obtain this certification. 4,4 The Contractor's employees shall be ISA Certified Tree Worker Aerial Lift Specialisto when working on trees beneath or in the vicinity of utilities. The ISA Certified Tree Worker Aerial Lift Specialist® requires candidates to demonstrate their ability to perform as a competent aerial lift operator. The knowledge gained with this certification can 25B -32 improve the productivity, quality of care, credential. Along with proven knowledge tested on safety procedures, and must be inspection, 5.0 SPECIFIC TREE PRUNING SPECIFICATIONS and safety practices of those who earn the of CPR and first aid, candidates have been able to complete thorough truck and tree 5.1 All persons performing tree work on SAPRP trees must be trained according to tree care standards accepted by the International Society of Arboriculture. 5.2 All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. 5.3 When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected, Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. 5.4 All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made, The branch collar shall not be removed. 5.5 Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. 5.6 All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and /or pest problems shall be promptly reported to an authorized SAPRF representative. 5,7 All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and /or disease problems. 5.8 Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. 5.9 No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an autborized SAPRF representative, excepting live oaks, 25B -33 which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. 5.10 Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. 5.11 Any defective or weakened trees shall be reported to an authorized SAP'RF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. 5.12 The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty -five (65) feet in height. 5.13 Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 6.0 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be premed in such a manner as to: 6.1 Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (1.6) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 6.2 Remove all dead and dying branches and branch stubs that are one half (112) inch diameter or larger, 6.3 Remove all broken or loose branches. 6.4 Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 6.4.1 Branches, which rub and abrade a more important branch. 6.4.2 Branches of weak structure, which are not important to the framework of the tree. 6.4.3 Branches, which if allowed to grow, would wedge apart the junction of more important branches. 6.4.4 Branches forming multiple leaders in a single leader type tree. 6.4.5 Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 6.4.6 Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl ". 6.4.7 Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 6.4.8 Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 25B -34 6.4.9 Removal of branches, which project too far outward beyond an otherwise symmetrical form, 6.5 Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. 6.6 Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level, Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 6.7 Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. 6.8 Remove all vines entwined in trees and on tree trunks, Vine tendrils shall be removed without injury to said trees. 6.9 Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. 6.10 Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 7.0 COMPLETE & AESTHETIC TREE PRUNING SPECIFICATIONS Complete and Aesthetic tree pruning shall consist of work performed in accordance with the specifications in 6.0 Complete Tree Pruning Specifications and in addition shall include that trees shall be consistently and concisely pruned whereby the canopies are "topiaaried" in forms consistent with the species of tree being pruned. In specific cases where a group of same specie trees are present, the group of trees may be required to be "topiaried" all the same size and shape. 8.0 SAFETY TREE PRUNING SPECIFICATIONS Safety tree praising shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: 8.1 Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the, surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 8.2 Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. 8.3 Remove all broken or loose branches. 8.4 Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: 8.5 Limbs of weak structure or otherwise hazardous. 25B -35 8.6 Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 8.7 Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level, Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 9.0 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lilies and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: 9.1 Clear all branches and foliage within ten (10) feet of primary electrical lines. 9.2 Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. 9.3 Protect current tree health, condition and symmetry using Dr, Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI 2133.1 -1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRP representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 10.0 PALM PRUNING SPECIFICATIONS Palms shall be pruned at the 10:00 and 2:00 o'clock positions. Palm pruning shall consist of the pruning of the following, but not limited to, palms (Syagrus romanzoffiamim (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. 10.1 The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. 10.2 The shaping of the palms "pineapple" beneath the fronds to achieve a consistent and aesthetic appearance. 10.3 The removal of all flowers and fruit parts whether dead or alive. 25B -36 10.4 The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty -five (65) feet in height, 10.5 Palms, especially, the Canary Island Date Palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty -eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. 10.6 All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 11.0 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): 11.1 Severe cutting back of all growing tips usually referred to as topping, polIarding, or hat racking. 11.2 Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. 11.3 Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. 11.4 Removal of a healthy main leader, for reasons other than power line clearance. 11.5 Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 12.0 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty - eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and /or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 13.0 WORK PERFORMED ON PRIVATE.PROPLRTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and. an authorized SAPRF representative, 25B -37 14.0 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. 14.1 Whenever larger tree sections are being cut in a treetop, which may endanger parsons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. 14.2 All fire hydrants, meter vaults, water and gas shut off valves, bacicflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. 14.3 Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m, and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. 14.4 All tree work clone to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI Z133.1 -1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018, 1.5.0 SITE CLEANUP Cleanup of any debris resulting from any tree ,pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each clay before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and /or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 16.0 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 25B -38 17.0 PAYMENTS WITHHELD/PENALTIES Should the Contractor fail to finish tlae work as agreed upon in these specifications the Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the wort( called for is not completed in all parts w.id requirements within the time specified, the SAPRF shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed with penalties during the delay in the completion of the work caused be acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. The SAPRF representative will ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive. 18.0 SUBCONTRACTORS Subcontractors are not allowed without written approval from the City. Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal, Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be, held liable for the correction of any deficient work. 19.0 ADDITIONS ANDJOR DELETIONS OF WORT,, The SAPRF representative reserves the right to add and /or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 20.0 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 25B -39 APPENDIX TO EXHIBIT A ATTACHMENT 3: MAPS 25B -40 ¢1541NX urxxxa oil, E,. 9��a ,r u. 4j Fx r s EBB U 25B -41 fli I I I 1� iag F x i qq U 25B -41 fli I H W 25B -42 Im 25B-43 i 1 L-4 - r �1 is I� 25B -44 25B-45 0 a 25B -46 25B -47 p U„ I r - m 25B-49 ;l N F' 25B -50 1 N f66 Dr MBC.Atthor Blvd 25B -51 '}Ar Segerstfo 1 Av - Ow W Cordage Dr N mm µ1 },N G- awy AVc Ga(ryAvn �fl l lye blocre Ave Ana Rivar. 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FOR INFIELD MAINTENANCE SERVICES IN CITY PARKS {STRATEGIC PLAN NO. 6, 1 B} s Zt '" CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Major League Infields, Inc. to provide infield maintenance services in District 1 in an annual amount not to exceed $104,623, which includes a 10% contingency, for a term from February 1, 2016 through January 31, 2018, with two, one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Professional Sports Field Maintenance, Inc. to provide infield maintenance services in District 4 in an annual amount not to exceed $114,604, which includes a 10% contingency, for a term from February 1, 2016 through January 31, 2018, with two, one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) divides the city into four maintenance districts. On November 2, 2015, PRCSA issued a Request for Proposal (RFP) for the infield maintenance of districts 1 and 4. The Agency received two proposals from interested companies. An evaluation committee consisting of two representatives from PRCSA and one from Public Works Agency reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which includes firm /team experience, relevant project experience, scope understanding, references and fee. The results of the RFP evaluation were as follows 25C -1 Agreements with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc. January 19, 2016 Page 2 DISTRICT 1 Score (300 Max) Ranking Major League Infields, Inc. 273 1 Professional Sports Field Maintenance, Inc. 261 2 DISTRICT 4 Score (300 Max) Ranking Major League Infields, Inc. 261 2 Professional Sports Field Maintenance, Inc. 274 1 The City proposes to enter into a two -year agreement with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc. for an amount not to exceed $438,454, with two, one - year renewal options, for the infield maintenance of District 1 and 4. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT Funds are available in the PRCSA -Park Maintenance (no. 01113250 - 62320) expenditure account. Funds will be budgeted in the same account for the following years and amounts, including renewal periods, if executed: FY 2015 -2016 $91,345 -Park Maintenance Expenditure Account —Year 1 FY 2016 -2017 $219,227 - Park Maintenance Expenditure Account — Year 1 & 2 FY 2017 -2018 $127,882 - Park Maintenance Expenditure Account — Year 2 Contract Total: $438,454 FY 2017 -2018 — $91,345 — Park Maintenance Expenditure Account — Renewal Year 1 FY 2018 -2019 - $219,227 — Park Maintenance Expenditure Account — Renewal Year 1 & 2 FY 2019 -2020 - $127,882 — Park Maintenance Expenditure Account — Renewal Year 2 Optional Renewal Total: $438,454 25C -2 Agreements with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc. January 19, 2016 Page 3 Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency EXHIBIT: Agreements APPROVED AS TO FUNDS AND ACCOUNT: a D Francisco Gutierrez, Executive Director Finance and Management Services Agency 25C -3 25C -4 AGREEMENT FOR BALL DIAMOND MAINTENANCE SERVICES CITY OF SANTA ANA (DISTRICT 1) THIS AGREEMENT is made and entered into this 19th day of January, 2016 by and between Major League Infields, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing imder the Constitution and laws of the State of California ( "City"). RECITALS A. On November 5, 2015, the City issued Request for Proposal No. 15 -113, by which it sought proposals from qualified firms for in -field ball diamond maintenance services at City parks in Districts 1 and 4. B. Contractor submitted a responsive proposal that was selected by the City for District 1. Contractor represents that it is able and willing to provide the services described in the scope of work for District 1 that was included in RFP No. 15 -113 as Attachment 1 and that is attached to this Agreement as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement as they pertain to District 1. Contractor's proposal is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B as they pertain to District 1, The total annual sum to be expended under this Agreement shall not exceed $104,623 during the term of this Agreement. This annual amount is comprised of (1) the sum of $95,112 and (2) a 10% contingency of up to $9,511 for services as may be performed by Contractor at the sole discretion of City. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accornting procedures. Payment need not be made for work that 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 February 1, 2016 and terminate on January 31, 2018, unless terminated earlier in accordance with Section 15, below. The tern of this Agreement may be extended for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. 25C -5 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq„ as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects, Since the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws 5. INDEPENDENT CONTRACTOR Contractor shall, dining 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 Contractor under this Agreement ( "Docrments & Data "). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without Ihnitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single 25G -6 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles, C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the perfornlance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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) Contractor shall supply City with a fully executed additional insured endorsement, If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such tennination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City, 8. INDEMNIFICATION Contractor agrees to and shall indemnify and bold 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 2SC-7 Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold hannless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, The Contractor frther 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 Agreemcnt. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor 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 Contractor. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 10, CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential infornation includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. r 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: Cleric 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: To Contractor: Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M -23 P.O. Box 1988 Santa Ana, California 92702 Fax 714 -571 -4211 Major League Infields, Inc. 508 E. Chapman Ave Fullerton, CA 92832 Attn: David R. Johnson, President 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 Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms P : • and conditions hereof, shall not bind, or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written . consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered mill and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City, 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of sucla payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities tinder this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that rn.aybe brought or arise out of, in connection with or by reason of this Agreement, 18. ]PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain 250 -10 or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for tennination of this Agreement. 19. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John g. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: David R. Johnson Major League hifields, Inc. Tax ID# 25C -11 EXHIBIT A 25C -12 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 15 -113 Introduction and Background The City of Santa Ana Park Services elects to enter into agreement with a landscape contractor whose specialty is maintaining baseball /softball infields and warning tracks. State of California Licensed C -27 Contractor specializing in Ball Diamond ht -Field Maintenance shall provide in -field and warning track brickdust maintenance for Baseball /Softball Diamonds per the specifications and conditions listed below. Description of Work 1.0 Ball Diamond Locations and Quantities /Types of Diamonds at Each Site 1.1 Adams Park - District 4 1.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 1.2 Centennial Park - District 4 1.2.1 Two (2) 60' base path Girls Softball /Major Little League diamond with skinned brickdust infields. 1.3 El Salvador Park.- District 1 1.3.1 Two (2) 60' base path Little League diamond with skinned brickdust infields. 1.3.2 Three (3) base path T -Ball diamonds with skinned brickdust infields. 1.4 Heritage Park - District 1 1.4.1 One (1) 60' base path Girls Softball /Major Little .League diamond with skinned brickdust infield. 1.5 Jerome Park- District 4 1.5.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 1.5.2 Two (2) 60' base path Little League diamond with skinned brickdust infields. 1.6 .Riverview Park - District 1 1.6.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.6.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield, City of Santa Ana RFP 15 -113 Pa 25 &1013 1.6.3 One(]) Minor Little League diamond with sport turf and brickdust infield. 1.6.4 One (1) T -Ball Little League diamond with sport turf and brickdust infield. 1.7 Rosita Park - District 1 1,7.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.8 Thornton Park- District 4 1,8.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. L9 Windsor Park - District 4 1.9.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield, 2.0 Schedule of Work to be Completed 2.1 Adams Park: 5 Days per wk, Fab 1st to July 15th 3 Day per wk, July 16th to Jan 31st 2.2 Centennial Park: 5 Days per wk Feb I st to April 31 3 Day per wk May 1 at to Jan 31 er 2.3 El Salvador Park: 5 Days per wk, Feb 1 st to July 15th 3 Day per wk, July 16th to Jan 31 at 2.4 Heritage Park: I Day per wk Year round 2.5 Jerome Park: Field #1 5 Days per wk, Feb 1st to Aug 31st 3 Day per wk, Sept 1st to Jan 3181 Field #2 & #3 5 Days per wk, Feb Ist to July 15th 3 day per wk July 16th to Jan 31 st 2.6 Riverview Park: 5 Days per wk, Feb 1st to July 15th 3 Day per wk, July 16th to Jan 31st 2.7 Rosita Park: 5 Days per wk, March 1 st to July 3180 3 Day per wk, July 30th to Feb 28th 2.8 Thornton Park: 5 Days per wk Year round 2.9 Windsor Park: 3 Days per wk Feb 1st to July 15th 1 Day per wk July l6th to January 31st 3.0 Field Composition Mix ( Briekdust) To Be Used When Maintaining In- fields. 3.1 Field In General 3.1.1 When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: City of Santa Ana RFP 15 -113 Page 11 25C -14 Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). 3.2 Pitcher's Mound/Home Plate /Basepath Areas 3.2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate /base -path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix, 3.3 Warning Track 3.3,1 When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix, 4.0 Equipment The contractor shall provide and have "on hand" at all times daring the brickdust maintenance operation the following equipment. 4.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 4.2 Drags 4.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy -duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be 1/2" in diameter. Pull chain shall be included. 4.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the slcirmed area. The leveling drag and cutting blades shall be made of galvanized steel, This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build -up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 4.2.3 &coming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter /gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail Drag or approved equal 4.3 Other Equipment 4.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 4.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 4.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be. made of aluminum, 36" wide and a 6' handle, 4.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. City of Santa Ana RFP 15 -113 Page 12 25C -15 4.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1" top quality construction with 225 -psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 4.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 4.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy -duty dual weight bristles. 4.4 Wet Conditions Equipment" (Add to equipment above) 4.4.1 During periods of inclement weather or when the areas are wet the contractor shall have "on- hand" during all brickdust maintenance operations the following items: 4.4.2 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium /aluminum head. 4.4.3 "Super Sopper ": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 4.4.4 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 4.4.5 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile - covered sponge typical for absorbing chemical spills. 5.0 Meetings 5.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday — Saturday. 5.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor ". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems /concerns that may arise and any goals for the week. 5.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 6.0 Daily Infield & Warning Track Maintenance 6.1 General 6.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 6.1.2 Contractor shall keep brickdust and dugout areas in a clean and weed free condition. Dugouts shall be cleaned daily and be free of brickdust, stains, weeds and other debris. Dugouts shall be hosed down weekly so they are completely free of any brickdust or other stains /gum, sunflower seeds, etc. 6.1.3 Contractor shall hose and /or sweep and hose out all dugouts so they are 100% free of brickdust, brickdust stains or any other debris. City of Santa Ana RFP 15 -113 Page 13 25C -16 6,2 Maintenance Procedure 6,23 Retain smooth and level playing surface, using the following daily procedure. The contractor shalt remove all bases before beginning any work on in- field, and re- install after all work on in -field is completed. 6.2.2 After removing all bases, the contractor shall scrape /wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 6.2.3 The Contractor shall rake /shovel loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /wom areas appearing on the field before any watering or dragging shall take place. 6.3 Home Plate Area /Batter's Box Area Holes (follow Gail Materials home plate /pitchers mound maintenance video) 6.3.1 Sweep /Rake away all loose brickdust -mound mix- calcine clay. 6.3.2 Wet area until moist. 6.3.3 Scarify area (`s) [batter's box hole (`s)] with shovel. This will help the mix bind better. 6,3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 6.3.5 Backfill "mound -mix" material lute hole (`s), 63.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic, Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 6.3.7 Wet area until moist using a hose and power nozzle. Cover areas with calcified clay. 6.4 Pitcher's Mound 6.4.1 Follow same procedure for repair of home plate /batter's box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 6.4,2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix ". 6.5 General Brickdust Skinned Infield Areas 6.5,1 After raking /shoveling loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). brickdust from stock and make level. 6.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop; dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavernent outside the infield. 6.53 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 6.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1- A & 1 -B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high /low areas. Speed of drag procedure shall not exceed 7 mph, City of Santa Ana RFP 15 -113 Page 14 25C -17 6.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18 ". This will help in avoiding lips at brickdust/t rf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 6.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 6.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll-up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 6.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake ". The rake shall be held at an angle as to not push brickdust onto /into turf areas. 6.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time. If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is %z" or greater) in any turf/brickdust border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil build -up with a sod cutter and re- establish the in -field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation at contactors expense. Pre- existing conditions shall be corrected during contract start -up. 6.6 Final Watering 6.6.1 This is the most time consuming and a very important element of the procedure. 6.6.2 The contractor shall final water the skinned brickdust to a depth of 1/4" minimum. 7.0 Rainy Weather /Wet Field Procedure 7.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 7.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump /sopper system. 7.1.2 Rake out (scarify) wet areas. 7.1.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turface. 8.0 Work to be Completed FIVE (5) TIMES PER YEAR 8.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and out and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface. Note: Staff shall identify areas to scarify /cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 8.2 Leavy water scarified and cut and leveled areas to a %2" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of City of Santa Ana RPP 15 -113 Page 15 25C -18 bi- monthly scarify /cut and level drag dates to contractor. 9.0 Work to be Completed "ANNUALLY" 9.1 Each year, the following renovation is to be done on all Fields in conjunction with the City's Annual Sports Turf Renovation Schedule, Fields renovated may change from year to year. 9.11 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 9.1.2 Contractor shall verify and maintain all base distances, pitching rubber distances and pitching mound specifications per the Little League, Pony /Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. In addition, the Director's Representative may elect to pay extra for the Contractor to install 1/2" new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in -fields at all diamonds (minimum 25 tons per Girls Softball /Major Little League Field and minimum 50 tons per Junior /Senior Little League Field), Also, the Director's Representative may elect to pay extra for the Contractor to install a mininau n of 2 ton of Turface calcite clay per Girls Softball /Major Little League Field and 4 tons of Turface calcite clay to Junior /Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense, 9.1.3 The Director's Representative may elect to pay extra for the Contractor to rebuild pitcher's mound and bailers boxes to MLB specifications for high school/college/senior-junior diamonds and Little League specifications for Little League major diamonds using Hill Topper Mound Mix capped with calcified clay by Turface. 10.0 Work To Be Completed "AS DIRECTED" 10.1 Replace Base ANCHORS as directed. Note: City of Santa Ana uses the Hollywood Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base, sits level and flush against the sirface on all sides. 10.2 Replace Bases as directed. Note; City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 10.3 Replace or Remove /Level /Re- Install home plates as directed. Home plate shall be 1" above finish grade of batters circle. City of Santa Ana RFP 15 -113 Page 16 25C -19 10.4 Replace or Remove /Level/Re- Install pitching rubbers as directed. Note; City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 10.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 11.0 hifield Turf Maintenance 11.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield and warning track brickdust skin line /are. Infield and warning track turf shall be mowed and edged one (1) time per week. Mowing shall be accomplished by walls- behind reel mower — Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers (180 &Cut Hybrid, 220 -E Cut Hybrid, 180SL - 220SL -260SL Precision Cut units along skinned infield brickdust areas, turf infields, turf infield foul areas, and foul territories, Additional mowers may be submitted for approval by the City. 11,1.1 Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walk- behind "greens" reel mower to provide "putting green" quality finish cut. 11.1.2 Infield turf shall be cut between %2" and ' /d' per Director's Representative direction. 11.1.3 All turf clippings shall be collected and disposed of 11.1.4 Edging of infield arc shall be performed by infield stub. Straight lines shall be edged by running a string line to assure lines are edged perfectly straight. 11.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 11.2.1 Contractor shall check and program the automatic irrigation controller as often as necessary to assure the correct amount of water is applied to the infield sport turf. 11.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. Optional As Extra Work - Infield turf shall be fertilized two (3) times per year in the first week of January and April and when the field is renovated each year per the agronomic plan. The Contractor shall use California Organic products `Phyta- Boost' 7 -1 -2 fertilizer at 600 pounds per acre, and `Compel' compost at 300 pounds per acre. 11.2.3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed, Optional As Extra Work - Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 11.3 Infield turf shall be kept weed free at all times. 11.3.1 Any grasses other than the original hybrid Bermuda, and cropped over perennial rye installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 11.3.2 Any broadleaf and/or turf type weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. City of Santa Ana RFP 15 -113 Page 17 25C -20 11.4 Infield turf shall be kept free of disease and rodents at all times. 11.4.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice, 11.5 Infield turf annual renovation (Optional, at City's request, as a contingency item) 11.5.1 Each year the infield turf shall be renovated: 1) verticut using the straight blade reels with blades 1.25'- 1.50" apart; 2) mowed to ' /4" high immediately following verticutting; 3) overseeded with Stovers Seed Company Bermuda Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix" '/4" minus STA tested /approved compost -seed topper with California Organic Phyta -Boost 7 -1 -2 fertilizer pre -mixed (35 cubic yards seed topper to 700 pounds of organic fertilizer). 11.6 Infield monthly overseeding (Optional, at City's request, as a contingency item) 11.6.1 Each month the infield turf shall be verticut using the greens reel mower straight blade reels with blades 1,25'- 1.50" apart and overseeded with Stovers Seed Company Bermuda Dunes at a rate of 1 pound of seed per 1,000 square feet or Simplot's Jacklin Seed Company CSI Perennial Rye at a rate of I pound of seed per 1,000 square feet. 12.0 General Contract Provisions 12.1 Contractor shall provide and is responsible for all equipment necessary to cant' out the work outlined in the contract. There will be no available storage for equipment, Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Consultant Responsibilities: 1.0 UNIFORMS AND VEHICLES IDENTIFICATION 1.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company bats, collared work shirts, pants, j ackets, cold weather vests and ANSI approved safety slices. All uniforms will be marked by patch, sills screen or embroidery with the company name and logo or other form of identification. 1.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 1.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 2.0 SAFETY REQUIREMENTS Clty of Santa Ana RFP 15 -113 Page 18 25C -21 2.1 All work performed under this contract shall be completed with maximinn safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 2.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 2.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 2.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his /her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 3.0 SAFETY NOTIFICATION 3.1 I£ Contractor identifies a potential safety issue, Contractor shall: 3.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 3.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 4.0 UNDERGROUND ALERT SYSTEMS 4.1 Underground Alert Systems (telephone number 1- 800 -422 -4133) must be notified 48- hours in advance prior to any excavation work. 5.0 PROPERTY DAMAGE 5.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 6.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). City of Santa Ana RFP 15 -113 Page 19 25C -22 7.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 7.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities ( SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and /or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred, 7.2 If the Directors Representative requests or directs the Contractor to perfom7 work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 7,3 Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem, 8.0 SUBSTITUTIONS 8.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 9.0 CERTIFICATION & APPLICATION OF MATERIALS 9.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at his/her cost. 9.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifites correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 10.0 SOUND CONTROL REQUIREMENTS 10.1 The Contractor shall comply with all local sound control and noise level rules, regulations and. ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recormnended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be City of Santa Ana RFP 15 -113 Page 20 25C -23 considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 11.0 NOTIFICATION OF LOCATIONS OF WORK 11.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, Coll phone, fax, or by weekly written schedules which specify the entire weeks work locations. 12.0 WORK FORCE 12.1 The Director's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contractors employee or sub - contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 13.0 MATERIALS 13.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use /application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. 13.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition, City of Santa Ana RFP 15 -113 Page 21 25C -24 Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative. 13.1.2 All materials delivered to the site shall be. accompanied by a paelcing slip or other form from the vendor indicating the specific commodity delivered and the quantity. City Responsibilities 1.0 CITY - DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. hi addition, the Director's Representative shall have the authority to accept /reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly, The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Special Requirements See- ATTACIIMC+NT 4 ADDITIONAL PROVISIONS City of Santa Ana RFP 15 -113 Page 22 25C -25 APPENDIX ATTACHMENT 4: ADDITIONAL PROVISIONS 1. TERM This Agreement shall commence on upon execution of the agreement through January 31, 2018 with the option for the City to grant up to two one -year renewal options, at the same fee structure identified in Attachment 3 -6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated to in -field ball diamond maintenance. Prior to performance of any work the City will negotiate scope /pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 3. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs, are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E, Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 4. STA SEED TOPPER TESTING REQUIREMENTS The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S. Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a CAPTP certified lab within 30 clays of delivery to the City of Santa Ana. The City of Santa Ana RFP 15 -113 Page 38 25C -26 Director's Representative reserves the right to take samples of compost products delivered or used in the City of Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. City of Santa Ana RFP 15 -113 Page 39 25C -27 104*4 1111 25C -28 APPENDIX ATTACHMENT 3-6: FEE SCHEDULE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 15.113 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals, I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests, I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal, Proposal Item Price - Provide costs for in -field ball diamond maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 90 days from the date the proposal is due, in order to allow time to award an agreement, DISTRICT I ANNUAL AMOUNT El Salvador Park $38,752.00 (aeaPdoasummorybnlow) Heritage Park $4,216.00 (sac lain summmyholow) Riverview Park $42,496.00 (SaaPd ®Suinmoryholaw) RoAaPartC $9,648,00 (saa P,loo Bum,vorybaiow) TOTAL $95,112.00 (sm Pdoo Summary WOW) DISTRICT 4 ANNUAL AMOUNT Adams Park $9,688.00 (sm &Imaummaoybamw) Centennial Park $17,792,00 (soeenm somroavyholaw) Jerome Park _ $30,762.00 (seaPdcosummaryboluw) Thol'nton.Park $41,040.00 (sea Pro >a „aa,my baron) Windsor Park $5,944.00 (sm Pdoo Summary WOW) TOTAL $105,226.00 1 SERVICE PER WEEK IPtloos appear M WoW Prim Sher I ON't"d SERVICE, PEW, WEEK Pni appanrou nttaohd PdmShM.I It the City wishes W ineraliso the 4cquouey of maintenance please provide the cost to add a day of scrvieo per week for a year, Inc. 818.559.9787 Ext, 5/818,559,9780 Legal Name of Company Phone and Pax Numbers 508 E. Chapman Ave. Fullerton CA 92832 Business Address David R. Johnson Presldc.nt Printed Dame of Authorized. Agent Title �-tA w ^ 12/4115 Signature of Authorized Agent Date 461515324 992473 Federal ID narabor (if applicable) Contractor License Number (if applicable) City of Santa Ana RFP 16 -113 Page 37 25C -29 25C -30 AGREEMENT FOR BALL DIAMOND MAINTENANCE SERVICES CITY OF SANTA ANA (DISTRICT 4) THIS AGREEMENT is made and entered into this 19th day of January, 2016 by and between Professional Sports Field Maintenance, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. On November 5, 2015, the City issued Request for Proposal No. 15 -113, by which it sought proposals from qualified firms for in -field ball diamond maintenance services at City parks in Districts 1 and 4. B. Contractor submitted a responsive proposal that was selected by the City for District 4, Contractor represents that it is able and willing to provide the services described in the scope of work for District 4 that was included in RFP No. 15.113 as Attachment 1 and that is attached to this Agreement as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement as they pertain to District 4. Contractor's proposal is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit Bas they pertain to District 4. The total annual srmi to be expended under this Agreement shall not exceed $114,604 during the term of this Agreement. This annual amount is comprised of (1) the sun of $104,185 and (2) a 10% contingency of tip to $10,419 for services as may be performed by Contractor at the sole discretion of City. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that 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 February 1, 2016 and terminate on January 31, 2018, unless terminated earlier in accordance. with Section 15, below. The term of this Agreement may be extended for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. 25C -31 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in amanner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance slid similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSIIIP 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 meditiun 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 Contractor under this Agreement ( "Documents & Data'). Contractor shall require all subcontractors to agree in writing that Cityis granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single 25G -32 limit coverage applying to bodily and personal injury, including death resulting therefrom, acid property damage, in the total amount of $1,000,000 per occurrence, with $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 insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished 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) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 25C -33 Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred, to in this Section or by reason of the terms of, or effects, arising from this Agreement, The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement, City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor 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 Contractor. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightfal possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25C-34 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: Cleric 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: To Contractor: Gerardo Monet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M -23 P.O. Box 1988 Santa Ana, California 92702 Fax 714 -571 -4211 Professional Sports Field Maintenance, Inc. 23 Emerald Glen Laguna Niguel, CA 92677 Attn: Don Bordelon, President 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 Agroement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement 25C -35 actmowledges 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 Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assigmnent, 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of perfonnance specified in the Recitals of this Agreement. 16, NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement, 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 250-36 19. 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 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouct Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Don Bordelon Professional Sports Field Maintenance, Inc, Tax ID# 25C -37 EXHIBIT A 25C -38 Appendix ATTACHMENT I SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 15 -113 Introduction and Background The City of Santa Ana Park Services elects to enter into agreement with a landscape contractor whose specialty is maintaining baseball /softball infields and warning tracks. State of California Licensed C -27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide in -field and warning track brickdust maintenance for Baseball /Softball Diamonds per the specifications and conditions listed below. Description of Work 1.0 Ball Diamond Locations and Quantities /Types of Diamonds at Each Site 1.1 Adams Park - District 4 1.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 1.2 Centennial Park - District 4 1.2.1 Two (2) 60' base path Girls Softball /Major Little League diamond with skinned brickdust infields. 1.3 El Salvador Park- District 1 1.3.1 Two (2) 60' base path Little League diamond with sldnned brickdust infields. 1.3.2 Three (3) base path T -Ball diamonds with skinned brickdust infields. 1.4 Heritage Park - District 1 1,4.1 One (1) 60' base path Girls Softball /Major Little League diamond with skinned brickdust infield. 1.5 Jerome Park - District 4 1,5.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 1.5.2 Two (2) 60' base path Little League diamond with skinned brickdust infields. 1.6 Riverview Park- District 1 1.6,1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.6.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield. City of Santa Ana RFP 15 -118 Page 10 25C -39 1.6.3 One (1) Minor Little League diamond with sport turf and brickdust infield. 1.6.4 One (1) T -Ball Little League diamond with sport turf and brickdust infield. 1.7 Rosita Park - District 1 1.7.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.8 Thornton Park - District 4 1.8.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. 1.9 Windsor Park - District 4 1.9.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 2.0 Schedule of Work to be Completed 2.1 Adams Park: 5 Days per wk, Feb I at to July 15th 3 Day per wk, Ady 16th to Jan 31st 2.2 Centennial Park: 5 Days per wk Feb 1st to April 31" 3 Day per wk May 1st to Jan 3161 2.3 El Salvador Park; 5 Days per wk, Feb 1st to July 15th 3 Day per wk, July 16th to Jan 31 st 2A Heritage Park: 1 Day per wk Year round 2.5 Jerome Park: Field #1 5 Days per wk, Feb 1st to Aug 31st 3 Day per wk, Sept 1st to Jan 31st Field 42 & #3 5 Days per wk, Feb 1st to July 15th 3 day per wk July 16th to Jan 31st 2.6 Riverview Park: 5 Days per wk, Feb 1 st to July 151h 3 Day per wk, July 16th to Jan 31st 2.7 Rosita Park: 5 Days per wk, March 1 st to July 31 sh 3 Day per wk, July 30th to Feb 28th 2.8 Thornton Park: 5 Days per wk Year round 2.9 Windsor Park: 3 Days per wk Feb 1 st to July 15th 1 Day per wk July 16th to January 31 at 3.0 Field Composition Mix ( Brickdust) To Be Used When Maintaining In- fields. 3.1 Field. In General 3.l .1 When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: City of Santa Ana RFP 15 -113 Page 11 25C -40 Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). 3.2 P'itcher's Mound /Home Plate /Basepath Areas 3,2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base -path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 3.3 Warning Track 3.3.1 When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix. 4.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 4.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work, This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 4,2 Drags 4.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy -duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be %z" in diameter. Pull chain shall be included. 4.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the shinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build -up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 4,2.3 Grooming or Pinish Drag: Used to complete dragging procedure on a daily basis and lighter /gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail Drag or approved equal 4.3 Other Equipment 43.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 43.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 4.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 4.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop Shovels. City of Santa Ana RFP 15 -113 Page 12 25C -41 4.3.5 Heavy Duty Hose: Used to water clown skinned area. Shall be 3/4" to 1" top quality construction with 225 -psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 4.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 4.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy -duty dual weight bristles. 4.4 Wet Conditions Equipment" (Add to equipment above) 4.4.1 During periods of inclement weather or when the areas are wet the contractor shall have "on -hand" during all brickdust maintenance operations the following items: 4.4.2 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 4.4.3 "Super Sopper ": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 4.4.4 Diamond or Beckson Ptanp: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 4.4.5 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile- covered sponge typical for absorbing chemical spills. 5.0 Meetings 53 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday — Saturday. 5.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor ". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems /concerns that may arise and any goals for the week. 5.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 6.0 Daily Infield & Warning Track Maintenance 6.1 General 6.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 6.1.2 Contractor shall keep brickdust and dugout areas in a clean and weer] free condition. Dugouts shall be cleaned daily and be free of brickdust, stains, weeds and other debris. Dugouts shall be hosed down weekly so they are completely free of any brickdust or other stains /gum, sunflower seeds, etc. 6.1.3 Contractor shall hose and /or sweep and hose out all dugouts so they are 100% free of brickdust, brickdust stains or any other debris. City of Santa Ana RFP 15 -113 Page 13 25C -42 6.2 Maintenance Procedure 6.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in -field and re- install after all work on in -field is completed. 6.2.2 After removing all bases, the contractor shall scrape /wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation, 6.2.3 The Contractor shall rake /shovel loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /wom areas appearing on the field before any watering or dragging shall take place. 6.3 Home Plate Area /Batter's Box Area Holes (follow Gail Materials home plate /pitchers mound maintenance video) 63.1 Sweep /Rake away all loose brickdust -mound rnix- calcine clay. 6.3.2 Wet area until moist. 6,3,3 Scarify area (`s) [batter's box hole (`s)] with shovel. This will help the mix bind better. 6.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 6.3.5 Backfill "mound -mix" material into hole (`s). 6.3.6 Tamp the area firmly with steel tamp, Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 6.3.7 Wet area until moist using a hose and power nozzle. Cover areas with calcified clay. 6.4 Pitcher's Mound 6.4.1 Follow same procedure for repair of home plate /batter's box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 6.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix ". 6.5 General Brickdust Skinned Infield Areas 6.5.1 After raking /shoveling loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). brickdust from stock and make level. 6.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop; dugout chain link fencing and /or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 6.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne, 6.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag ". Circular or figure eight drag patterns shall be used (see details 1- A & 1 -B). Alternate drag patterns or reverse direction of drag patterns daily to avoid tuts and high/low areas. Speed of drag procedure shall not exceed 7 mph. City of Santa Ana RFP 15 -113 Page 14 25C -43 6.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18 ". This will help in avoiding lips at brick(lust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 6.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 6.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll -up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 6.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake ". The rake shall be held at an angle as to not push brickdust onto /into turf areas. 6.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time. If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is %a" or greater) in any turf/brickdust border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil build -up with a sod cutter and re- establish the in -field boundaries with a string lime or suitable method and re -sod up to the border to remedy the situation at contractors expense. Pre- existing conditions shall be corrected during contract start-up, 6.6 Final Watering 6.6.1 This is the most time consuming and a very important element of the procedure. 6.6.2 The contractor shall final water the skinned brickdust to a depth of 1/4" minimum. 7.0 Rainy Weather /Wet Field Procedure 7.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to; 7.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump /sopper system. 7.1.2 Rake out (scarify) wet areas. 71.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turfacc. 8.0 Work to be Completed FIVE (5) TIMES PER YEAR 8.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots, The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface. Note: Staff shall identify areas to scarify /cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 8.2 Heavy water scarified and cut and leveled areas to a' /2" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before ,play, staff shall provide a schedule of City of Santa Ana RFP 15 -113 Page 16 25C -44 bi- monthly scarify /cut and level drag dates to contractor, 9.0 Work to be Completed "ANNUALLY" 9,1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 9.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built Lip amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 9.1.2 Contractor shall verify and maintain all base distances, pitching rubber distances and pitching mound specifications per the Little League, Pony /Colt League specifications for each speck field. Contractor shall repair any specifications not being met on any field. In addition, the Director's Representative may elect to pay extra for the Contractor to install 1/2" new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in- fields at all diamonds (minimum 25 tons per Girls Softball/Major Little League Field and minimum 50 tons per Junior /Senior Little League Field). Also, the Director's Representative may elect to pay extra for the Contractor to install a minimum of 2 ton of Turface calcite clay per Girls Softball /Major Little League Field and 4 tons of Turface calcite clay to Junior /Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. 9.1.3 The Director's Representative may elect to pay extra for the Contractor to rebuild pitcher's mound and batters boxes to MLB specifications for high school/college/senior-junior diamonds and Little League specifications for Little League major diamonds using Hill Topper Mound Mix capped with calcified clay by Turface. 10,0 Work To Be Completed "AS DIRECTED" 10.1 Replace Base ANCHORS as directed. Note: City of Santa Ana uses the Hollywood Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 10.2 Replace Bases as directed, Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 10.3 Replace or Remove /Level /Re- Install home plates as directed. Home plate shall be 1" above finish grade of batters circle. City of Santa Ana RFP 15 -113 Page 16 25C -45 10.4 Replace or Remove/Level/Re- Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and /or pitching rubbers to the contractor as needed. 10.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 11.0 Infield Turf Maintenance 11.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield and warning track brickdust skin line /arc. Infield and warning track turf shall be mowed and edged one (1) time per week. Mowing shall be accomplished by walls- behind reel mower — Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers (180 E -Cut Hybrid, 220 -E Cut Hybrid, 1808L - 220SL -260SL Precision Cut units along skinned infield brickdust areas, turf infields, turf infield foul areas, and foul territories. Additional mowers may be submitted for approval by the City. 11.1.1 Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walk- behind "greens" reel mower to provide "putting green" quality finish cut. 11.1.2 Infield turf shall be out between %2" and %" per Director's Representative direction. 11.1.3 All turf clippings shall be collected and disposed of 11.1.4 Edging of infield arc shall be performed by infield sub. Straight lines shall be edged by running a string line to assure lines are edged perfectly straight. 11.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable, 11.2.1 Contractor shall check and program the automatic irrigation controller as often as necessary to assure the correct amount of water is applied to the infield sport turf. 11.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. Optional As Extra Work - Infield turf shall be fertilized two (3) times per year in the first week of January and April and when the field is renovated each year per the agronomic plan. The Contractor shall use California Organic products `Phyta- Boost' 7 -1 -2 fertilizer at 600 pounds per acre, and `Compel' compost at 300 pounds per acre. 11.2.3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed, Optional As Extra Work - Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 11.3 Infield turf shall be kept weed free at all times. 11.3.1 Any grasses other than the original hybrid Bermuda, and cropped over perennial rye installed in the infield shall be eradicated inunediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 11.3.2 Any broadleaf and /or turf type weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. City of Santa Ana RPP 15 -113 Page 17 25C -46 11.4 Infield turf shall be kept free of disease and rodents at all times. 11.4.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 11.5 Infield turf annual renovation (Optional, at City's request, as a contingency item) 11.5,1 Each year the infield turf shall be renovated: 1) verticut using the straight blade reels with blades 1.25'- 1,50" apart; 2) mowed to ''/4" high immediately following verticutting; 3) overseeded with Stovers Seed Company Bermuda Dimes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix" 1/4" minus STA tested /approved compost -seed topper with California Organic Phyta -Boast 7 -1 -2 fertilizer pre -mixed (35 cubic yards seed topper to 700 pounds of organic fertilizer). 11.6 Infield monthly overseeding (Optional, at City's request, as a contingency item) 11.6.1 Each month the infield turf shall be verticut using the greens reel mower straight blade reels with blades 1,25'- 1.50" apart and overseeded with Stovers Seed Company Bermuda Dunes at a rate of 1 pound of seed per 1,000 square feet or Simplot's Jacklin Seed Company CSI Perennial Rye at a rate of 1 pound of seed per 1,000 square feet, 12.0 General Contract Provisions 12:1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Consultant Responsibilities: 1.0 UNIFORMS AND VEHICLES IDENTIFICATION 1,1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 1.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 1.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 2.0 SAFETY REQUIREMENTS City of Santa Ana RPP 15 -113 Page 18 25C -47 21 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 2.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavatiorr/trenching /shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 2.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 2.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his /her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates, 3.0 SAFETY NOTIFICATION 3.1 If Contractor identifies a potential safety issue, Contractor shall: 3.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the conditions 3.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 4.0 UNDERGROUND ALERT SYSTEMS 4.1 Underground Alert Systems (telephone number 1- 800 - 422 -4133) must be notified 48- hours in advance prior to any excavation work. 5.0 PROPERTY DAMAGE 5.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 6,0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewallcs, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). City of Santa Ana RFP 15 -113 Page 19 25C -48 7.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 7.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF, The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred. 7.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 7.3 Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 8.0 SUBSTITUTIONS 8.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative, 9.0 CERTIFICATION & APPLICATION OF MATERIALS 9.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at his/her cost. 9.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifites correct materials and quantities, the Contractor shall not receive credit for the applied materials, The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 10.0 SOUND CONTROL REQUIREMENTS 10.1 The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No interval combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be City of Santa Ana RFP 15 -11-3 Page 20 25C -49 considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the proiect, shall be kept at levels so as to not disturb the general public. 11.0 NOTIFICATION OF LOCATIONS OF WORK 11.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 12.0 WORK FORCE 12.1 The Director's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contractors employee or sub - contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 13.0 MATERIALS 13.1 The Director's Representative shall approve or reject all materials delivered to the work sites In addition, the Contractor shall not apply any materials until the Dir'ector's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use /application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. 13.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. City of Santa Ana RFP 15 -113 Page 21 25C -50 Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container, Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative, 13.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. City Responsibilities 1.0 CITY - DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept /reject materials; workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withhold shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Special Requirements See-ATTACHMENT 4: ADDITIONAL PROVISIONS City of Santa Ana RFP 15 -113 Page 22 25C -51 APPENDIX ATTACHMENT 4 ADDITIONAL. PROVISIONS 1. TERM This Agreement shall commence on upon execution of the agreement through January 31, 2018 with the option for the City to grant up to two one -year renewal options, at the same fee structure identified in Attachment 3 -6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated to in -field ball diamond maintenance. Prior to performance of any work the City will negotiate scope /pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 3. POLICY FOR DRIVIiNG ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business fimction, and Linder the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B, When there is-no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D, Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 4. STA SEED TOPPER TESTING REQUIREMENTS The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S. Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a. CAPTP certified lab within 30 days of delivery to the City of Santa Ana. The City of Santa Ana RFP 15 -113 Page 38 25C -52 Director's Representative reserves the right to take samples of compost products delivered or used in the City of Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. City of Santa Ana RPP 15 -113 Page 39 25C -53 1 *414 1111 r r 25C -54 APPENDLX ATTACHMENT 3 -6: FEE SCHEDULE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 15 -113 Certification - I certify that I have read; understand and agree to the terms and conditions of this Request for Proposals. f have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for in -field ball diamond maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. 'rhe proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 90 days from the date the proposal is due, in order to allow time to award an agreement. DISTRICT I ANNUAL. AMOUNT EI Salvador Park 33,190 Heritage Park 3,900 ..._.� Riverview Park 41,834 . -. Rosita Park 14,790 TOTAL 6,140 _.._ DISTRICT4 ANNUAL AMOUNT Adams Park -__,- 9;460 Centennial Park 21,520 Jerome Park 33,510 Thornton Panic 33;555 Windsor Park 6,140 _.._ TOTAL 104,185 If the City wislres to increase the frequency of maintenance please Field Maintenance, Inc. SERVICE PER WEEK FOR A YEARW 140/7,280 401 2,060 157/8,164 65/3,380 402/20,904 COST PER DAY or SERVICE PER WEEK FOR A YEAR- 40/2,080 100/5,200 140/7,280 11515 980 42/ 2,164 437/22,724 dde the cost to add a da, of service per week for a year. 949 -661 -0493 Legal Name or t;ompany Phone and Fax Numbers 23 Emerald Glen, Laguna Niguel, CA 92677 _ $tininess Address Don Bordelon President Agent Title r— r %L' (-%I Signature of Authorized Agent pate 72- 1565503 C27- 929290 Contractor License Nt City of Santa Ana RFP 16-113 Page 37 25C -55 25C -56 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: AMENDMENT TO AGREEMENT WITH ARAMARK CORRECTIONAL SERVICES INC. FOR INMATE FOOD SERVICES (STRATEGIC PLAN NO. 1, 3A) CITY MANA ER RECOMMENDED ACTION I_RA1001714t ❑ As Recommended ❑ As Amended ❑ Ordinance on 11kResding ❑ Ordinance on 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached one -year agreement amendment with Aramark Correctional Services, Inc. for inmate food services, for the period of February 1, 2016 through January 31, 2017, adding an additional $1,452,951 plus a 15% contingency ($217,943) to the existing agreement amount of $1,412,140 (total amendment amount of $1,670,894), for a total not to exceed agreement amount of $3,083,034, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 17, 2012, Council approved a three -year agreement with two, one -year renewal options with Aramark Correctional Services, Inc. to provide inmate food services at the Santa Ana Jail. The food service program includes daily meals for all inmates, weekly inmate commissary service and operation of the cafeteria in the Police Administration facility. Aramark provides inmates with three meals per day, which meet the nutritional requirements mandated by the American Correctional Association and the National Commission on Correctional Health Care. In addition, Aramark runs the weekly commissary operation, which provides snack foods for inmate purchase. Aramark pays the City a commission of forty -five percent (45 %) of net sales of all products from the commissary operations. In addition, Aramark pays the City $.05 per meal for any meals sold to any outside facility. Aramark also provides catering services to various City meetings and events. The current agreement, which expires June 31, 2016, is for an amount not to exceed $1,412,140. This amendment will add an additional $1,412,140 for the period of February 1, 2016 through January 31, 2017, plus a 2.89% CPI increase ($40,811), and a 15% contingency ($217,943) for unanticipated and /or necessary expenses related to increases in the Jail's average daily population, for a total of $1,670,894 added by this amendment. The new not to exceed agreement amount will be $3,083,034. Aramark Correctional Services, Inc. has performed satisfactorily during the agreement term and staff recommends renewal of the agreement. 25D -1 Aramark Agreement Amendment January 19, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively.) FISCAL IMPACT Funds are available in the Police Department's Jail Operations contract services account (no. 01114475- 62300) for the following fiscal years: FY 2015 -16 $696,206 FY 2016 -17 $974,688 Total $1,670,894 Commissary revenue will be deposited in the Inmate Welfare Recovery account (no. 02314002 57403), and Jail kitchen revenue will be deposited in the General Fund Jail Kitchen Rental account (no. 01114002 57461). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25D -2 FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT is entered into on January 19, 2016 by and between ARAMARK Correctional Services, LLC., a Delaware limited liability company ( "Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement #A- 2012 -008, dated June 6, 2012, (hereinafter "said Agreement ") by which Consultant has provided meal service and commissary services for the Santa Ana Police Department and Detention Facility. B. The parties entered into a First Amendment to Agreement # A- 2012 -194 dated September 17, 2012, amending the scope of services to provide for healthier inmate meals and for the provision of kiosk payment for commissary services, increase compensation to pay for the new meal plan, and increase the cost of a meal to $1.98 effective September 1, 2012, C. The parties entered into a Second Amendment to Agreement #A- 2013 -033 dated February 1, 2013; increasing the cost per meal 2.6% for a total of $2.03 a meal pursuant to the Consumer Price Index (CPI). D. The parties entered into a Third Amendment to Agreement #A -2014 -024 dated January 21, 2014, increasing the cost per meal 2.1 % for a total of $2.073 a meal pursuant to CPI and by way of mutual agreement of the parties. E. The parties entered into a Fourth Amendment to Agreement #A -2015 -012 dated Janua y 20, 2015, amending the compensation from a set cost per meal to a sliding scale model and exercising the first of two one year extensions. In accordance with the terms and conditions of said Agreement, the parties agree to exercise the second of two one year extensions of the Agreement and to increase the amount of the Agreement to cover the cost of services provided during the term of the extension. In addition, the parties have agreed pursuant to the terms of the original agreement to increase the price per meal by 2.89% which is consistent with the CPI -Food Away from Home, all Urban U.S. City Average for November 2015. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fifth Amendment to Agreement, the parties agree as follows: 1. Section I .A., Exhibit "A" shall be amended to reflect the following sliding scale per meal costs effective February I, 20I6 which have increased 2.89% pursuant to the terms of the original Agreement: No. of Inmates Price per Meal 255 -304 $3.017 305 -354 $2.673 25D -3 355 -404 $2.434 405 -454 $2.300 455 -504 $2.240 505 -615 _ $2.240 2. Section 2.C, COMPENSATION, shall be amended to add additional compensation in the amount of $1,670,894.00 ($1,452,951 base contract + $217,943 (15% contingency) to the previous Agreement amount of $1,412,140 for a total of $3,083,034.00 and section 2C shall read as follows: C. TOTAL AGREEMENT COMPENSATION During the term of this Agreement, the total compensation for the Agreement shall not exceed $2,865,091.00 with a 15% contingency of one year's Agreement cost of $217,943 for a total not to exceed amount of $3,083,034.00. The contingency can be utilized at the City's sole discretion. 3. Section 3, TERM, is amended to exercise the final one year extension and to provide that the termination date of the Agreement is January 31, 2017. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the patties hereto have executed this Fifth Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:9Old w-,,-, it -1", Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL; Carlos Rojas Chief of Police DAVID CAVAZOS City Manager ARAMARK CORRECTIONAL SERVICE, LLC. Mark Adams Chief Financial Officer Vice President of Finance 25D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: AGREEMENT WITH UNIVERSITY OF NORTH TEXAS TO PROVIDE STAFFING STUDY SERVICES FOR POLICE INVESTIGATIVE PERSONNEL (STRATEGIC PLAN NO, 1, 1F) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1S' 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 the University of North Texas, for the period of January 19, 2016 through June 15, 2016, for professional services to provide a written staffing report, including staffing recommendations, data analysis, and a five -year strategic staffing plan for the Santa Ana Police Department's Investigations Bureau, in an amount not to exceed $24,887, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The University of North Texas (UNT) proposes to conduct an academically -based research project and provide the Santa Ana Police Department with a written report that provides a five - year strategic staffing plan for the Investigations Bureau within the Police Department. The proposed report would include the results, findings, data analysis, recommendations, and staffing models developed during each phase of the project. A safe and secure community is essential to the quality of life and economic success of the City of Santa Ana. Improving public safety services to all stakeholders in the community is a critical component of the City's Strategic Plan. An academically rigorous and methodologically defensible staffing report will allow the Santa Ana Police Department to implement a five -year staffing plan in the Investigations Bureau. This plan is necessary to determine the appropriate number of sworn and non -sworn investigative personnel necessary to consistently provide the wide variety of investigative functions the community expects from its police department. 25E -1 Agreement With University Of North Texas to Provide Staffing Study Services for Police Investigative Personnel January 19, 2016 Page 2 Once completed, the staffing plan will provide a framework for the Santa Ana Police Department to adequately staff the Investigations Bureau, which has seen a reduction in staffing in recent years. When properly staffed, the Investigations Bureau will improve its customer service, crime prevention, and crime - solving efforts. The research project will be completed in three phases and will cost $24,887. The tasks to be accomplished in each phase and the cost of each phase are presented below: Phase One: Data Collection and Interviews /Focus Groups (Primarily Month 1). Cost of Phase One is $7,750 and includes the following deliverables: • Interviews and focus groups with administrators, supervisors, and investigators assigned to Investigations Bureau Units • Review of current data systems and collection of available data for investigations • Review of all standard operating procedures that affect staffing and deployment • Collection and review of human resources policies and procedures affecting staffing Phase Two: Data Collection and Data Analysis in Investigations (Primarily Months 2 and 3). Cost of Phase Two is $11,867 and includes the following deliverables: • Collection and analysis of data and development of staffing models for investigations • Development of current and future staffing for investigations Phase Three: Recommendation Development and Report Writing (Primarily Month 4). Cost of Phase Three is $5,270 and includes the following deliverables: • Finalization of recommendations • Report writing, finalization, and dissemination • Presentation of key findings and recommendations to Santa Ana Police Department command staff and other stakeholders Included in the costs above are $3,250 for travel (two trips, two days each), and $1,967 for indirect costs, for a total not to exceed the total agreement amount of $24,887. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic / pedestrian / bicycle safety), Strategy F (Enhance the Police Department's community policing philosophy to balance both traditional policing and problem solving strategies to address and reduce violent, property and gang related crimes). 25E -2 Agreement With University Of North Texas to Provide Staffing Study Services for Police Investigative Personnel January 19, 2016 Page 3 FISCAL IMPACT Funds in the amount of $24,887 are available in the 2015 Board of State and Community Corrections (BSCC) grant contract services account (12814413- 62300) and will be expended during FY 2015 -16. _ Y11/ �j Carlos Rojas Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: v Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25E -3 25E -4 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 4th day of January, 2016 by and between the University of North Texas, a public university, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing a staffing analysis for the City's Investigations Bureau of the Santa Ana Police Department and making recommendations for staffing level changes based upon that analysis. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A "Mapp Subscription Agreement" and Exhibit B "Proposal and Scope of Work" 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 under this Agreement shall not exceed $24,887.00 during the term of this Agreement. b. Payment by City shall be made within forty -five (45) 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 June 15, 2016, 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. 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. 25E -5 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 performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 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. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 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 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 (30) days prior written notice to the City. 25E -6 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. 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. 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 under 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. 25E -7 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. Section 10 will survive the termination and /or end of this Agreement. 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 under this Agreement. 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: And Chief of Police City of Santa Ana 60 Civic Center Plaza (M -96) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 245 -8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 25E -8 To Consultant: Dr. Eric Fritsch, Department of Criminal Justice University of North Texas 1155 Union Circle #305130 Denton, Texas 76203 -5017 Fax (940) 565 -2548 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 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 Police Chief may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 25E -9 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. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager 25E -10 CARLOS ROJAS Chief of Police UNIVERSITY OF NORTH TEXAS Robert Brown Vice President for Finance and Administration Tax ID# 25E -11 EXHIBIT A 25E -12 MAPP SUBSCRIPTION AGREEMENT THIS Agreement, effective as of the start of the Subscription Period, by and between the University of North Texas (hereinafter "LICENSOR'), a Texas institution of higher education and the Santa Ana Police Department (hereinafter "SUBSCRIBER "), located at 60 Civic Center Plaza, Santa Ana, CA 92702, WHEREAS, LICENSOR, through its Department of Criminal Justice, has the rights to commercialize MAPP software; and SUBSCRIBER desires to obtain Flom LICENSOR, a subscription to use LICENSOR'S sotware for its aWn internal use. NOW, THEREFORE, the parties agree as follows: Subscription. LICENSOR agrees to provide SUBSCRIBER a Subscription to the Model for the Allocation of Patrol Personnel (MAPP). The Subscription includes a single nontransferable and non-exclusive license to use MAPP for the Subscription Period. Use of the MAPP is licensed to SUBSCRIBER solely for SUBSCRIBER's internal use. No rights to sublicense or market the MAPP are granted, All rights not specifically granted to SUBSCRIBER by this license shall remain with LICENSOR. The Subscription includes unlimited access to the MAPP during the subscription period and technical assistance on the use of the MAPP upon request. 2. Subscription Period. The subscription begins on January 4, 2016 and terminates on June 30, 20 L6. 1 �SubscriptionFee . SUBSCRIBER shalt pay LICENSOR $24, 887, 00Corthe subscription and additional services speei fed inExhibit "A" of this Agreement. All payment . shall be sent to: University of North Texas Department of Criminal. Justice 1155 Union Circle 005130 Denton, TX 76203 -5017 4. Miscellaneous. a. Upon termination of this Agreement, SUBSCRIBER. shall immediately terminate use of the MAPP and access to the MAPP will. be deactivated by LICENSOR. It. SUBSCRIBER may not assign this Agreement without the written consent of LICENSOR. c. This Agreement shall be governed by the laws or the State of Texas. To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement, the dispute resolution process provided for in Chapter 2260 shall be used by the parties to attempt to resolve any claim for breach of contract against LICENSOR. that cannot be resolved in the ordinary course of business. d. The Subscription may be renewed upon the mutual and written consent of LICENSOR and SUBSCRIBER. LICENSOR is under no obligation to offer a Subscription renewal at the same price set forth In Exhibit "A ". LICENSOR shall have sole discretion to set the Subscription Fee for any renewals. UNIVERSITY OF NORTH TEXAS SUBSCRIBER Signature: Signature:. Name: Name: Title: Title: Date: Datc: A G'wrCX � 1�iG�^u iz'k 25E -13 Exhibit A One-year subscription to MAPP Check the option below that applies to your agency. ❑ $499.00— Agency has 49 or fewer total sworn personnel (including those not assigned to patrol) D $699.00 — Agency has 50 -74 total sworn personnel (including those not assigned to patrol) O $899.00 -- Agency It as 75 -100 total sworn personnel (including those not assigned to patrol) Optional Services ❑ Staffing Report of MAPP Results - $1,500.00 The report wil I include a description of each variable used in the MAPP calculations. the value for each variable, and the number of officers that need to be assigned to patrol based on the MAPP results. OR ❑ Strategic Staffing Plan ofNIAPP Results — $2,500.00 The report includes the mfonuation contained in the Staffing Report of MAPP Results along with a 3 -5 year pan at staffing projection based on modifications to the variables used in the MAPP (e.g., changes in the number of calls for service over time). XXX© Other (scope of services and cost to be decided between TINT and agency): See Exhibit B for the Santa Ana Police Department Criminal Investigations Bureau Strategic Staffing Plan Proposal and Scope of Work. 25E -14 EXHIBIT B 25E -15 Exhibit B Santa Ana Police Department Criminal Investigations Taurean Strategic Staffing Plan Proposal and Scope of Work OVERVIEW The Santa Ana Police Department (SAPD) is secking the following: 1) The development of a workload assessment and strategic staffing plan which will assess the current staffing levels within the Criminal Investigations Bureau (CIB) as well as make projections and recommendations for staffing needs within the Bureau over the next 'five years_ 2) In addition to assessing current and future staffing needs within CIB, the SAPD is interested in recommendations for improved operations involving a cursory assessment of staffing efficiencies that may be gained through the use of civilian personnel in current swom positions within CIB and the use Of support staff (e.g., crime analysts) to increase the efficiency of investigations. METHODOLOGY The University of North Texas (UNT) research team will take a multi- faceted approach to analyze SAPD CIB staffing needs. The UNT research team will conduct interviews and focus groups with administrators, supervisors, and investigators assigned to the following CIB Units: • Crimes Against Persons Division • Homicide Unit • Gong Unit • Missing Persons Unit • District Investigations Division • Robbery Unit • Burglary Unit • Auto Theft Unit • Family Crimes Unit • Court Liaison Unit The methodology utilized within CIB will involve original, time and case based data collection, where applicable. Within CIB, the staffing, organization, assigmnent, specializations, and case screening, assignment, follow -up, case management, and clearance procedures will be assessed. The UNT research team will also conduct a comprehensive review of statistical data, repots, and departmental policies relevant to CIB workload, staffing, scheduling, and overtime demands. In addition to the above analysis, a cursory assessment of the staffing levels within the Career Criminal Apprehension Unit/ Santa Ana Gang Federal Task Force, Medical Marijuana Dispensary Task Force, Regional Narcotics Suppression Program, and the Cold Case Homicide Task Force will also be completed, 25E -16 Reconmrendations will consider applicable nationally recognized best practices with a unique, local focus on current activities, conditions, and trends impacting the City of Santa Ana. Where applicable, the development of staffing projections will be based on statistical models developed by the UNT research team. DELIVERABLES The written report will establish a five year strategic staffing plan for CIB within SAPD and will include the results, findings, data analysis, recommendations, and staffing models developed during each phase oftheprojeet. The UNT research team will also be available for any presentations to SAPD employees, members of City government, and SAPD constituents. SCHEDULE The study will be conducted from January 4, 2016 — June 30, 2016, BUDGET The research project will be completed in three phases and will cost $24,887. The tasks which will be accomplished in each phase and the cost of each phase are presented below. Phase One: Data Collection and Interviews(Foeus Groups (Primarily Month 1 -2) Cost of Phase One: $7,750 • Interviews and focus groups with administrators, supervisors, and investigators assigned to CIB Units • Review of current data systems and collection of available data for investigations • Review of all standard operating procedures that affect staffing and deployment within CIB • Collection and review of human resources policies and procedures affecting staffing within CIB Phase Two: Data Collection and Data Analysis in Investigations (Primarily Month 3 -4) Cost of Phase Two: $11,867 • Collection and analysis of data and development of staffing models for investigations • Development of current and fixture staffing for investigations Phase Three: Recommendation Development and Report Writing (Primarily Month 5 -6) Cost of Phase Three: $5,270 • Finalization of recommendations • Report writing, finalization, and dissemination • Presentation of key Findings and recommendations to SAPD conunand staff and other stakeholders 25E -17 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds, 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective,) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25E -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: DONATION AGREEMENT WITH REGENTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINE TO SUPPORT A HOLIDAY TOY DRIVE (STRATEGIC PLAN NO. 5,4) CITY MIANAGPR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: p•'C• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Regents of the University of California at Irvine for a one -time donation amount of $300, subject to non - substantive 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 Roman Reyna recommends to appropriate $300 to Regents of the University of California at Irvine to support a holiday toy drive that was held on Friday, December 18, 2015, at the UC Irvine Health Family Health Center, Santa Ana site, 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). 25F -1 Donation Agreement with Regents of the University of California at Irvine to Support a Toy Drive January 19, 2016 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 $300 will be spent from Councilmember Roman Reyna's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25F -2 C City of Santa Ana Donation Request City Manager's Office— M -31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 Name: Ivan Coziahr �W `Title: Executive Director Address: 800 North Main Street u city, state, zip: Santa Ana, CA 92701 Phone: 714- 480 -2441 IEmail: — - icoziahr @uci.edu Fax: __714- — 560 -0640 e g. Name: UC Irvine, Family Health Center -Santa Ana 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? Select One: Yes ❑ No If No, you will only qualify for a credit for City - related costs for your request (i. e. permit fees, staff time, rental rates for facilities or equipment, etc.), Costs for City services vary and if .,� approved, credit may or may not cover full cost of requested City services If Yes, Tax ID #: (� /) (� V 952226406 City Services Credit mount Requested: I$3OO (Date Needed: l 12 /18/15 (Mayor /Councilmen bar: I Reyna Direct Payment Amount 12/18/15 Event Time: Requested: $ Event Date, 1O:OOam- 3:3OprYl F nt Location: 800 North Main St, Santa Ana CA 92701 ess, City, State, Zip Description of UC Irvine, Family Health Center Nancy's Miracle Toy Giveaway 20th Anniversary Event /Purpose: For the past 19 years we have been able to collect new toys to over 4000 needy children for the City of Community Benefit: Santa Ana and its surrounding communities (Newborns to -Teens) Thank you so much for your Wsup rt Mail: City Manager's Off ice —M -31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647.6964 P.O. Box 1988 Santa Ana, CA 92702 Revised 11/16/2015 25F -4 CITY OF SANTA ANA DONATION AGREEMENT WITH REGENTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINE 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on JANUARY 19, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and REGENTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINE, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING A TOY DRIVE ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terns and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will PROVIDE AN OPPORTUNITY TO COLLECT NEW TOYS TO GIVE TO CHILDREN IN THE CITY OF SANTA ANA AND SURROUNDING COMMUNITY. 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 THREE HUNDRED DOLLARS ($300) for an event that was held on Friday, December 18, 2015, because the City determined that there was 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 terns 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 Term; Termination of Agreement. This Agreement shall take 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 finds 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. 3.3 Waivers. Insurance or Other Obligations, inns. For purposes of the City's protection, if the City determines that the finds will be used for a purpose which may cause a significant risk of EXHIBIT 2 25F -5 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 injury, the City may, in its sole discretion, require 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 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, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Comnaurrity 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 anyjudgment, 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 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreern . 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. EXHIBIT 2 25F -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 CITY OF SANTA ANA By: David Cavazos City Manager Attest: By: Maria D. Huizar Clerk of Council Approved as to Form: By: c.. Iun M. Funk Assistant City Attorney REGENTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINE a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 25F -7 25F -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC., FOR HARBOR BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION (PROJECT NO. 156828) (STRATEGIC PLAN NO. 6, 1B) t 111111 d 9 6 / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the amendment to the professional engineering services agreement with Iteris, Inc., to integrate an emergency vehicle preemption system as part of the Harbor Boulevard Corridor Traffic Signal Synchronization Project at the cost of $89,100 and an additional 12 months, which increases the total agreement amount to $844,100 and extends the expiration date to December 31, 2019, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 20, 2015, the City Council approved a cooperative agreement with the Cities of Garden Grove, Fountain Valley, and Costa Mesa to implement the Harbor Boulevard Traffic Signal Synchronization Project at a cost of $1,852,000. The cooperative agreement identifies the City of Santa Ana as the lead agency for implementing the project. The project will provide traffic signal improvements and timing, and will maintain the interjurisdictional traffic signal synchronization of the Harbor Boulevard corridor for a three -year period. At the end of the three - year project, responsibility for ongoing signal timing maintenance will revert to the respective local agencies. On April 21, 2015, a three -year contract was awarded to Iteris, Inc., in an amount not to exceed $755,000 for the design of traffic signal timing and implementation of system improvements. During the design process, it was determined that the emergency vehicle preemption system (EVPS) components could be procured more cost effectively by the design consultant, compared to a construction contractor. Doing so would avoid the standard 15 percent equipment markup that contractors charge Therefore, staff recommends amending the agreement with Iteris, Inc., to include EVPS implementation for $89,100, which increases the total agreement to $844,100. In addition, due to the additional design effort related to implementing the EVPS, staff also recommends extending the contract for 12 months to December 31, 2019. (Exhibit 1). 25G -1 Amend Agreement with Iteris for Harbor Boulevard Traffic Signal Synchronization January 19, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The Harbor Boulevard Corridor Traffic Signal Synchronization Project (15 -6828) was approved in the Fiscal Year 2014 -15 Capital Improvement Program. An additional $89,100 in funding is available for this agreement in that same FY 2014 -2015 Measure M2 Street Construction Fund (Account Nos. 03217663 -66220 and 03217662- 66220) and will be carried forward to the FY 2015 -2016 Measure M2 Street Construction Fund. APPROVED AS TO FUNDS AND ACCOUNTS: Nr )Fre o savlpo ur Francisco Gutierrez utive Director Executive Director c Works Agency Finance & Management Services Agency FM /EWG /VN Exhibit: 1. Proposed Amended Consultant Agreement 25G -2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. THIS FIRST AMEN'DMEN'T TO AGREEMENT is entered into this day of 2016, by and between Iteiis, hie. ( "Consultant "), and the City of Santa Ana, a charter pity and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City" ), RECITALS A, On April 21, 2015, the City entered into Agreement #A•2015.056 with Iteris, Inc. to provide traffic signal synchronization and related matters ibr the term of three years. E. In accordance with the terms and conditions of the Agreement, the parties desire to amend the scope of services, compensation and tern of the Agreement. TITE PARTIES AGREE: 1, Section 1, SCOPE OF SERVICES, shall be amended to include the completion of the system procurement and integration work in the City of Costa Mesa in Task III, described and set forth in Exhibit A attached hereto, and incorporated by reference to this Agreement. 2. Section 2, COMPENSATION, shall be amended to increase compensation for the new task. in the amount not to exceed $89,100,00, described and set forth in Exhibit A attached hereto, and incorporated by reference to this Agreement. Therefore, the total amount of the Agreement shall not exceed $844,100.00 to pay for the additional services during the extended term. 3. TERM, shall be amended, to extend the term of said Agreement for an a additional one -year period from December 31, 2018 to December 31, 2019. Except as hereinabove modified, the tens and conditions of said Agreement remain unchanged and in full force and effect, IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written, ATTEST; MARIA D. HUIZAR Clark of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager E Yj 0j1 25G -3 APPROVED AS TO FORM; Sonia R. Carvalho, City Attorney Ir. JOSE SAN VA Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR, P.E. Executive Director of Public Works Agency CONSULTANT By: 'RAMa "c')"' Title: 5,tN60L Vq(,L- p"4,ow r Page 2 of 2 25G -4 r6enermabi' EXHIBIT A Memorandum To: Vinh Nguyen, City of Santa Ana From: Alicia Yang, Iteris Date: November 4, 2015 Job Number: A- 2015 -056 Re: PR 15 6828: Harbor Blvd CorridorTSSP— Amendment 01 Vinh, This Is an amendment request to Agreement tr A- 2015 -056, Harbor Boulevard Corridor Traffic Signal Synchronization Project (TSSP), dated April 21, 2015. Based on discussions with the cities of Santa Ana and Costa Mesa, it was agreed that the system procurement and Integration work In the City of Costa Mesa in Task III should be completed by Iteris. The scope, fee and updated schedule forthis request Is summarized below. SCOPE OF SERVICES Task III: Engineering (PS&E), System Procurement and Integration Iteris is currently tasked with procuring and integrating the IP communication devices, a traffic signal controller, and TMC upgrades along Harbor Boulevard in the City of Costa Mesa. As part of this amendment, the procurement and installation of all emergency vehicle preemption (EVP) devices in the City of Costa Mesa will also be the responsibility of Iteris under this task. Iteris staff will coordinate with appropriate vendors to furnish and install the EVP devices per the City's specifications. FEE The additional fee to complete this task is 89100. SCHEDULE The schedule to complete the additional task is as follows: • Procure EVP devices, including any cabling required by end of December 2015 • Installation of the EVP devices will occur in conjunction with cabinet upgrades in the City as part of this project, which is expected to be completed by Fall 2016 Note that this new schedule will extend the completion date of the Primary Implementatlon Phase from July 2016 to December 2016. Iteris is prepared to commence the additional task as soon as notice to proceed is granted. Please feel free to contact me with any questions at (949) 270 -9693 or axv @iteris.com_ I,JC(sr E129 fOJ, NIAlle. Hv nI 1 AV,l S,o, f le k I,, 'l,1W, A dnaAll l, 1"" t.F ]1119 i0a d,,, 1700 CamagleAwnue 1 Sate 100 I Santa Ana I CA 1 92705 5551 I W. 949.270.9400 1 fax 949270.9401 1 w ,tens.=n 25G -5 25G -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE; AMENDMENT TO THE AGREEMENTS WITH EPIC LAND SOLUTIONS AND OVERLAND, PACIFIC & CUTLER FOR RIGHT -OF -WAY SERVICES (NONGENERAL FUND) {STRATEGIC PLAN NO. 6�, 1G} CITY MANAGE RECOMMENDED ACTION 1114J:H1 &410111k1[aIR11Ax91k1l F El As Recommended ❑ As Amended ® Ordinance on 1't Reading Ordinance on 2n6 Reading ❑ Implementing Resolution (] Set Public Hearing For CONTINUED TO FILE NUMBER 1) Authorize the City Manager and Clerk of the Council to amend the agreement with Epic Land Solutions to provide additional right -of -way services in the amount of $100,000, for a revised total contract amount not to exceed $400,000, with no change to the August 5, 2018, expiration date subject to nonsubstantive changes approved by the City Manager and City Attorney. 2) Authorize the City Manager and Clerk of the Council to amend the agreement with Overland, Pacific & Cutler to provide additional right -of -way services in the amount of $150,000, for a revised total contract amount not to exceed $450,000, with no change to the August 5, 2018, expiration date subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On August 4, 2015, the City entered into on -call agreements with Epic Land Solutions and Overland, Pacific & Cutler (OPC). These services are utilized to support City staff in the right -of -way acquisition and relocation for projects in the Capital Improvement Program, including Bristol Street Improvements from Civic Center Drive to Washington Avenue (Phase IIIA), Bristol Street Improvements from Washington Avenue to Seventeenth Street (Phase 1116), Bristol Street Improvements from Warner Avenue to Saint Andrew Place (Phase IV), Warner Avenue Widening from Main Street to Grand Avenue, and Grand Avenue Widening from Fourth Street to Seventeenth Street. On Bristol Street, the right -of -way acquisition process for Phases IIIA and IV began in August 2015. The services of both Epic Land Solutions and OPC are being used to complete the acquisition of 49 residential and 22 commercial properties. The first step in the acquisition process is to obtain appraisals to establish fair compensation for each property. While performing the site inspections, the appraisers identified nine additional commercial tenants, which were not part of the original scope. To ensure each of these newly identified businesses are relocated in a fair and equitable manner, additional resources need to be allocated from both consultants. Also, as part of the on -call services being provided by OPC, they are assisting the City with a few other projects. Since September 2015, they have been working on the Bristol Phase 1116 and assisting with the remaining property acquisitions and relocations, including the Bristol Coalition. They are also assisting 25H -1 Amendment to Agreement with Epic Land Solutions and Overland, Pacific & Cutler for Right -Of -Way Services January 19, 2016 Page 2 with a claim by one of the businesses relocated as part of the Grand Avenue Widening between First and Fourth Streets. These additional tasks were not envisioned in the original amount and an associated increase for OPC is reflected in this amendment. The recommended approval of the amendments with Epic Land Solutions and OPC will cover ongoing projects and further utilize these on -call agreements for the remainder of the three -year term (Exhibits 1 & 2). The following table shows the original agreement amount, along with the requested increase. The increases also include a 10 percent contingency to ensure that any additional right -of -way costs are accounted for. Acquisition and Relocation Services Firm Original Agreement Amount Requested increase Total Amount Epic Land Solutions $300,000 $100,000 $400,000 Overland, Pacific & Cutler $300,000 $150,000 $450,000 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT On -call agreements are utilized based on the City's approved Capital Improvement Program budgets. Funding will be verified for each task order prior to issuance of the notice -to- proceed. IS Public Works Agency FM /EWG /JG /ML APPROVED AS TO FUNDS AND ACCOUNTS: 73% � Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. First Amendment to Agreement with Epic Land Solutions 2. First Amendment to Agreement with Overland, Pacific & Cutler 25H -2 FIRST AMENDMENT TO CONSULTANT AGREEMENT WITH EPIC LAND SOLUTIONS THIS FIRST AMENDMENT TO AGREEMENT is entered into this 26+',e 1aAt (,/,Z0C by and between Epic Land Solutions, hie. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation duty organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS A. On August 5, 2015, the City entered into Agreement #A- 2015 -161 with Epic Land Solutions, Inc. to provide acquisition and relocation services for the term of three years. B. In accordance with the terms and conditions of the Agreement, the parties desire to amend the compensation of the Agreement, THE PARTIES THEREFORE AGREE: Section 2, COMPENSATION, shall be amended to increase compensation in the amount not to exceed $400,000.00 during the term of this agreement. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the 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 y: JOSE SANDO1L Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT FRED MOUSAVIPOUR, P.E. By: Executive Director of Title: Public Works Agency Exhibit 1 25H -3 FIRST AMENDMENT TO CONSULTANT AGREEMENT WITH OVERLAND PACIFIC AND CUTLER THIS FIRST AMENDMENT TO AGREEMENT is entered into this 7 r by and between Overland, Pacific and Cutler, Inc. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS A. On August 5, 2015, the City entered into Agreement #A- 2015 -162 with Overland Pacific and Cutler, hie. to provide acquisition and relocation services for the tern of three years. B. In accordance with the terns and conditions of the Agreement, the parties desire to amend the compensation of the Agreement. THE PARTIES THEREFORE AGREE: Section 2, COMPENSATION, shall be amended to provide that the total sum to be expended under this Agreement shall not exceed $450,000.00 during the term of this agreement. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: ;9;: orney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR, P.E. Executive Director of Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT By: Title: Exhibit 2 25H -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: AGREEMENT WITH ENTERPRISE AUTOMATION, INC., FOR PUMP STATION OPERATIONAL PLAN AND SYSTEM TESTING SERVICES (NONGENERAL FUND) (STRATEGIC PLAN NO. 6, 1C) _ !:::22 ) —, 1_�_ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLYo 0.0is As Recommended As Amended 71 Ordinance on I" Reading ® Ordinance on 2nd Reading 0 Implementing Resolution 71 Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Enterprise Automation Inc., to provide a water pump station operational plan and system testing services, for a three -year period expiring January 31, 2019, with provisions for a one -year renewal option exercisable by the City Manager and City Attorney, in the amount of $233,923, with a 15 percent contingency, for a total amount not to exceed $269,012 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Approval of this recommended action will allow the City to retain a firm specializing in system controls engineering, industrial automation practices, and procedural documentation development to support water resources staff through the construction and commissioning of the new Walnut Pump Station. These services include documenting the pump station general operations, documenting engineering controls, developing automation programming standards, developing factory and field testing protocols, and documenting all control equipment that will automate the station. The Water Resources Division of the Public Works Agency is committed to providing a state- of -the- art water production system that provides high - quality drinking water at a superior level of service to all City customers. Staff requires controls engineering services to assist in overseeing the commissioning of the Walnut Pump Station. Proper programming and standardization of automated processes will allow staff to operate the pump station effectively and reduce overall costs. A Request for Proposals (RFP) #15 -105 for a pump station operational plan and system testing was released on October 8, 2015 (Exhibit 1). The RFP was posted on the City's website, generating views from 26 prospective firms. Two responses were received and evaluated by a 251 -1 Agreement with Enterprise Automation, Inc., for Pump Station Operational Plan and System Testing Services January 19, 2016 Page 2 selection committee comprised of personnel from the Public Works Agency. Only one firm, Enterprise Automation, scored above the minimum acceptable score of 70, with an overall rating of 83. Enterprise Automation provided a superior proposal demonstrating a clear understanding of the service needs and a clear plan for achieving those needs, as well as value -added recommendations (Exhibit 2). Enterprise Automation is a leading expert in the field of controls engineering and programming, and has a proven record of successful service delivery throughout the state, including the City of Santa Ana. Staff recommends awarding a contract to Enterprise Automation as the most qualified, responsive firm with demonstrated experience in water system operations, controls programming and, specifically, in defining documentation procedures for all processes for bringing a water pump station into service. 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 Sufficient funding to cover the entire agreement amount of $269,012 has been budgeted in Fiscal Year 2015/16 and is available in the Water Production and Supply Fund (Account No. 06017640- 62300) for expenditure throughout the term of this agreement. I Public Works Agency FM /NS /RR Exhibits: 1. Request for Proposals 2. Agreement APPROVED AS TO FUNDS & ACCOUNTS: F n� ►rc�r, �r Francisco Gutierrez Executive Director Finance & Management Services Agency 251 -2 Exhibit 1 REQuEs,r FOR PROPOSALS (RFP) FOR WALNUT PUMP STATION OPE1 RATIONAL PLAN AND SYSTLM TESTING RFP NO.. 15-015 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plana Santa Ana, CA 92701 Rodolfo Rosas, PSG« Project Manager (714) 647 -3379 Office tJIMS41 [f.!,rialilta- a117b.(irLT A pprr v.ed fbr Relme: a Fred t'w'lousa vapour Lxceutive Director Public Works Agency KEY ItFP RATES (Subject to change at dlscretioea of f jji Issue: Dam Letter of Intent; Deadline for Requests fear Information; Pre - proposal Meeting (optional}: Proposal Due Bate: Presentation!luterviews (optionaj): Projected Award Date: octobcr £s, 2015 October 20, 2015 October 28, 20I5 No sdwduled meeting November 5, 2015; 2:00pnt, November 17, 2095 December 15. 2015 City of sar�a�+7 T JP 15 -105 NOTICE INVITING PROPOSALS NOTICL IS HEREBY UIVEN that proposals will be received from qualified firms for Wallitit, Pump Station Operational Plan and System Testi rig, Responses to this Requesi For Proposals (RFP) will be accepted Until November 5, 20t 4t 2:00 p.m. Proposals recelved after this date/tiniQ will not be considmd, It is the ruspomibility 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 dal.0 and time, Proposals shall be enclosed in a scaled envelope and marked clearly with followhig information, formatted as rollomc "SFALFF) PROPOSAL FOR KFP NO, 115-105 WALNUT PUMP STVFJON OPERA711`11ONAL PLAN AND SYSTEM TES'll"IN6 VTIIE CITY OF SANTA ANA )T OPEN WITH REGULAR VAR-" Citv of Santa Ana Attn.: iodoffio Rosas, P.E. Public Works Agency; 120 South Daisy Avenue, N•1-85 Santa Ana, CA 92701 Proposals shall be mailed, hand delivered, or seat by courier service. Proposiahishall NOT besem via telq7apluc, electronic or facsimile. All notifications, updates and addeticla will lie posted on the City's RPII Bid page at www.sacnLq- aaa.qr lbid��- ems. Proposers shall be rcqpoinsible fior monitoring the site to obtain information regarding Ibis, solicitation, Failure tai reSporid to required updaWs may result in a determination oCa nonresponsive Proposal, LETTER OF INTENT: Interested firms shall submit a Letter rat" Intent orthcir pending proposill, to the noted Project Manager by the required date as shown on tilt! cover page of this RFK Letters shall. be forw-arded via certified mail or email. City of Santa Ana RFP 1 6 2814 (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WALNUT PUNIP STA`riON OPERATIONAL PLAN AND SVSTFIAI T :S'rING RFI' NO.: 15-1II5 TA13LL+ Or CONTENTS GENERAL 11. PROPOSAL'1'ERNIS AND CONDITIONS III. INSTRUC,FIONS TO PROPOSERS A_ CITY RESPONSIBILITIES B. PROPOSER RLSPON'SIBILTIES C. REQUEST FOR INFORNLATIONiOR CLARIFICATION D. ADDENDA F. LICENSES & PLh:A.-IITS K INSI:,RANC'Li CT PAY'ME -M INFORMATIONPACKIA IL PRE- PROPOSALMF.I ?TIW C. CITY RICH I' FO RFJFC' I. PROTESTS IV, SUBMITTAL REQJTIRFNIEN "1'S A. GI_NLIRAL R. PROPOSAL (.'ON`['[:N FS 1. STA'I I4IF:N'T OF QU.ALIRCA1IONS - SCOPE OF SF.R6IC'LS & SC'HLDUL 3. I'LL PROPOSAL 4. CL R I'IFICATICINS V. PROPOSAL RE'S FEAV (CONSEIT TANT SELECTION) A. EVALUX]ION AND RATING; R. SLLLCHON V1. AWARD OI'ACiRI:E14II:NT A. REQUEST FOR COUNCIL ACTION B. FFECUTTON OF AGRI FNIENT VII. IMPLEIV EN PATIO'N A. KICKOFF MLLTINli B, NOTICE TO PROCEED N111. PUBLIC RECORDS I.X. APPENDIX ATTACIIIVIEN l' 1: SCOPF OF W0kK AT'TACIINtLNF?: STANDARD ACREIA N'I A'TIACHNI NT 3: CI7RTIFICAI'IONS City of f� (9) CITY OF SAINTA NA REQUEST FOR PROPOSALS FOR WALNUT PUi11P STATION OPERATION Al. PLAN LAND SYSTEM TESTING RTP' O.. 15_105 L GENERAL >w ataare cal' Work: The City= of Santa Ana is sw.king u qualified Consultant to provide an operational plan, system testing support and programming oversight support for the Walnut Pctnrp Station which will undergo reconstruedon, A detailed Scope of Work is included in the Appendix of this RF1' as Attachment 1. TtinnaberofPrc?pu.s ls,2ndSignawre: Eive (5) hard copies and one (l) digital file on a labeled USB Flash Drive (or eduiva Nta) of your proposal shall be ,.d xmod by a coanpa ny official with the power to bind the company and subtitted Lo the City of Santa Ana. One (t) copy of your Gee Propoaatl shall he submitted. ?rap) Et_u an and Ratfe� n i he criteria for eva;ltaaling tlaepraposals submitted will take the following items into consideration: • Firai /Foam Experience 10% • Understanding of Need 10% • Relevant Project Experience 15% schedule 20'1'4 • h,.elferGaGes 10% • Fee 20`yil • lraterview* 15% Total 100% The City has estatahshed as proposal review cotmnzittec to evaluate proposenr based on the response to the REP, which includes adherence to outlined directions and formal, and the City evaluation criteria set 'foalh above. A final score will he calculaletl for each submitted proposal mid used to rank the proposers, *tNTERVlE4ir— In the event that an Interview is removed from the evaluation criteria, the ilol'lmving ilea x will be considered: • pima %Team E.tpedence 20`%b • UndenAuding of Need I5°l • Relevant Project Experience 15% • Sohedtile 20% • References 10% • Fee "ctl% • Total 100% City of Santa Ana RFF 15 -1175 2888 Prcricct Fturodirro Project is liunded with Water hutcrprise Funds, Special conditions may apply. Reter to Attachments I (Scope of Work) in the Appctrdix of this RFP. Tcrtn of Contract Agreement: The City desires to enter into a contract with the so] ected fain for an initial thi-eg 3 1 year term. 'this term is outlined in the Standard Consultant A�pvernent, as contained in the Appendix of this RFP a<,, Attachment 2, The term of the contract is anticipated to last frorn the bellinning of construction through project acceptance Por the Walnut pump Station. 111, 11110POSAL TERMS AND CONDITIONS By submitting a Proposal, the proposer acknowledges that it has thoroughly examined and accepts the Terms and Cotiditioas of this RFP as described below: A. EXAMINM10N: Proposer represent that it has thoroughly examined and 'become familiar- with the services and responsibilities required this RFP and that it is capable of office ively and ofTiciendy perfonning quality work to achieve the City's objcctives, Any attachments refercneed herein or any interpretations, clarifications or arnerrdrnents subsequera ly posted in the relation to this RFP are Belly incorporated. B. EXECUTION OF AC.iF ,HENIENTF The City and the selected Proposer will enter into all Agreemenl 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 cleenAs most appropriate. C. PROPOSAL VALIDITY: Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 1247 clays after the submission of the Proposal. D. PRE-CONTRACTUAL EXPENSES: Santa Ana ,,hall not, in any event, be liable for any pre - CtrntraCtt6a1 expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERSISUBCONSULTANTS: Where two or more Proposers desire to submit a single Proposal in response to this RFP, t4acy sliould do so oil a prune- subconsulttutt basis. The City jn etads to contract with a sinnle tires acrd not with multiple firms doing business as a joint venture, Should the use of subconsnitantc be offcrcd, the Proposer shall provide the same assurances of competence for the subconsultant PfUs the delninrRtral:ed ability to manage and supervise the subcontracted. work. Subconsrrdtants slroall not be allowed to further subcanh°ttct with others for work Linder the A cement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Proposer. Ill. INs,rRuc n0NS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required infornroation in RFP. The City will provide only the sta Cl' assistaice and doctrnacntution specifica fly referred to herein. !i7 B. VROPOSE.R RESPONSIBILITIES Point. of Conlucl: 'I lie sctectcd proposer will assume responsibilityy fie r alt services in its proposal. The selected proposer shall identify a sole point arf contact with the greatest knowledge in regard to the required smice operations znad contractual matters, including payment of` any and all charges resulting from than ,Agreement. Evidence of !nk"rnci l C anaci Proposer may be requested to submit its most recent audited . finatacial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expense, over a ninety (90) day period. If said financial sualtment does not reflect full ninety ('90) day operational capacity, proposer may include a Ietterofcredit as aA&IIce of "sapplenaental capacity. C. REQUEST POR INFORMATION OR C'L.ARWIt_A- lCNti All question: or roquestcd ctarilications shall be made in writing via c -nnail to the Project lvlailagcr (contact information as noted on the cover page to this RFP) by or b6ore the "Deadline for Rcgtacsts for hufonanation " date noted on the cover page or this RFP. No verbal requests or responses will be accepted. Significant itaorprotntions or clarifications will be addressed via addenda to this RFP, as indicated in Section IILD, Any changes in RI P from the date of rclea.sc to amendment, Notification of Welt addendunn of wwt k.santa- ana.()rearld:± -1'(l4 E. LICENSES & PERMITS date of submittal will result in an addendum or amendment shall be postal on City's website, The selected Proposer steall be required to obtain a City of Santa. Tina Business license within ten (10) bnsinars 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 'lieenscsrpenoits required by the Scope Of work. F. [NSURANC'E The selected Proposer shall provide the required evidence of insurance: coverage as set lbl-Lb in the starndauxl agreement within ten (10) business clays after receipt of notice of award. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed payment information packet within ton (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: ew. ww,santa- aana.or icls, -r(p 11. PRE - PROPOSAL. MEETING A pre- proposal meeting, If scheduled, will occur on the date, titnc and location identiliud on the cover page of this RFP. The meeting will include discussion of the project seopr and a question - and- answacr session. It is highly recomatcnded that the Proposer "s key team meannbers attend this C¢ty at Santa Ana RFP 15 -105 28 g 1 _t I mecting. Signillcant interpretations or olarilicatianaa will be addressed via addenda to this RFP, as described above in "Section IILD: Addenda ", 1. CITY RIGHT TO REJECT "Fine City reserves the right to reject any or all proposals submitted and no rcpresentation is made lnc;reby that any agrecntent will he awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of* flair proposal in pans or tan its entirety or to waive any minor inconsistency, irtfornntalily or luehnicn[ defect in the proposal. 'I lie City reserves the right to rc.icct, replace and approve any and all subcontractors. All sttbcontrae rnr(s) Shull be identified in the response to the RUP, Subcontractors shall be the rcaspoarsibility of the Successful Proposer and the City shall assume no liability of such .subeolntraetors. J. PROTESTS Proposers with concerns or rebuttal of any staff determination of non - responsiveness or non- responsibility r y submit', in writing within live (5) business days, to the FroJec't Manager, any concerns regarding the iup process or stallcletenmination, Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within live (S) business days, If no action is taken within such tinge, there Shall tic no change to the stuff determination. The exercise by Proposer ot'its right: to subunit written concerns shalt be a condition precedent to seek tng.judicial review of any award of a contract hereunder, SL1I3lbil'1 :!AL REQUIREMENTS A. GENERAL Number of i opi os and Signature; Refer to Section 1: General. 2. Deadline. Proposals are due to the City or Santa Am, at the date, tithe, and location set forth above in the Notice Inviting Proposals. 13, PROPOSAL CONTENTS A responsive proposal. ;hall contain the following documentation: 1. ST.ATEME1+J`[ OP OUALIFIC'ATIONS The Statement ofQualifications shall be linnited to a. MAXIMUM of (10) DO(iBLE- SIDED PACES (excluding ftont and back covers, section dividers and attarhtnents Soaih MS WsU zes, fbrms). Font Size shall be rninintum 12-point Arial. Proposal oxhihits shall he maximurn I I X 17 ", The Statcrnrcnt ol`Qcaa[i Reations inctudes the folt'owittg: I Cover Letter: Proposals Shall include a letter signed by a principal or aulhorized represeantative who call make legally binding commitments tirr the entity, Include type of business entity. RFP 15 -105 39 b. Agrpcmcnt Statuncnt: Proposal shall include a statetricni outlining your concurrence Of concerns with any and all provisions as contained in the standard agreement attached as Attachment '?, in the Appendix of this RFP. c. Firm ant! 'fort Gxperirncw: Proposal shall include a profile of the firm's experience. Include resunacs of project te}arnisub- contractors that outline their technical and design experience. .AL a mdnitnum, this should include the project tnanager'principal agent, assocratc.,, in chairgc when project rnanagesapriacipal agent is unavailable, key personnel, tine sire, and an organization chat'[ identifying only those who will perfiorin work for the proposed project and the percentage of each individual's tinre devoted tar Lhis project. The project nianager'principal agent shall be the Primary contact person to represent your firm. d I ndeCStanftin of Need: Proposal shall include ran onihnc which dernorratrales the firm's understanding (it' [he cope of work. This Outline shntild include anticipated approach, tasks necessary fbr successful completion, and sciggestions or special concerns that lbe City should be made aware of c. Relevant Proieet Fuerience: Proposal shall include a list of projects which your turn or personnel have completed within the IaSL 5 years, including significant work with public agencies. Project information should include project: description, year completed, client name, along with a person to contact and their telephone number, E Schedule: Proposal shall include a detailed schedule, with a written statement which provides ink)nnation on current Workload and how this project would be accommodated. g lf.gferences: Proposal shall include a tilting of relevant projects wwith references for three public entities; fin- which Proposer has poi rtirrrned similar work within the past five (5) years h l?eu: frees may or may not be included as part of evaluation criteria. Refer to 'T GENERAL", IV, SUBMITTAL REQUIRFIVE TS R3 H."E PROPOSAL, below, (this item no 1mr( c?fp a,ge thn1l) 2. SCOPE OF SERVICES fir, SC'FG ,t71rI.L Proposal shall include a. Scope of ServicQs and Schcdulc Which details the work phase,; to he completed, how the tasks will be accomplished, the deliverables to be provided, and the schedule / tfincline to complete the projcct, based trpcm the requested Scope of Work, detailed in Attachment 1, which is included in the Appendix of this RFP. Any additional "value added " services that could be ol['ered and pQr1'ormed to enhance the; project may be identified in this section. if any of Lire value-added services are listed and will be perfd naked by the Consultant, the cost of these services shall be considered included in the bird items. :I. FEBPROPOSAt.: Proposer's fee proposal shall be submitted concurrently with the technical pruposad, but in a separately sealed envetope, clearly labeled aw "Fee Proposal." This shalt include tdae firm's City of Santa Ana RFP 15 -1175 2 5`U1 90 Standard Hourly [fate SChednle, and a Project Pee Schedule where applicable and os oullined in the Scrape of Work. Where rues are NOT included a.-, part of evaltrat]nrr Qi crier, the fee proposal Will rrut he opened until the proposals have, been evaluated by the proposal selection eon nnitwc. 'Thu City will select the Consultant based on qualifications, and then negotiate it contract price based on available funding. Where fees ARE included as part of the evaluation criteria, the fee, proposal will be opened and reviewed arncurrenft with the proposal, and wvci,ghtcd per [lie percentage identified in ``l. GENERAL: ". 4, CF.RTIFICA "PIONS: The following forms, included in attachment 3 in the Appendix of this RFP shall be signed and included m part of the proposal submittal paekagu: Attachment 3-1: Non - Collusion Affidavit P Attachment 3 -2; Von - Lobbying Certilicaation Attachment 3 -3: Non-Discrimination Certification V. PROPOSAL REVIEW (CONSULTANT Sr1,1 C" tQLN) A. EVALUATION AND RATING Refer, to Section 1, General, B. SELLc,rION Interview -- The City of Santa Ana will consider results from the interview= in the overall evaluation of the, proposals, ii" the Cfty, lefca rnlncs that an intcrw °iewa 'ia trrcr asar y. Tire committee may interview the top ranking proposers. The City will recommend atww"arcl or the agreement to the proposer who will provide the best gtulitV and value ter the City. City reserves the right to begin negotiations arid enter into eon ageement without interview or norther discussions. Vl. AW'ARf) OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee. the Ii''xccutive Director will recommend award of an agr©ernent to the proposer providing the hest quality" arid value to the City. B. EXEC(I flON OF AGREEMENT A standard agreement is included as Attachment 2, in the Appendix of this RFP. "Proposer" will hereinaffer be referred to as "Consultant" in standard agi-cernent. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance doeurnerats and contents of the payment information packet have been received and approved.. City of Santa Ana 2549 Vl1. IMfLEWNTATIC1N A. KICK -OFF MEETING A kick -off meeting will be held [after award of conrrviet. C'ouzultant and its team will mcd wid, City of Satan Anna .sta!'f to conduct innrocluctions, discuss scope of services, and ianplemem ation process. B. NOTICE TO PROCEED F °ol:lotw°ing, '[lie kick -ol'f meeting, a format Notice, to Proceed (NTP) natav be issued x'klter the agreement is belly executed, and all insurance documents and contents of ¢Ire payment In'lomaution Packet have been received and approved. fill. PUBLIC RECORDS All responses to the RFP shall become propeny of the City, and proposals will become public record after award of agreertaont. Proposer information identified as proprietary information shalt be maintained confidential, to the extent allowed under Lae California Public Records Act. City of Santa Aria RFP 15 -105 2W42 Appendix A'[ "I'AC.itMEI1T ! SCOPE OF WORK CITY OF SANTA t11aA REQUEST FOR PROPOSALS FOR WALNUT PtIIA PST T1ON OPERATIONAL PLAN AND SYSTEM TESTING RFP NO,: 1-5-105 Introduction Introduction and Background- The City of Santa terra is located in the County of Orange in Southern California. The City encompasses 27,2 square miles and sr population of 325,000 people. The City of Santa Ana Public Works Agency - Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System, The City of Santa Ana's swatter system has in average day demand of about 43 million gallons (MG) with 45,000 services. It is comprisW of approximately 444 tulles of`water main, 45 N-16 of storage at 7 sites, 7 Metropolitan Water District (MWfD) connections, 21 groundwater wells, 7 ptrrnli stations, one (1) elevated tank, a pressure regulating stations and utilizes 2 pressure zones, The Cily's sanitary server system has approxiniately, 8,000 manholes, 390 miles ofsewer mains and 2 lift stations, The seswcr system collects all sewage and transports it to the Orange County Sanitation District for treatment. In addition, the Water Resources Division monitors one Storm Drain lift Station known as the First Street Underpass. All facilities that require remote operation and tetcmetry (pump stations /fi ft Stations, swells, tIVIWD connections and pressure regulating stations) require 24 hours per day; seven days per week on call support. Ilowever„ they are staffed only d Uri rig normal business hours. Exisl:ing Walnut Puinu Station. `file existing Walnut Pnni,p Station is centrally located in Santa Ana. This facility is a time (5) booster Purnpin f, station with two of the five boosters controlled by variable frequency drives (:3) wells (Well 29, Well 16, and Well 33) pump directly into the t million gallon resetimir at this location. Additionally, at Municipal Water District (MW17) connection, SA-2, is available to :supplement to the water supply as needed, While the Walnut Station is currently fully operational, comprehensive system improvements are planned, including upgrades to the sfati is instrumentation and control systems (under a separate Contractrscopc of work), Description of Work: All project tasks and dcliverables shall be is described in Exhibit A, Scope of Services, CifyotSantaAna Ft�P t5 -t d5 25-1 -J13 Fee Pro In addition to Section IVJQ (Submittal Requirements: Fee Proposal) Icc schedule shall he stru cttlred as follows: Proposer's fie proposal shall include a Project FCC Scllatlule as tONOWS: Item Unit Quantity Unit Price 'Total 1. Wshout Station Site Audit Lamp Sum 1 2, Walnut Station Site L.Unlp Suu7 I Operal'. ions Amessmew .l. Watatil Station Plan Lump %u n t Spwificatiun Review 4. Walnut StRl'ion F4nCtlolall L.urxtip Sum I Specification Developntent 5. Walaut Sunion F:4`t'iSA'I' Houl's S(Y) Protocol Development. Support (r. Walnut. Station FATSAT Flours [00* Observil to l ?. Walnut Station Yours 604' t:onlnik'sioning Support 8. Control System ftg'.tannriing Lump Sulrr I Guideline and Procedure Duvolopffment 0, A.9- needed Operational and Flours 60* Programming support Tota i `These are estimated quantities. Actual inspection quantities over contract term may vary.. City of Santa Ana RFP 15 -105 201- 4 Appendix A T i'AC HPIV ENT 2 STANDARD AGRI LMENT CONSIiI.TANT A+G.REEM ENT CITY OF SANTA ANA THIS AGREEMENT is made, aid entered into this _ day cif 201 by and betwren a [insert type of business: sole ownership entity, LI,P. ctc], (hereinafter "Consultant"), and [lie City of Santa Ann, a charter city aricl municipal corporation organized and existing Under the Constitution and laws of fire State of California (hereinafter "City") REC.ITAI.S A. The City desires to retain a consultant having special skill and knowledge in the field cif" B. COMUltalrt represents that Consultant is able: and Willing, to Provide such services to the City, C. hi undertaking the perloranrance of this Agruonicnt, Consultam represents that it is knowledg,cable in its field and that arty services purfonnned by Consultant tinder this Agreement will be perfornned in compliance with such standards sas may reasonably be expected bona a profcssiona�l consulting firm in the field. NOW THEREFORE, in consideration (if the mutual air([ respective promises, and subject to the tones rind conditions heroinatier set Forth, the parties agree as billows: 1 3. SCOPE OF SERVICES Consultant shall peribmi those services as set Birth in Exhibit A to this Agreetent, C."+t7M P E N S A T I €i N a. City agrees to pray„ kind Consultant agrees to deceit as total payment for its services, the rates and charges identified in Exhibit B, The total sum to he expended Under this .Agreement shall not exceed S _ during the Ceram or this Agreement, b. Payment by City shall be mado within 41 of drays (XX) days following rcecipt or proper invoice evidencing work perrorniecl, subject to City acCnnnting procedures. Payment need not be made for work which fails to moct lire standards of performance sot forth in the Recital,, and Scope of Work, which may reasonably be expected by City. TERM This Agreement shrill commence on the date. Tirwt written above and tcrtninate on , 201X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be oxtended upon a writing executed by the City Managcr and the City Attorney. RFP 15 -105 15 4. INDEPENDENT CONTRACTOR Consultant squall, during the entire terns of this Agreement, be construed to be an independent Contractor and not an employee of the City, Thk Afreenieni is not intended nor shall it be Construed to create an eanlrloyer- etnp love relationship, a joint venture relationship, or In allow the City to exercise discretion or control over the prolemional manner in which Consultant perlimns the services which me the subject matter of this Agreernetnt; however, rite services to be provided b y Consuitarit shall be provided in a manner consistent with all npplicablc standards and regulations governing such services. Consultant :shall pay all saltrriew and wages, clnp'loy','s social security taxes, uneniployanent insurance and similar tuxes relating to employces and shrill be responsible for all applicable withholding hxes. i'. (l'wk't`VERSHIP OF MATERIALS This Agreement creates a turn- eXCIUSivc aural perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, desigais, and other intCHOCLcal property embodied in plans, specifications, studies, drawhags, eatiniales, and other documents or works of authorship fixed In any tangible medittnt of expressiasn, including but not limited ter, physical dniwings or data magnetically or otlictavisc recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"), Consultant shall require all subconu"actors to agree in writing that City is granted a non- a'.xelasive and perpetunt license for zany Documents & Data the siubcoutractor prepares under this ,Agreement. Consultant represents and Wain-ant:5 that Consultant has the legal right to license any and all Documents & Data. Consultant snakes no such representation and warranty it) regard to Doeurnents & Data which were provided to Consultant by the City, City ;shall not be limited in any way in ,its use of the Docunnenis and Plata at any time, provided thal any such use not w idiin the purposes intended by this agreement shall be at City's sole risk, ti. INSURANCE 1'601- to Undertaking perfOrnnanee of work Sunder this Agreement, Consultant shall maintain and shall require its subcontractors, Ifan,y, to obtain and maintain insurance as de,,,vHbed below; I . Commercial General Liability ImUranCe. Consultant shall maintain conu-nercial general liability insurance naming the City, its afftcers, employees, agents. volunteers and repreSentatives aw adelitiouai insured(s) and shall include, bat not be limited to protcetion against claims arising; Runt bodily and pensorial injury, including, death restilling 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, nets involving vehicles. The amounts of insurance shall be not less than lire Iollmviang: single limit coverage applying to bodily and personal injury, including death resulting thorefronn, and property dumage, in the total amount of S'1,000,000 per occurrence, with $2,000,000 in the aggregate. la. BL18illOSS automobile liability insurance, or equivalent form, with a combined single-limnit of not less than $ 1.000,000 per oca:arrrence. Such insurance shall include coverage for oww•n(A. hired and non - owned autonmhHes, G. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Cocle, C'orisultanl, if Consultant has any omployces, is required to be insured City aI Santa Ana RAP 15-105 2 &'0'1 IS against ,liability for wi rkor's compensation or to undertake self insurance. Prior to Commencing the performance of the 'work under this ,Agrcement, Consultaal agrees to obtain and maintain ally employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or c^mploys a licensed professional such as an architect or engineer; Professional linrb'ility (errors and omissions) inAurancc,, with a ctunbined single limit of not less than $1,000,000 per claim wide $2,000,000 ill the aggregate. e. The following recluirenrcuts apply to the insurance to be provided by Coustdtamt pur.SWnatt to this section; (i) Consultant shall maintain all insurance required above in full force and effect for the entire periled covered by this Agreement. (ii) Corti Picates of insurance shall be furnishod to the City upon execution of this Agreement and shall be approved by the Ci ty. (iii) Certificates and policies shall :state that the policies shall not be caneehod or reduced in coverage or changed in any other material aspect, by consultant, without thirty (all) days prior written notice to the City, (iv) Consultant shall supply City with a fully executed additional insured endorsement. 11'Consultant Bails orrefuses to produce or maintain Clio insurance required by this section or fails err refuses to furnish the City with required, proof that insurance has been procured and is in force and paid roe, the City shall have the right, al the City's cic:eticwn, to forthwith terminate this Agreement. Such termination shall not atlect Consultant's right to be pant for it8 tune and materials expended prior to notrhCiltion of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work perforated prior to apgrrcaval o f insurance by the City. 7. INDEMNIFICATION Cerrrsultant agrees to and shall indemnify and hold (rarnaless the City, its officers, agents, employees, consultants, special counsel, and representatives front liability, (1) far personal injury, damages, ,lust 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 l of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is dace by reason of the terms efor efkets arising from this Agreement. This indemnity and hold harmless agreement applies to all chines 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 tornrs of, or effects, ari ing from this Agreement. The Consultant torturer agrees to indemnify, hold harmless, and pay all costs fior 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; than personal injury, damages, just compensation, restitution, .judicial or equitable relief clue to personal or property rights arises by reason of the terns of, or cl"fects arising from this Agreement. City may nnnke all reasonable decisions with respect to its represetitad:ion in any legal proceeding. Notwilbsttanding the foregoing, to the extent Consultant's Service:; are subject to C'ivi'l (:ode 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 rclatc to the ueglil ence, recklessness, or willful misconfttel of the Consultant. B. INTELLECTUAL PROPERTV INDERINIFlCATION Consultant shall defend and indemnity the City, its officers, agents, representatives, and employees against any anti all liability, includin- costs, lot- infringement of tiny Lnitcd States' letters patent, trademark, or copyright inlringermsnt, ineludhlg costs, contained in the work product or doctnncnts provided by Consultant to the Char pursuant to this Agreement. 9, RECORDS Consultant shall keel) records and invoices in connection with the work to be performed tinder 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 fear at nnnintam period of three (3) rears, or for any longer period required by law, front the elate of final payment to Consul tail l, wider this Agreement, All sucla records and invoices shall be clearly identifiable. Consultant shall allow a re,presenttttive of the City to examine, audit, and make transcripts or copies of such records kind any othor documents crented pursuant to this Agreement (luring regular business hours. Consultant shall allow inspection ot'aull xork, data, doettnuenbs„ 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 receivos from rile City information which Clue to the nature of suety infionnation is reasonably understood to be confidential randier 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 infiaination, but also information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary u nillor agent of the other party is covered by this Agreement. The foregoing obligations of trot -case and nondisclosure shrill not aapply to any information that (a) has been disclosed in publicly available sources, (b) is, lhraragh no fault of 1110 Catnsultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of coniidentitality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without referenee to informattiotl disclosed by the City. III CONFIAC'T OF INTEREST CLAUSE C "onsultanl covenants that it presently has no interests and shall not have interests, direct or indirect, which Would conflict it) any rnauuner with performance of services specified in Certifications, Exit !bit C. attached hereto and incorporated in this Agrecincm by refomnae, City of Santa Ana RFP 15 -105 2.x'6'118 12. NOTICE Any notice, tender, demand, delivery, or other communica rion pursuant to this Agrecnrcnl shall be in writing and shall be deemed to be properly given if deUvered in person or mailed by firwt class or certified mail, postage prepaid, or sent by (iax or other telegraphic communiealion in the manner provided ill this Section, to the followving persons: TO City: Clerk oPfhe City Council City of Saaata Ana 20 Civic Center Maze (M - :10) P.O. BOX 1988 . Santa Ana, CA 92702498$ Fax, 714- 647 -6956 Willi couai:esy copies to: Exec. Director XXXXX Agency Citv of Santa Anal 20 Civic Center Plaza (M -) 11.0. Box 1988 Santa Ana, California 92702 Fax 714 - 647 XXX 'To Consultant: _ , City Attorney City Amo moy s OiTwe City of Santa Etna 20 Civic Center Phaza (M-29) 11.0. Box 1988 Santa. Ana, California 92702 Fax 714 - 647 -65 t5 A party array change its address by giving notice in writing to the other patty. 'flacreafler, any communication shall be addressed and transmitted to the new address. If sent by mail, cclmmunication shall be effective or dccmed to have been given three ("3) days aria it has been deposited in the United States mail, duly rcgistorod or Corti fled, with postage prepaid, and addressed as set forth above. If seat by pax, communieation shall be effective or deemed to have been given twearty -four (24) hours alter the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as se:l Ruth above, For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLustvra AND Aht1,1'ti111t11CM' This A,grocmcnt represents thew complete and oxcauvive start meant between the City and Consultant, and supersedes my and all other agrecmunts, oral or written, between the parties, in tlxe event of a contuo between the terms tit' this Agreement and any attachments hereto, the terms of this Agreement shall prcvail. 'This Agvement cony not be modlfed except by written ansla °ument signed by the City and by are authorireel YCprescntativc of CanSfltltant. The parties agree that any tarns or conditions or any purchase order or other ins'wumcnt lhat 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 acknowtedgm drat no representations, inducements, promises or agreements. orally or City of Santa Ana A P 15-105 otherwise, have been made by any harry. or anyone acting on behalf of any party, which, are loot embodied herein. 14. ASSIGNMENT Inasmuch as this Agrcemcnl is intended to secure 'dtc 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. trarrsfcr, delegation or subcontract without the City's prior written consent ,,hall lie considered nutf and void. Nothing ill this .Agreement shall be construed to limit the City's ability to have any of the scrviccs which ure the subject to this Agreement perlbrrned by City Irers`otmel or by other consultants retained by City 15. TERMINATION This Agreement array be terminated by the City upon thirty (30) days written notice of lermination• In such event, Consultaanl shall be entitled to receive and the City shall pay Consultant compensation for all scrvicea performed by Consultant prior to receipt of such notice of termination, subject to the larollowuag conditions: U. As ar condition of;rtaclr puyrrrerrt, the Executive Director may require Consultant to deliver to the City all work- product completed as ol" Well dude, and in such case such work product Shall be the property of the City artless prohibited by law, and Consultant consunts'to the City's use thereof lbr such purposes as the City decnrs appropriate. b. Payment need, not he made for work which fails to rocet the sdandard of performance specified in the Recitals of this Agreement, 16. DISCRIA11NATION C'onsuttant still] not discriminate because of race, color, creel, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined rued prohibited by applicable taw, in the recruitment, selection, training, tdiliradon, promotion, termination or other employment related activities, Consultant affirms that it is an eklusd opportunity ernployLr 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.. M JURISDICTION - VENUE This Agreenrem has been executed and delivered in the State of California and the validity, interpremion, performance, and onforeernernt of any of the clauses of this Agreement sharp be determined and governed by the laws of the Shiite of California, Both parties further agree, that Orange County, Carlifbrnia, shall be the venue For any action or proceeding Chart may be brought or arise out of, in connection with or by reason of this Agreement, I& PROFESSIONAL LICENSES Consultant shall, throughout the terra of this Agreement, maintain all necessary licenses, per mils. approvals, waivers, and exemptions necQssary for the provision of the services ']let ounder and required by the laws and regulations of the United Statics, the State of Cahfcn'aroia, the City of Santa Ante and -,it] other- City of Santa Ana RFP 15 -105 26P20 govemnaental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or mahttain such permits, licenses, approvals, waivers, and excinptions. Said inability shall be cause for termination of thi,; Agreement. 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if`tin,y tire identified as Additional Provisions, Exhibit t), attached hereto and incorporated itato this Agreement by reference. k). Edell undersigned ropresctris and warrants that its signature herein below ' has the powver, authority and right to bind their respective parties to each of (be terms of this Agreement, find shall indcmniVy Cily, fully, including reasonable cost=; and attonaey's fees„ for airy injurics or damages to City in the event that sucI7 atdhority or power is not, in fact, hall by the signatory or is withdrawn, b, All Exhibits reteremed herein and attached hereto shall he incorporated as if fully set forth in the body of this Agreement, IN, WITNE +SS'1•r+'I- IFREOF, the patties hereto have executed this Agreement the date and year first above wvri l ten. ATTEST: KIW -11a D. I Iuizar Clerk of'the Council A.PPROVUD AS'IO FORM: SONIA R. (: ARVALF10 City Attorney Icy: Name ol' Attorney Assistant City Attomey RECOMMENDED FOR APPROVAL: N ant@' Fxecraive Director - (Agency) C:IT4' OF SANTA ANA David Cavazos City manager CONSULTANT: (name) (title) Tax ID4 15 -105 SCOPL' GI' SE, RVICL.S 'the City of Santa, Ana is seeking a qualified engineering coasuhint to provide C)wnor's Fngincer services assisting t'tre Water Resources Division to developing, testing, integrating, commissioning and standardizing the Walnut Pumping Station system and operations. The City desires a 3rd party Consultant to serve as the City's agent liar key operational planning, functional and test protocol development, and system validation and commissioning activities, 'Uh#s project duration is projected to he 2 -3 years (3 -year service contract). Please note: The Consultant selected for this project will he precluded front submitting it bid for all other elements of the Walnut Station Improvement Project, either individually or as part of a tear tn. TASKS; The required tasks include the following:. Conduct "Site, Audit" work sessions with the City Water Produclioon Team to identity, inspect and evaluale enis>zj; hardware and control- equipment for the Walnut Punap Station. The ( "on silt talit shall catalogue till existing controls hardware and provide recommendation- for enhancement and standardizalion of hardware where applicable hosed otr currently available technologies and industry best practices. It is anticipate([ that two (2) Site visits (t3 hours each) will be needed for this tasks a, `]'lie Consultant shall evaluate the condition of existing PLC" racks, I/O modules, field Wiring and backup power- supplies, Provide a summary of assessment findings and recommendations for eriliancoment, b. The Consultant shall prepare an "haatrumcni. Database' (master equipment list) cataloging, all existing hardwaa-u nand configuration details for the site. The formal and fields ofthds dalabaw shall be developed in collaboration with the City Water PrOd;nCti011 Team, c. The Consultant shall create an I/O database to catalogue till system Ii0 and communications, which shall include summaries of the use and function of each. The database shall lie provided in a form easily Integrated will) all SQL, datahaae. Tlia format and fields shall be developed in collaboralion with the City Water Production'l'eam. The type of 1/0 coptured in this database shall include, but act be limited to, PLCs, local and remote 11 -Mls, remote 1I0 modules, radio transmitter modems, backup power, wiring and termination blocks. d. The Consultant shall provide recommendations for control hardware upgrades and si.arndardization. These arccannmendatioils ntly be amended into the Walnut Station improvement plan. ?. Conduct "Site Operations" worts sessions with the City Water Production Team to develop and document current operating procedures fir the Walnut Pumping Station, The Consultant shall provide recommendations her enhancement to existing operational practices based ore ccurently available technologies and industry best practices. RIM City of Santa Ana RPP 15 -105 26T-12 a. 'tile Consultant is expected to develop it detailed understanding of the Iaaihtv'.s operational fiaatction including all eegtaipnaent. controls, ingtrutricrILalioti, and corrulxunicattion systems. Consultant shalt rescarc:h as necessary to fhlty understand the capabilities and limitation of the station in its current operational configuration, b. It is anticipated that up to five (5) sessions (4 hours each) w iH be needed to complete this task. c. C'on.suhant shalt provide a "Site; Operations" summary of current operating procedures based upon the findings. /results ofthese work sessions. d. Review and develop a detailed understanding of the proposed plans Laud specifications for Walnut Pump Station improvements (under a separate C'ontratct"scope of work). Full plans and Specifications for this project will be made available to the selected consultant capon award of contract. A draft of the operational control strategy for bidding; purposes has been provided In Exhibit 1). 4. Create, update and enhance the Functional Specification (Cotatatined in the Projcct. Construction Specifications) for the Walnut Pump Station based upon Tasks 1•3 above. The specification shalt include the followitag: a. Narrative overview of the function and operation of the station; 1% ldentifaeation of all component of the station (i.e., egttiptrrcrtt, instrumentation, etc.) c, Narrative doscription of the functionality of each component of the station (c.g., pumps, tanks, VFDs, valves, motors sCnsor:w'transmiCCars, monitors, etc�); d. Narrative description of ail operatiotuil modes for the station; c, Dosoription ofthe process control strategies for the station 1. Narrative dcwcriptian of each process control strategy; 2. Idunliitication of the specific 1 /0,, wtpoink, commands, and communications associated with each strategy; Detailed description of the control logic ('or each component€stratogy, including permissives, interlocks, PID controls, etv.; Description of the SCADA interfaces (The City SCADA Network is 'Dyne ES provided by Kapsch Trafti.eCom USA, tnc.); g. Narrative and detailed description ofsystearw alarms and other notification functionality, S. ]lapsed oil the Consultant's detailed understanding of Wv alnut Station functionality and operations, and Consultant's detailed understanding of the proposed plaustspecifications for the Walnut Station improvements (from Tasks 1 -4 above), the Consultant shalt coordinate with the Project's PCS Integrator to develop comprehensive Factory Acceptance Test (FAT) and Site Acceptatwce Test (SA'f) protocols. Consultant will be tasked with reviewing, enhancing; and providing approval recommendations for test protocols and other control system submittals associated with City of the planned station improvements to ensure that the Project PCS Integrator's deliverahlcs ,and tasks are being executed in compliance with the accepted specifications. Eighty (Stl) hours of ProJect PCS Intmrator deliverables review support are anticipates[ for the Wahout Station, 6, Act us the City's agent during factory and on -site functional and performance acceptance testing. Consultant shark document identified a,ll fan0ionad and pertbrmance discrepancies and coordinate corrective actions to resolve identified discrepancies prior to City acceptance. 40 hours for FAT validation and 60 hours for SAT validation are anticipated for the Walnut Shation, 7. On an as- acceded basis, Consultant shall provide on -site supporl fur commissioning (start -up) activities, in close coordination with the Walnut Purnp Station Improvements Contractor and PCS Integrator. Consultant shall be present during system commissioning to verify all aspects of the control systern and associated proQess equipment are exercised and to ensure; deticiencics are corrected by the C:onlractonTC'S Integrator as they arc found. Comrnisiirnaing will not be considered complete until the Consultant has determined that kill of the system requirements have been met, 60 hours for eernarnissianirrg sulaport are anticipated for the Walnut Station. 8, Devetop standard control system programming guidelincs and procedures ihr use on the Walnut Station preoject aas well as future improvement project,, at other City Water Production facilities, Consultant shall provide recornmendatiom fear use of generic structured text, standardized functional blocks, standardized ladder logic, or other alternative languages. `Chose guidelines and procedures shall he developed in collaboration with (lie City Water Production Team: however, the experience ofthe selected consultant will lye heavily leveraged for this tank. a. Consultant shall provide re.cornmendations fora standardized I110 inandrig convention. b. 'Tile C011sraltan1. shall develop application programming templates, subroutines, finaction blocks, and data structures, to anininaize the level of custom programming required to add oloeraeble assets to any sites each as pump stations. Simulaardized templates and modules shall serve as starting points liar future programming efforts. e. The Consultant shalt develop standard requirements for Laser defined access levels, d, llrof ramming guidelines shall address rexluireaaaents for software backup plans to ensure that system ,,ollwtue components (Sits PLC programs) are routinely archived and available lbr use in restoring the symorn should restoration become necessary. e. Guidance shall address program documentation standards including black diagrams Of logic sequence referenced to the control strategy specification-, fully commented logic, coverall control sequence cornments at the slarl of each Program file and at the start of each major Logic block, and reftwences to logic descriptions to the control strategy specifications. I.:. Cluid�elines shall address CIh'II standardization including screen layont. pop -up windows, icons, navigation bars, mouse button use, function key controls, animation, communication protocol with 111-C's, screen navigation flow, and event and alarm log screens. Cruidaaaee oak the use of tag number, equipment description, and system description within fIMl screens shall also be addressed. City or Santa Ana RFP 16 -105 261=24 On an as-needed basis, Consultant siiatll provide operational and prograunruiug suplrort .for anther Water production System facilities. Sixty (60) hotu °s ol'suppawrl are anticipated for this task. Iti(!Y PROJECT DELIVER,+BLES Fask f a. Site Audiffechnical lv emorarndurn: The "Site MOW' work sessions shall follow with a summary ol`harrdwvar c assessment findings, This Tint will provide recommendations assockated with hardware upgrades and standardization. b, lnstt2uncnt Dawha c: A list of all existing hardware and configuration details shall be submitted for review and comment by the City. A separate list orany proposed hardware shall also be included (this list shall identify which piece orltnrdwvam that it will be superseding). 'rho format and proposed fields shall he approved by the City prior to dovclopncnt /submittal of this database. c. 110 Database: A list of all system 1/0 and Conlin Lin ica lions inie0aces shall be stz witted for review and coanLrtent by the City. The ler imit and proposed fields shall be approved by (Pre City prior to developmen(lsubrrrittal of this database, r:ask 2 at. Site f) eatttions Technical Momoratndunr: The "Site Operations" work sessions shall follow with a field st nmary for review a ud. CoCnCnent by the City, The memorandum will include an organized summary orexis ing operating procedures. The "1'M shall also inaandc recommendations For improvements to system practices and procedures. Task 3 a. N/A Tash 4 a. Functional S geiflicaticrrr_ A functional specification, as described in €he scope above, shall be submitted for revieNN, and comment by the City, The Inrarnat and contrnt outline shall be approved by the City prior to final ticvchrpnsenkisuhrr ikti €. Task 5 a. FAT7SAr protocols: Acceptance testing protocols and criteria for all control systorn submittals associated with the planned Walaut Station improvements will be submitted to the City for review and comment. 'rastc tr a. FATISr'AT Results Re rent s Acceptance testing results, including required corruetive action plans to address Lilly performance/ f nrctional deficiencies;, shall be submitted to the City for review and comment. of Santa Ana RFP 15-1 05 Task 7 a. ('orraan ssrau>n 'S_ltirt -up Elcporv. Acceptance testing results, including required corrective action phuas to address any lroceliarrraanc `Iuncfiamaat deficiencies, shall be submitted to the City for review and comment. Task tt a. Pro rarratrainr Guideline: A prograrunring guideline document shrill be submitted for review and comment by the City. This deliverable shark include standardized programming procedures and parameters as described in the scope of work. Base programming files shall be included. Task 9 a. N''A V. MIN IMUMQUALIFICATIONS The City is :searching Corr a highly experienced engineedengincering firm with specific experience in control s,ystorn, H.Ml, and SC'ADA system development, test, integration, and commissioning. C'alitiania CSF PC, El-" PE, or ISA CAP certification required. Provide licenNelcerLifieation holder informalion (i,e., name, ticenso #, etc.). Project P:xperieuce. n Demonstrated experience with PLC, HNIT, RTU and communication processors (c..g- Schneider! Telemecanique Modicon PLCs, and fulagclis HMI) in a 'variety of dc,vulopment environments (e.g,. Concept v2.6 and U'nityPro). r, Proven experience with :KADA conrmunication protocols and concepts. * Demonstrated experience in the area of control systems design, development, integration, aecelltance tcsfing and commissioning. r., Minimum of three projects of similar scale Mid Scope in the muaiciptal water product :ianichstributi Oil industry within the past five years. * Strong written and verbal communication capabilities; provide 3 references. Provide detailed prpjcet descriptions liar represenuaive projects; include contact information for clicnticustorner personnel ( pruject mrcnager, engineer, etc.) involved with each representative project. Sufficient resources, to staff this prooject. Provide resumes for key personnel/sub- contractors and a. resource table summarizing the availability ofassigned individuals forthe project,. VI. SUB-CONTRACTORS All ,subcontractors) shall he idcntifiied in the hid propostd. Subcontractors shall be the responsibility of the successful proposer and Lhe City shall assume no liability of such subcontractors. _�_.__� City of Santa .Ana F,FP 15 -105 -- 2511265 EXHIBIT B FEE PROPOSAL, including hourly rates (from separacly sealed envelope included with Consultant Proposal) 15 -105 EXHIBIT C, CERTIFICATIONS (Jhom ArVichnio11t 3 (ifRFP) City of Santa Ana Rf-P 15 -105 2 6#' --8 EXHIBIT H WALNUT PUMP STATION i)TZ,1F`T CONTROL STRATEGY DRAFT OPERATIONAL, SETTINGS General A. Walnut Pump Station eommunicates with over to wircicss data link. The existing PLC is used to monitor and control Well 29 and the [v1G' D Vauit (SA -2). The hardwired signals between Well 29, SA -2, and the IValaut Purap Station wilt be replaced with a fiber optic data link. The existing R ft.i wvitl also be replaced and intoga -ated into the existing radio system, The PLC hardware components for Well 29 and SA -2 will be provided by others; however, the programming and integration ol't'hese units shall be the responsibility oPthe I'C'S integrator. B. This suction provides a general description of control strategies provided for bidding purpows, %4odif to these sdratcgic.s arc anticipated and shall be provided as al functional spec:ificatiou to the Contractor prior to initiating PCS program development. C. The PCS system will be configured such that operator sctpoints and pump ditties can be act and changed by an Operator either at the Central HMI in the utility's administration building, or at the Local Station HIv11, Both HM1s are to he operate in parallel and be configured for both monitoring and control, The PLC is to accept the most recent Operator set value/ hrstructions entered from either location. The PLC is to update both II.Mls such that they ahvays display the current operational values and setpoints. CI, 11'eoanantinicatipns with Central, is lost, the station is to maintain automatic operation, using the last entered operator setpoints, The functionality of the Local I-1tdii is to he unaffected by this loss of communications, F. The control stra wgics are divider] into three sections:. hardwired functions: Provide hardwired ftinctions that are implemented independent of the PLC, using relays, field contacts, panel switches, and other hardware devices. 1 PT.0 Functions. Implement these functions by configuring the PLC sof1wnre. Automated pumps and valves will oporate in both a computer manual, and Auto mode unless otherwise stated. Provide pop -up windows for Autrrf'vlanual 3. IIMI FunoGons; Implement. these functions at the Local 111\41 (Operator Intet-facc'Tcrtrainal). If General Hl'<'I1 A. Where HMI is referenced in the strategy, this refers to the Local JINi1 at the pump station. B. It is the responsibali y o1` the PCS Contractor to ensure the I -.real HMI will function as specified with the starliora PLC. C. Local IIN11 display graphics City of Sa a a P6 15 -1 p5 1. all graphics are to be submitted to The Owner for comments. Incorporate O wner's comments into revised graphics prior to animation ol'the graphic. 2. The i illowing list oi'grapbic pages is a riaiuimun,i requirement, Six undefined graphic pages have been included and is to be included in the PCS integrators scope at' work. Pop -up grghics for equipment control base 110( bomr liSICd but are included in throe Integrator's scope. ,, Crappie pages, excluding Pop -ups. of M\11I gtaphlc l -- 1 1 2 1 6 5 taraphic Dcscriptiast facility over -vice. �t•aCahic Puntp Station /Wells 17rocess rg aj7bic `_ Punip Station Sctpotn�rzr�rlttl 'c Hy ass NIDLic Process,, setPoint Iralabic Booster hump and drive diagttoatics sere cn Well pumps and starters diacno me screen Acee,is seenrity starts PtI Tuning Graphic Alarm susnrnaty tllarsn Lim _ Log-ir>' Title serccn _ Pro- confieured trends. Foul r near Tier screen Screens to Owner 4. Provide pop -up windows For all automated field devices to allow switching betw"ri auto and C'otuputcr Manual Nlodes, and device control, unless specifically stated otherwise. Windows to he look rand function the same as the existing pop -ups on the Central IAMI. D, Security: Implement the same user access security levels to the Local HMT, as provided for the Central E1NIl, tit Overview of Booster Pump Control A. In Automatic mode, the booster pumps are to be sequenced On and Off to maintain the station discharge pressure at the Operator setpoint value. The pressure setpoini is commonly set at a value between 80 and 85 psi. One VFD speech Controlled pump is rmdritaincd on-line together with as many fixed speed pumps as are needed to Meet the distribution demand and keep pressure at sctpoint. B. Control commands to ` FDs and SS'['s, and speed control signals to VFD's, are to he hardwired from PLC digital and analog outputa. The VFD and SST signal valises and parturteters (discrete and analog) are to be monitored by tote PI.,C via a Modbus, RTU communications network as shown ors the drawings. City of Santa Ana RFP 15 -105 25'1"310 C'• Should a PLC failure ocCUrr, the station pumps is to be able to be controlled manually by switching [lie pump local 1-1C1A switches to 1hw "HAND " or "OFF " position. The VFD pump specd in T-Ir-AND is set oil the VFD LCD operator panel and keypad. IV Overview of Well Pmmn Control A. The constant speed well pumps are normally operated in AUTO triode, As the reservoir level drops below, preset reservoir level setpoints, additional wells are called to rum and lill the reservoir. As the level is restored, the wells are progressively shut afr. V Overview of Bypass IVlode A, The Bypass Mode can be enabled automatically by the PLC if all hooster pumps are "oft' and the station discharge pressure still remains above setpoint for a significant time, This condition may occur at night what demand Is law, and water is entering the distribution system from other sources. Fl. Il "the Bypass mode is enabled (all pampas are oil), and tlhe reservoir has capacity available; and the system pressure is above a programmable (PLC /1IMI) setpoint, the PLC" will send a signal to energize a solenoid valve on the Bypass Valve to at towv systoin flow back into the Reservoir. Irany octhe allowable conditions are changed, the PLC will de- eugergizc the signal to the solenoid valve. This procedure relieves the high system pressure. Vi Re+servservoir I.evel Control :5tratog A. Hardwired Functions A low pressure switch shall be installed on the suction side of each booster pump. It t'he suction pressurrc drops below the low pressure sotpa;iat, the pump ,hall step and a LOW SUCTION PRFSSURE alarm shall be generated. The low Pressure alarm shall reset arutonwaticu'lly when the suction pressure rises above setpoint. However, once a lows suction alaim Is generated, the PLC shall not allow the pump to restart until the Reservoir has attained a prograntrnable aninimurn level setpoint attained by Well Pump operation. ft, pI :C" Functions 1. Continuously monitor the reservoir level ?. Alarm if the reservoir level exceeds a preset (HMI) High- Ili,gh or Lowv -Low level setpoint, 3. Generale: a warning if the reservoir level exceeds a High or Low level setpoint. 4. Local and Central HMI functions S. Display the reservoir level and alarm the High -High, High, Low and Low-Low levels when the alanin signal is generated by the PLC. VII Booster Pura f�'orttrol Gity of Sa�"i 46-905 A, Hardwired Functions i, I "roaidc I�ilrrt IihC t �tispl�iy t]ie Fc7ltowua� p�nixip stt�rfeastsatns siatiuls: at. pump CALL b. Pump IN HAND c. Pump RUN d. Pump HIGH DISCHARGE PRESSURE c. Pump LOW SUCTION PRESSURE f. Motor HIGH TEMPERATURE g, WD /SS'T FAIT, i. Provide a RESET pushbutton for resetting latched alarm conditions. 1, Provide a LOCK-OFF-STOP pushbutton adjacent to the pump interlocked with the pump starter, to prevent operation when in the OPF position. 4. Provide a RUN command to the pump starter when the 110A switch 'is in dw, HAND p(sifion. S. Clufput an OPEN command to the SST pump discharge valve when the pump is started, The 4''FD discharge valve shall OPEN when the pump is started and a minimum discharge pressure Is obtained in the r"pectivc VFF) discharge piping. 6. Provide pump control and protection as indicated on the electrical schematics included with the project draw[ngs, 7. Provide Pump Running and Drive Motor Foult indicating lights on the VFD or SST. The DrivelMotor fault to indicate if any motor temperahire alarm or SS]"'WI) fault is detected. B. PLC FLInCtions t. l�oa- esch Lruml7 monitor the following fiend signals; a. lt7 Remote b, In Hand c. Disidiarge pressure High alarm d. Suction pressure "Low" alarni city or Sonia Ana RFP 77,05 2 5°f' SM. e. Run i'. Motor High Temperature VI'D/S91 Fail IL Booster Fun,rp Speed (VFD ptu:rG,ps only) 2. For each pump mortitor the rot towing signals via Ethernet or Modhus a. Booster Pump Status - READY h. Booster Purnp Trip Alum , Rrerth Fatilt c. Booster Pump Trip alarm. `vlotor Overload d. Boaster pump Trip Alarm. Phase Ions e, Booster Puntp Warning, Drive, Over Temp f. Boaster Ptathp Motor Vol[.,,' g. Booster Pump Motor Power (KW) h. Booster pump ALARM RF:SR f 3, Purnp PLC" Control Modes: a. Computer Iklanual Modc: I . Output to CALL signal to the pump starter when all the following conditions are islet: a, Pump 1IOA switch is in (lie AUTO position b, COMPUI'Eki NIAIw UAL Putup mode is selected on the I1;N91 c:. The drive RF..Ai7Y signal is present d. The Operator selects RUN on the IiMI pop -hip "tIndow, far tninual putatp control, In Mciti€xn, for a VIED motor Output a SPEED siEzial between 0% and 100% corresponding to the speed setpoint entered by the Operator on the Computer Manual pap -up window. 3. Remove the CALL si,gyaal to the drive when the drive is rurnhing, and any of the following coriditious are detected: a. Drive or motor F AULT'signals is dt- ;tec1ed h, Drive READY sigiu l is r�errioved c. A STOP command is received from the Operator HMI prop -up window. d. The pump Mode is changed from "AUTO" e. ,A "Love Pressure" signal is detected at floc purnap suction for more than 5 seconds. r. A "Fligh pressure" signal is detected at the ptmnp discharge for more than 5 g. The pump discharge valve is nor open within 20 secomis of the pump RUNNING signal being >, receive([. h. Computer Auto Mode: 1. Control the pump automatically Ora and Off when all the filllowing conditions rare met; a, C'oniputer Atlto Maelc is selectccl it tlao HMI. b. Tile purnp HOA switch is in the AOTO position c. Tile purnp is selected as "tn Service" at the HMt d. "I'hc drive READY signal is present, e. The ,purnp is called by the booster pump LEAiD'LA G sequence logic. 2, Stop the ,pump if Uri y= 0Ctile lirlh,wirig condiLions occur: a, Drive. READY signal is removed b, T']rc pttrttp tvindc is ch arrged I'raarta "At!'1 Cl" 9. Stop the pump and change the purnnp Service status frorn "in Service " to "Out of Service" if,any ofthe following conditions occur while the pump is running,: a, Drive or motor FAULT signal is detected b, A "Lora Pressure " signal is detected at lhe pump suction li r more Ihun 5 seconds, c. A "I l.igln pressure " signal is deteetcd at the puntln chscPlarg;c for more than 15 seconds. City at Santa Aria�RtFP 15 -105 —� 2�IL riJ4 d. The pump discharg ,e valvc, is not open within 20 seconcls of the pump RUNNING signal being received, C, Local and Central HN,41 Functions 1. Provide IJIVII Operatorentry fielck for the flotlowing ,, a, s a ininnnum: a. Pump IN SERVICR, OUT OF SERVICE 1), PurnpAUTO.' COMPL.'I'ER.\IANt)AL(I)oj)-til)witiclotv) c, Pump START/STOP i qwrati unal in COiVf P I JT ERMAN UA 1, by F. (pop-up wi ndmv) d. For VF D, Punip speed (pop-up window) 2, Disptayatl PLC alarniq on the both process and alarm graphies. 3. Display analog values nand status on the process graphics 4. Provide a tiencl showing Booster pump flows (rive), bypa,,N, dour, and sWlion di,.whorge pressure. VIII Booster Pu nip Dischargt valve A. hardwired Functions 1. Provide local OPENICLOSEand T.00AURLA1011 controls a the discharge valves. 2. When the valve LOCAU REMOTE switch is in LOCAL mode, allow the valve to be coatrollcd using the Local Opem'Clo,,w puslibWwns. %kdien the LOCAJ-11REM01 Eswitch is in REMOTE modc, allow the valve to be controlled by the PLC pump logic. & PLC' Functions 1, Monitor the Open and Close SUICUS of the discharge valve at the PLC'. 1 Generate a valve FAIL, TO OPEN signal if the pump has started, the valve is in REMOTE, mid the valve is not fully open within 5 seconds. 3. Generate q valve FAIL: TO CLOSE signal if the pump is stuppeA the valve is in REMOTE, and the valve has not closed within 5 seconds. C. I IMI Functions 1. Provide moniloring of the discharge valve, and valve I land./OffAuto switch status. 2. Display and log valve alarms 15-105 IX Booster Punta Lead /Lag Sc uence A. hardwired Ftnrctiorrs 1. None B. PLC Functions 1. Sequence the ptrnnps automatically ON and OFF, to following staging of pumps to maintain the discharge pressure setpoint through the PID control of the LEAD VI "D, and monitoring the percent speed of the LEAD VFD to dotennine when to STAGE LIP or STAGE. DCTab'N. 2. If the system DEMAND IS INCREASING, causing the LEAD VFD to increase speed to above it programmable value (default is 9211/r, speed), then start a virtual timer which, will be reset if the speed ever drops to below 92%, When a adjustable time delay as set by SCADArR MI (cLetjwlt is S ramutts) hers elapsed, commence turning ON or OFF the appropriate pumps to -o to the next stage. Each STAGING I II' control will have, acl_justable tirners I'or the affiected pumps to "smooth out " the dynamic change in Pressure conditions during the stage transition. It is the intent to have the LEAD VFD always be operation in an "efficient range of slush" while keeping the discharge pressure stable under I "ID CONTROL. This will also facilitate a reduction in energy costs. 3. If the system DEVAND IS DEC ICE ASIN -0, causing the LEAD VFD to decrease speed to below a programnmble value (default is 75'X, spocd), theca start a virtual tinier which will he reset if the speed ever rises above 75%. Wtren a adjustable t.irne delay as :net by SCADAi 1MI (del`ault is 5 minutes) has ehrpsed, cornmerace turning; CAN or OFF the appropriate Pumps to go down to the nest stage. Each STACTING DO%''N control will have wdjustable timers for the affected pumps to "smooth out" the dynamic change in pressure CC1nt1t1fIrIS flUl'llnk the Stage transition. 4, 11' no pumps arc ON, the. PLC shall monitor the discharge pressure and when it drops to a PLC programmable integer below the "active" pressure setpoint, then start a virtual I'LC: timer. If the discharge pressure stays below this "start-up" pressure setpoint for the errtir'e, urntiguous time (default ol` 5 minutes,), then command the LEAD VFD to come ON. The lower alien -up setpoint from the station discharge setpoint is to insure that the LEAD VFD will not have frequent starts and stops hovering around the station discharge. setpoint. 5. If only the LEAD VFD is ON, and the discharge pressure strops below the station setpoint causing the VFD to go to minimum speed, then start a programmable virtual PLC timer (default of 10 minutes) to shut down the LEAD VFD under this very low demand circunstance. 6. If llae TOO (Time of USE) function is active, only allow staking up through STAGE 4 (max Of 2 pumps ON). Do not allow, any 5l'aging N. 5 -7, tit this circumstance,, the UP STACTF timer would "not be active " at Stage 4. City of Santa Ana�RyF.P 15 -105 2 bTX15b 7. SequerlQc the pullips auto I nati call y ON and OFF, to k4lowing staging or pumps to maijit9in the discharge pressure seLpoial, through the ['it) control of the LEAD VFD. and monitoring the perccol Speed of the LEAD VFD to determine when to STAGE ['11 or STAGE DOWN. R. If the system DEMAND IS INCREASING, causing the LEAD VFD to increase speed to above a progranimablc VaIUC(dciatTTiX72/6 speed), tlicn start a virtual timer which will be reset if the speed over drops to below 92%, When a adjUstabIc time delay ,is set by SCADMI[Mf (&f'aU117 is _S rajaIrtes) has elapsed, COMM011CC Willing ON or OFF the appropriate Pumps to go to the next stage. Each STAGING UP control will have qdjU.'dable timers for the affected pumps to "smooth out" the dynavnic change in pressure conditions during the stage transition. It is the irlterit to have the LEAD VFD okvays be operation in an "cfflcicnt range of Speed" while keeping the disohargo pressure stable under Pill CONTROL, This will also facilitateareduetion in energy costs. 9. If the system DEMAND IS DECREASING, cawiing the T.FAD VFD to decrease speed to below a programmable value (dell alt is 751/1* speed), then start a victual timer which will be reset if the speed ever rises above 75% Wficii a adjustable tinic delay ns Sol by SCADAIHMI (jefoult is 5 nkitlirbes) has clapsed, commencu turning ON or OFF the appropriate pumps to go down to the next. stage. Each STAGING DO'kNN control will have adjustable timers for the affected pumps to "smooth out" the dynamic change in pressure conditions during the stage transition. 0 Pumps On-lille Maximum pump HP I on -line pumps 0 j Lead variable Spec Pamp 200 Lead variable speed putrip. 2 100 lip purnp (Pump 5) 300 Lead variable speed purnp 1 3 1 M lip pump (Pump 4) 350 4 Load variable speed pump + 200 lip PUrall (PUM2 3) 400 Load vadalltespeed purnp — 6 C. HMI Functions 15 0 11p purnp (Pump 4) 1001-11) pump (Pump 5) Lead variable speed pump 4- 100 lip pump (Pump 5) — — 200HP Mann (Puilin 3) 450 500 1, Provide entry fields for Operator of all the Booster pump staging firriurs with operator level access control to these parameters. Do not allow out ufrange values to be entered. The PLC logic will Sol these entry limits.. 77Y 77 —Santa �Ana 1 � RFP43 7 7-5--70-5----- 2 6 x St¢ttiors Pressure Conlrol A. General: Provide the Operalo€s with the following options for pressure control; MANUAL PRESSURE CONTROL: Provide a RTtz panel 2 -way selector swvitch (h1ANi AUTO ➢), hr. MAN anode. the I'LC Pit) Loop will use [lie POTFNTIOMFTFR input vsa] vo Lis Ilse discharge pressure setpoint to maintain. "l`Itis O -5k ohm PO'f''LN`FIOME'Cl:R (on the [ace of the RTU) signal will be converted to a 4 -20 mA signal ushig an AGM signal b,ulartcr /converter. The 4 -20 mA signal will be an anatog input into the PLC 1 /0 and then he settled into the logic with limits of 60 -90 psi 1nr cod to end tutrts of the potentioanter. This will prevent an operator 0 -om dialing in an unacceptable value for discharge pressure setpoint. Thiw manual mode shall override any AUTO setpoin't valve. 2. AUTO PRESSURE CONTROL / PLC: When the pressure scilpoiant switch is placed in AU'TL)„ the PLC shall use an internal PIII loop to control the dkofiarge pressure to match the auto pressure setpoint value which may be entered into the PLC via operator entry through SC'ADA car H:N41 lwith operator access control). AUTO PRESSURE CONTROL / ABB LOOP CONTROLLER BACKUP: Under normal conditions, the PLC signal to the VFD will "pass through" the ABB single loop controller. In the event this input control signal is "lost ", tlae ABB single Loop controller will use all internal PID Corxtrol to oporate in BACKUP MODE using a ,cparatety provided pressure signal to maintain the "active" pressure setpoint. The ABB single loop controller will continuously display the pressure sel.point and discharge pressure "active" values. 4. The VFD shall always follow the output signal from the PLC in Ai TO PLC and follow the ABB single letup controller in AUTO/ABB CONTROLLER and P1D BACKUP modes. X1 Booster Punms Flow Monitoring A. Harrclwired Functions I. \one. B. PLC" Functions 1. MO Ili liar Lhe bnosuI• PLanp dischrtrge flow meter and 'generate a totalized flow (I 000s of cubic feet) capable of ra miarinium of art least eight significant nannber& C. IIMI Functions 1. Display both current 11ow and totalized flow. X11 Bvimss Mode A. Hardwired Functions City of Santa Ana RFP 15 -105 261218 1. Pro vide Local control ()('the Bypaiss valve when (lie valve LOCAU REMOTE sw =itch is in the LOCAL posil.ion. Allow valve control from the PLC when the switch is in the REMOTE Position, 2. Provide a valve percent open position si; nai, and REMOTE signal to the PLC" B, PLC Functions 1. Monitor the valve "percent open " position signal, and provide discrete OPEN and CLOSE cotnnaands to the valve operator from tire: PLC. 2. Bypass valve position control a. Provide a position controller (AUTO/ MANUAL) in the PLC; with "OpEW' and "CLOSE" discrete outputs:, to conlrol the position of the Bypass Valve, Use the analog valve position signal as the; controller .feedback. h. "Computer Manna]" control: Allow the Operator to control the valve position by entering a "percent open" setpoint when controller Manual is selected. c. Auto Mode; The position of the valve is controlled by the output of the bypass line flow P117 controller. 3. F3ppass lirrs l7oev caaratro1ler: a. Provide a PLC .soft bypass line flow controller (AUTO /MANUAL) to control tlae now in the bypass line using tile, bypass; line analog floe"," meter signal for glee controller feedback. The controller output is a hyposs valve position setpoint.. b, Computer 1 ,rnual: When Manual flow controller mode is selected allow the operator to enter flow setpoint to the controller. c, AUID ;t"fode: ah'hen the controller is pul into Auto mode, the; flow setpoint is switched to the output of tlae Bypass Pressure controller. 4. Bypass line pressure controller: a. Provide a PLC based PID controller for system pressure control when in By lauass h"locle using the system pressure analog signal as feedback. The output of the controller is ,a flow setpoint to the [low controller. b, Allow the Operator to enter to enter a Bypass pressure setpoint at the 14MI 5. Lraahle atttnrnatic hq aass caantrar1 when the Hallowing eonditions are rnou a, Bypass Control is Enabled h. All hooster pumps are OFF c, The reservoir level is below the "Bypass " level setpoint. (Typically set to 75% Bill) d. System pressure is above the Bypass "Start" pressure setpoint, (Typically greater Chao 83 psi) e, The Bypass valve and controllers .are, all it) AUTO mode. t,. Generate a "By"pass Valve" alarm if Lite Valve is in AUTO niode� under the following conditions: a, Bypass Valve OPEN alarm: "I lie Bypass valve is open and a Booster pump is rtlarning. br Bypass Valve POSITION alarm; 11' the ibpass valve position differs front the position aeLpoint command signal by more than 51,N0, for 2 minutes or more. C. 11MI Functions 1. Indicate bypass valve, status and alarms. 2, provide entry fields for Bypass pressure setpoint and TOU Activc'la rteLive selection. Mil 'rirtac ol'tisc dTOtjF A, Hardwired Functions 1. lone. B. PLC Fuarctions 1, Usc TOU interlocks as indicated in the other control strategies C. HMI Functions I. Provide'FOU (military tire) operator entry field"; lirr Lire lbllowing: .a. fiypttss TOLL- P9start' and "stop" antes b. OIT-peak TOU ",qtw" and `"si,eap ", tina s c. Mid-peak TOU "quirt„ and "stop„ times 2. Provide entry %ields to "Enable " and "Disable" TOU individually for Bypass Control, Off- peak TOU, and Mid-peak TOU, 3, display rite cnabl !disable stataas a,ttcC TOU sctpoints, X[ V Well Paranrtr Control A. llardwired functions City of Santa Ana RFP t 6Ht 75 261-240 I. Allow the. hoostel• Ixrrnpas to he started and :stopped from the PLC when tic: Local"Remote switch Im the pump is in the 1.0('A1, position. 2. Providc pilot light to display tic following ptunp starter status signals: a. Pump CALL b. Pump IN IIAND c. Pump RUIN d. Ptunp HIGH DISCTHAROE PRESSURE. c. Pump LOW DISCHARGE PRESSURE l: Nfotor HI0I-1 TEMPERATURF g. SST FAIL 3. Provide n RFSE "l" pu4tibutton 14 resetting latched alarm conditions. 4. Provide a LOCK -OIT -STOP pushbutton adjacent to the pump interlocked with the punip starter, to present operation when in the OFF position. S. Provide a RUN command to the pump snarter when the HOA switcli is in the HAND posi Lion. G. Provide pump control and protcetion as indicated on the pump electrical scltcniatics included with the project drawings, B. PLC' Functions 1. For ca h pump rrionitor the following Field fsiguils: a, IN REMOTE h, IN HAND c. Discharge pressure High alarm d. Discharge pressure "Low" alarm c. RUN C Motor High Temperature g. SST FML City tit Sant_ An�a��FA 15.1 ©5 2. For each pump monitor the hallowing signals vin Modbus a. Booster PUMP Status - READY h. Rooster Pwnp Trip Alarm. nirth Fault c. Booster Pump Trip Alarm, Motor Overload, d. Boostar Pump Trip Alorm, Phase lass c. Booster Pump Warning, Drive Over Tcnip F, Booster Pump Motor Volts g. booster Pump Motor Pow cr (KWW ) lt. Booster pump ALARM R1 SFT 3, Well PI.0 Control Modes: a. Computer Marrtaa] 1. Output at RLIN siottil to the well punxp starter when all the following conditions are met: a. Pomp HOA switch is in the AUTO position la, t:ONIPUTER -MANUAL Pump anode is selected at the IIMl c. The drive READY signal is True (1, The Operator selects RUN oat tho 11MI Drop -up window for mantra], pump control. 2. Remove the RIJ'N signal to the drive when the drive is running and any of the following conditions arc detected: a. Drive or raiotor FAIJT;T signals is detected h, Drive R IADY signal is removed c, AS TOP cornarm atd is received froua the Opa raator HMI pop-01) win(low. d, The pump Mode is changed From ".MANUAL" 1). Well Auto Mode: 1. Control thc ptaanp autonitatically On and OCI wheat all the follow ing eonditionS are filet: City WgaM 7a RFP 15 -105 26V *2 a. Cominrter Auto Mode is selected rat tho fink! b. The pump 1, IOA switch is in the AUTO position c. The purnp is selected <rs "hi Service" rat the d NAl d. The drive READY signal is present. c. The primp is called by the well sequence logic. I Stop the purnp if any of the fallowing conditions occur: a. Drive READY signal is removed b. Pump is selected trs "Out OF Sery ice ", c. The pump Mode is changed from "AUTO" 3. Stop the pump and chiange tine pump Service status frcrtn "In Service " to "Out of Service if traty of the following conditions occur while the pump is tamping: a. Drive or motor FAULT signal is detected b. A rnotor winding "over temperature. " Signal is received. c, A high discharge pressure alarm is received for, more than 15 seconds while the purnp is running. d. ptnnp flaw 4. 'shell Sequencing. nt Sequence the well puirips automatically ON Land OFF when the following conditions are present: 1. Well pusnlm are III AUTO mode ?. Well pumps are in REMOTE 3. TOU is disabled or TOU enabled and time of claty is outside the "On Peak " period 4. The reservoir level has dropped to a vcI-y low "Override" CVOL In this case pumps are started independent of the TOU condition. b. Starl tine lead well pump when the level in line reservoir drops below the operator entered "Lead punip start' level. c. Start the I.ag, I well pump a,tyafSanta Ana wFp IS- 1t3S I . The reservoir level drops below the ",Start Lag - a "ell pump 2. The ` OU is disabled or if enalblcd, it is in the "Orl'Perak " period d. Start the Lag 2 well peunp il: I . The reservoir level drops below the "Start La-22" well pump 2. The TOU is disabled or if enabled, A is in the "Off Peak " period c. Step the Well pumps when the reservoir levels rise above the respective "stop well pump„ level. 5, Well Lcad. Lag rotation aa. Lead well ptutap duty: rwr "hen "Auto Rotate Well Dutics ", is selected" designate the Lead pump to the pump that is available and has the lowest ntanher of operating hours. h. Lag 1, Lag2 well pump duties: When "Auto Rotate Well Duties ", is selected, designate the Lngl and l.ag2 pump duties to the purups with the second to least number of operating liours, and Lag2 to the well with the greatest number of well operational hours. c. Roalloeattc well punwp duties 0s,Xlt time aft three well punwps Ore detected off. C. 1_ocatl and Centraat llfvll Functions 1. Provide 6IMl Operator entry fields for the following, as a minimum: a. Well pump IN SERVICE/ OUT OF SERVICE h. Well pump AUTO! CONTPUTFR M.AVUAI. (pop -up window) c. Well pump S ['AR D'STOP operational in COMPUTER MANUAL MODE. (pop -up window) cl. Reservoir -Start" and "Stoop " levels for each well pump duty. Prevent the Operator entering a "Stop" .setpoint level below the "Start" setpoint for that Dtjty. 2. Display all PLC ahirnis on the both process and alarm graphics. 3. Provide a preconftgured trend showing Well flows, and Chontleat 'tank level. D. Volvo sequencing Eder well startup at each of the 3 wells shall proceed ass follows: 1. When welt is not operating, butterfly valve to hypass shall he in normally open position. Butterfly valve to reservoir shall be in normally closed position, City of Santa Ana RFP 15 -105 251444 2. Upon startup of any of the 3 wells, well shall discharge through open butterfly valve to bypass I'm a preset thmc period ranging from 5 to 1:5 minutes ttieastared by a first startup tinier, 1 A second startup tune -delay circuit sct to 20 minutes shall also start, 46 After the first startup timer has tinted out, motor actuator on va.lve to reservoir shall energize and open valve to reservoir. 5. If valve to reservoir fails to trip limit switch. within 20 rnintates of well start, second time- delay circuit shall send alarm to SCADA. 6� Once valve to reservoir is energized, limit switch on valve shall start thind startup timer set for a preset time period ranging from 2 to 5 tmirrutes. 7. tN firurth startup time -delay circuit set to 6 mintrteaa shall also Start, S. After the third startup [inner has timed out, butterfly valve to bypass shall energize to close, if bypass butterfly "ilve fitih to close within 6 minutes, lbutch startup dnnc- cle[iiy circuit steal -1 . sand alarm to SCADA. 9, With the bypass valve energized to close, pump shall continue to fill reservoir through opeti butterfly valve to reservoir until well struts down, E, 'Valve sequencing for well shutdown at each ol'the three wells shalt proceed as follows: 1, upon well shutdown, valve to reservoir shall remain open for a preset period of 2 to 5 minutes tncastired by a first shutdown tither, 2. Ater the first shutdown timer has timed out, system shall dceaergize allowing valve to bypass shall open and varlve to reservoir shall close. XV Well l+lo lwlonitorin. A, Hardwired Fanctiorss 1. i4one, 13. PLC Functions I, Ivlonitor the flown from each of the three: wells and compute the total flown. C. 14MI Functions 1, l ?isptay the well flows ;and totalized flow. XV1 Facility Electrical Lner„g„y'wlonlitorlrt City of Sa� "g 15 -105 A, Ilardwired Functions 1. None. F3. PLC Functions L Ulnniic)r the ii�llt7witxg ever y meter sis araCs via the l?thcctaet "I "C'1' %IP connection a. Phase voltages h, Phase: curreatts c. Power Factor d. Demand, KW and KVA e. Kilowatt hours f. Ov.r current, over and under• Voltage, Culra ll unbalance, volluge unbalance, and low fruClucracy alarans. C. Hivtl FtanGtions 1, Provide a graphic display showing currealt l4ility elec trical deco ands stnd alarm conditions, Display to slua,w a graphic of the electrical system sand table of current values. ?. Display alums from the energy meter. 3. Trend the KWFi and KVA demands XV'II ChlnI•isse S3'stcrn SIIC: Gtel'lj The S1IC unit will be irtmalled and prograrnmed by others and integrated with the Walnut F'CS. The status or the SHC tacit will be monitored by the Wah,tut PCS. A. Ila7.rdwired Functions 1, TBD. B, PLC Functions 1. TBID, C. l IMl FLUICtIO S 1. TBD, XVIII Security Intrusion Monitoring City of Santa Ana RFP 15 -105 2SP496 A, Hardwired Functions 1. Send at common "Access .Door Open" signal to the PLC if any of` the four doors into the pump station or clectricul MITI is aletected open, 2. Scud it Common ".Access Bypass" signal to the PLC:' if citht:r of the two "Access Bypass Alarm" switches are: activated, B. PLC functions 1. Monitor the security "Access Door Open" and "tntrusion Alarm Bypass" signals and ,generate an alarm (latch) if the "Bypass" signal is not dmetctl rant I minute ol" the "Access Door Open" signal being roceived. Reset the ular•m WOW Bypass signal is dete.Oed err the alarm is reset at the FINIL C, 1-INII Functions 1. Show status of door switches, bypass switches, and access alarms. NIX C.nrergeucy Gencrutor Stet) Sectnenca The backup generator will be provided by other:;. The PC.S integrator shall provide the Programming and integration with the backup generator as follows: A. Hardwired Functions 1. TUD. B. PLC Functions 1. The automatic transfer switch will be monitored Farr status and alarm as shown in the P&lDs and as listed in the VO schedule. Automatic transfer switch (ATS) position indicates utility poww er status. 1 "<'v'hen plant power fails, as indicated by a three- phase power monitor wired to the foal -side of the ATS, the PLC shall immcdiately shut down all PLC" Controlled equipment, Fifteen seconds after ,plant power is restored, as indicated by the three -phase power monitor wired tax the load -side of the ATS, the PLC's shall begin wquentially restarting ttre pumps so than no two pumps start at the same time. Punip re- starts slralt be staggered by at least 20 seconds cacti by the PLC using tune delay logic. 3. The PLC shall not call more than three pumps to rata when the station is on emergency power. C, HMI Functions t. Show status of the ATS switchcs. 2. Other function T9D. City of Santa Anna RFP 15-105 PLC INPUT /0UTPU "r LIST (PrclLninary) TAG DLSCRIP "1'1C)N 4 "Y'Ply GL- 160C PUMP I IN I[AND D - - ZL 1610A YL-160I3 YA -160A FAH -1E; _- - OA PLI4,IP 1 1N REMOTE � DI PUMP I RUN PUMP I VFD FAIL _. I'[JMP 1 HK1Ei ZEhTPEItATU[IE. PL:IVIP 1 FII64 msC HARGE PRESSURE RE - PUMP I LO W SUCTION; PRESSURE - Mtl IG 1 PF..ATCITE D1 DI DI D1 DI UI PAH -I60A PA11160-A ZI-,-I60A ZLO-160A MOV I FU LLY OPEN Dt ZLC -160A NIQ_V_ I FULLY CLOSED DI _ ZL -150C PUMP 2IN HAND DI WZL -150A � PUMP 2 IN R1u:tdMT DI YL -15013 PUMP 2 RUN DI ' YA -150A T'UL'IP 2 VI;D FAIL Dl �- _ TALI -150A 1 PAH -150A PAT. -150A ZI 150A ZLCI -150,A ZLC-I50A PUMP 2 111611 `I'EMPE•RATURE Dl DI DR DI DI DI DI PU'WSP 21ItGII DISCI [ARC, PUMP 2 j.,6 ` SI.7C'TION PRI SSURL MOV 2 IN REMC)'I'I; - MOV 2 FIjT,I.Y OPEN MO-V72-01,111Y CLOSED PLJ1vT 3 IN HAND ZL -140C ZL -140A PUMP 3 IN REEK }TE DI -14013 PUMP 3 RUN DI _YL YA -140A PUMP 3 SSRV PAIL D1 '['AEI -140A PUMP 3 HIGH "TEMPERATURE DI. PAII -I40A PUMP 3 11K31 DISCHARGE PRESSURE. DI PAL -140A PUMP 3 LOW SUCTION PRESSURE - DI ZL -T40A Zt,C7 -140A 71,C` -I40A Z;L.430c Z1,110A YI, 130E3 YA -13OA T.AH I :BOA �— hICJV 3 IN REMOTE v DI IvICiV 3 FULLY OPEN MOV 3 FUL,LY CLOSED PUNNIP 4 I HAND DI DI DI DI DI DI DI DI DT fiT DI PUMP 4 RIJ`,T MIMP 4 SSRV FAIT, PI IMP 4 HIGH TEMPERATLJRI PIJNIP 41-11CIt DISCHARGE PRESS'URR PUMP 4 LC)A SUCTION PRESSURE MOV 4 IN REMOTE: MOV 4 FIJI,[.Y OPEN MOV 4 FU LLY CLOSED PUMP S IN HAND PAH -1.30A PAL. 130A Z1.-130A ZI- 0- 1.30,A ZLC-130A DI ZL -120C DI "ZL -120A PUMP 5 IN REMi?TE DI YL -120B PUlwt.l' 5 RUN -- DT YA -120A PUMP 5 SSRV FAIL. DI TAH -120A PUMP 5 HIGH TEVIPERAT[JRE DI City of Santa Ana RFP 15 -105 2511046 PAH,120A PA-I - 12{1.A ZL-120A ZLO-120A JA-163A ZL- 164A JA-160A YL-165A YT. -lo-k YA-167A IA -161A JA-157A YA-108A YL-168A YA-171A VA-IMSA YA-198A YA-199A YA-200A LAH-107A LAW Mk LAH-197A 1-,-Al--I--20,GA ZLC-102A ZL-102A ZLC-103A ZL,-[03A ZLC-104A ZI.,C-105A ZLC- I I IA ZL-lltA ZLQ-1 12A 7L(.%l-l-2A- ZL-112A ZLO-181A PUMP 5 HIGH DISCHARGE PRESSURE P(JMP5 LOW SUCTION PRESSURE M CiV 5 IN REMOTE Mov,i 1--.0,11AY —OPLN WOV 5 FIJ LIX C'LO.S�E15--- 4,91]VTIONIVER FAIL ATS IN rikTFROENCY TVSS ALARM HITTER STATUS 1H STATUS DI DI DI DI Df M—DIO ENCLOSURE INTRUSION Di 120V POWER FAIL PLC` FAIL UPS LOW BA'ITERY DI D - I -DI DT PUMP ST ATLON INTRUSION PUN-IP STATf(5KTqWRUSlON ALARM BYPASS DI WPD 1-2 S F f,EC'' — DI SODTUNI HYT-'-0CIlLORrI'E/J'OL STORAGE ROOM DI INTRUSION VALVE VAULTI INTRUSION -VXI.VF DI VAULT INTRUSION N-IETER VAULT INTRUSION DI DI -RE-1,9-1 iV6fk ACCESS HATCH INTRUSION -HUTTERFLY VAJ,VF. VAU­LT INTRUSION DI VALVE VAULT I FLOOD DI VALVE VAULT 2 FLOOD DI METER VAULT FLOOD Of BUTTLRFLY VALVE VAULT FLOOD MOV 6 FULLY OPEN 6FULLYCLOSEU------ MOV 6 IN' Id EMO'I'L MOV 7 FULLY OPEN, Ki&7 FULLY CLOSED MOV 7 IN REMOTL mov 8 FuLLx-c—)l)L"N i f kvmjI,I,yCLOSL'D_._ MOV 8 FN RIFIN40TH. MOV 9 FULLY OPEN N40V 9 PIJTJA" CLOSED N40V 9 IN RENIOTF MOV I0 FULLY OPEN MOV 10 FULLY Cl.()SED 10 IN R FMOTF I I FULLY OPEN ii PULLYCLOSED VALVE OPEN City of S" A 16-105 D1 DI DI DI DI DI DI DI DI DI DI DI DI Dt LAL-I IOA —j YA-1700 I I ­­- - .0WWA-rFR-cu-r0-FF CI-2 ANM.YzER FAIL, SPARE DI Di Q'I SPARE D1 SPARE DI SPARE DI SPARE DI SPARE DI slwkf! SPARE SPARE SPARE SPARE SPARE SPARE SPARE D1 Di D1 Df IN DI Di DI SPARE D1 SPARE DI SPARE SPARE DI DO HS-150A PUMP 2 CALL DO HS -10A PUNIP 3 CALL DO HS- 130A^— PIMP 4 CALL DO HS-120A PlAvTP 5 CALL LALL- I OTA— RFSERVOTR LOW LOW LEVEL DO PAH-172A DISCHARCTF HIM PRESSURE Do YL-172A VFD-1 LEAD DO YL-172A VFD-2 LEAD DO YL-1 72C MANUAL PRESSURE, SET POINT DO F-- zS,-, 6- -102A MOV 6 OPEN COMMAND DO ZSC-102A N40V 6 FULLY CLOSED Do -Z-S—O - —10j�k­ MOV 7 OPEN COMMAND DO 1SC-103A MOV 7 FULLY CLOSED DO 7SO-104A 8 OPEN COMMAND DO -MOV 7SC --404A MOV 8 FULLY CLOSED --DO ZS(')- I 05A V 9 0 P HN C 0 NVA A N 1) 7SC-105A MAOV9 FULLY CLOSED 7S0-I I IA MOV 10 OPEN COMMAND _ 7SC-1 I I A 19i7V 10 FULLY Cl..OSED ZSO- I 12A MOV I I OPEN COMMAND ZSC- 112A MOV I I FULLY CLOSED SPARE SPARE SPARE SPARE SPARE DO -DO DO DO DO DO DO DO DO DO r)o City or Santa Ana RFP 15.105 25F.'60 SI-160A S1- I 50A Ff- 174A PI -172A LI -_ —,()21 — PK-172K Al-170A SK-160A SK-150A PUMP I Pulml) I PUMP I SPEED FEEDBACK PUMP 2 SPEED FEEDBACK —STATION FLOW STATION PRESSURE F F S FWV 0 1 R L L V13, L MANUAL PRESSURE SEITOINT CI-2 RESIDUAL SPARE SPARE SPARE PUMP I SPEED COMMAND PUMP SPEED COMMAND SPARE SPARE VAI = Virtual Analog Input VAO – Virtual Analog Output VDf -- Virtual Digital Input VDO – Vidual Digital Output VI = Virtual illtOgCr iflPLIt VDI VDI PUMP I MOTOR OVERLOAD V01 PUMP f PHASE LOSS VDI - - --- —Pu mp I WARNfN(r, DRI V E 0 V ER T EM P ERAT (TR E VDI PUMP I ALARM RESET VDI PUMP 2 READY VDT PUMP 2 EARTH FAULT VDI Pt W P 2 MOTOR G4ER.I OAD DI Al AI AT Al Al AI AO MY— AO PUMP 2 PHASE LOSS VDI PUMP 2 WARNING, DRIVE OVER TEMPERATURE VDI PUMP 2 ALARM RFSET VDI PUMP 3READY VDI PUMP 3 EARTH FAULT VDI PUMP 3 MOTOR OVERLOAD VDI PUMP 3 PHASH LOSS VDI PUMP 3 WARNING, SSRV OVFR UN-1 P E —IU FU R E VDI PUMP 3 ALARM RESET VDI PUMP 4 RUN VI)f PUMP 4 READY 17L—)t- PUMP 4 EAWFI-I FAULT V DI v J' PUMP 4 MOTOR OVERLOAD City of Santa 26" Ana RFP 15-105 1 PUNIP 4 PHASE LOSS I I PC NIP 4 WARNING, SSRV OVER TEMPERNFURE VDI VD) PUfVIP-5RUN PUMP RFND-N7- VDI PONTP 5 EARTH FAUCI PUMP 4 ALARM RLSET VDT Pt,lK,lP 5 MOTOR OVERLOAD VDI -Pil-mp 5 PFASF LOSS VDI PUMP 5 WARNWO, SSRV OVLRTLMPI.:RA-FURE VDI PUNIP 5 ALARM VDI FACILITY POWER, OVER ClJRRENT WARKfKCFALX7R—lM VDI FACILITY POWER, OVER CURRENT ALAWN-1—'VDI FACILITY POWER, UNDER VOLTAGE ALARM VDI FACIL[ YY POWER. PHASE VOLTAGE UNBALANCE VDI ALARM _VD —I--- TA—F—LITY PC)TVff-R-,—(J;Nf)ER FRFQU`EKC—YALARNI WELL 29 IN HAND VDI WELL 29 IN AU, rO WELL 29 RUN WE'LL, 29YOWER FAIL WELL 29 FAIL Cl,2 OFNERATOR PAC I, 62 VFf) FAIL C12 INTRUSION CL2 BYPASS SALT INTRUSION SAU]"BYPASS BYPASS VALVE E NOT 100% CLOSED MWD VALVE IN LOCAL. .11%", (tA] 111' llA 111'1-11 MWD VAULT11,00DED WELL 29 START/STOP VDI VDI VDI VDI VDI VDI VD VDI VDI- VDI VDI City oI � —VP '15 Wn-i-.;lna -105 261142 MWD VALVE OPLN COMMAND VDO MWD VALVE CLOSE COMMAND VDO NMI) ENABLE V"() BYPASS VALVE OPI-.,,N COMMAND --6Vr)kS.9 VALVE CLOSE COMMAND VDb BYPASS VALVE RNABLE VDO SPARE VDO SPARE VDO CL2TANK I.JTVFL VE POSITION N4WD FLOW MWD PRESSURE BYPASS VALVE POSITION BYPASS VALVE FLOW -WELL N-F—LOW SPARE - SPARE NAvb-pilow SPARE VA P V 'Al Al VAI VAI VAI. VAt VAI VAO VAO END OF SECTION of -Santa Ana RFP 15-105 HIM APPENDIX ATTACkIMEN7' 3 -1: NON-COLLUSION AFFIDAVIT CERTiFIC'AT1nNS CITY Ole SANTA ANA REQUEST FOR PROPOSALS 1- {ill. WALNUT PUMP STATION C71'L^'•i1ATIONAL PLAN AND SYSTEM TESTING IWP NO.: 15 -105 NON- C()I.I.I Sl0N AfTIDANIT Cutts 23 United States Code Section 1 12 and Public Coawwt Code 5cction 71061 T'o the C.1-fY or SANTA ANA L)HP,AR'i'trIUNT C)f PUBLIC WORKS In accondance wiih •Title. 23 United Swes Oide. Section 112 acrd iruhhc, C'ontzact Code 'l 06 the BIDDER. declares that the hid is not made in the interest of, or on behalf or, any undisclosed person, parmaship, company, association, orsrrnirnliou, or corporation; thin the laid is guanine and not collusive or sham; that 11w BIDDER has riot directly or indirectly inducted or solicited any other BIDDER to .put in it false or sham bid, and has nor directly of indireelly colluded, con;,pirul, connived or agocd with any BFLat1hR or anyone else to ptil in a sltatn bid, or that anyone shall refrain from bidding; that the BIDDER has not in any ntanner, dircv:tiy or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix my overhead, profit, or cast element of the hid price, or of that of any other 13[1)DER, (it' to secure any advantage against the public booty awvartling the eontruct of anyone interested in the proposed contract: that all statertionts eoin alvicd in the bid ire true; 'and, fInTher, that the Bf1)F)TR has not, dircetly err indirmly, a,ubndlted his or her hid price or any hn�mkdown them', or the consents therwC, or divulged information or data relative, thereto, or paid, tine) will not pay, any fee to any corporation, par'hrciship, compaarty association, 01gartiVACK1 hid depositrotyt, or to any member or £Ygenl. 1'herc'rl 10 effeCILIale as collnSiVe OYSIiarhl hid, Nolte: The above Non- c:ollusion Affidavit 1, pant of the Proposal. Signing this Proposal on floc 6i}_nn1111re pattion tlneceof shltll tnlso c r>srifu9e signatu of Ibis dean- ccfliusion ARrd£awit, BIDDHRS are c titioned Ilia[ making a fake oertikiltion tray subjet:l'the certifier to crituin.al pixnscr. utivm. Signed State of C"alitirrnia County of Subscribed and sworn In (or aflirtned) before me on this -_ __ day of , 2(_, by proved to une on the basis oCsatis lactoay evidonac to be tine persons) who appeared before one. Notary Public Signature Nolrary Public Sent. City of Santa Aria R77,77 2 Ui t4 A PPIrND IN ATTACII1' ENT 3 -2. N[[+�y}N- yC.itiBBYI:NG CERTIFICATION CITY OF SANTA .ANA RE, QUE, STFOR PROPOSALS FOR WALNUT PUMP STATION OPERATIONAL PLAN AND SYSTENT TESTTiNC R P NO_ 15_105 The prospective parierpant eertifim,, by signing and subn>itring [his bid or propra:ad, to the best of his other knowledge and belief, that: I. No federal appropriated funds have been paid or will be paid, by or on bclalf oClhc undersigucxl, to any person lbr influencing. or allcmpting to influence an officer or employee oCiny federal ngency, a Member of Congress, an officer or employee oiCoagruss, or an employee of a Member of Congress hi cotnxuction wilh the awarding of tiny tideral contrast, tile making of any Went gunnt, [lie making of any federal loan, [lie entering into of any and lheextension, continuation, renewal, amendment, or modification orany federal contrac4, grant, loam, or coopondivc afmcerncnt. I If any fiends other dawn federal appropriated, funds have been paid or will be paid to any person for iutiuencing car uttcrvrpking to in€lrreus;e nttY' nflicer en° employee of nrry fedeml agecccy, a Polenaber of C"ongiress, an o Ificer or employee of Congress, or an cnsploycc of a htemher of Congress ill corxneauou with this tedeinl cortl.racl, gratrt lottn, lartra or cnnpetntive agreenresrB, theunilersigncd shall enstrplwnc and srrl7rnrit a ` "L)isclosurc o f lobby i ng Activities ". This certification is a material rcpresentafion of fact upon which reliance was placed when this transactio=n was made or entered Into. Submis non of this certification is a prerequisite for making or entering into this transaotion imposed by Section 1 352, Title 31, U S. Code. ltrty person who .fails to file tile required. certification shall he subject to a civil penalty of not less than S 10,000 and not more Chan S1 00,000 for caelt such fitilure. The prospective particlpant also agnecas by submitting! his or her bid or proposal that he ur she shaft require that the lnn�T.rage of this ccrtifioation be included in nil lower tier subcontracts, which excoxt $100,000 and dint all such cub recipients shall certify and disclose accordingly, Firm. Signed and Printed Name: Title Date — -- City of Srran_ ta Ana R P 16 -105 AWACIIlV rNT 3 -3 APPENDIX NON - DISCRIMINATION CERTIFICATION C "_ERTlFICATIONS CI'I I'OF SANTA ANA REi; UESl' la OR PROPOSALS FOR Tat ALINL:T PUMP STAFION OPERATIONAL PLAN AND SYSTEM "TESTING REP NO.: B-105 The undersigned consultant or corporate ol'ticer, during the performance of this contract, ccrtifacs as t4> €lo%vs: L The Consultant shall not discriminate against any employee or applicant for crnploymem because of race, color, religion, sea., or rational origin. The Consultant shall ttake uliirrnative 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 fi,allowing: employment, upgrading, demotion, or transfer: recruitment or recruitmem advertising; layoff or termination: rates of pay or Other forms of compensation; and selection Parr draining, including apprenticeship. The Consultant ngree,s to post ire conspicuous places, availuble to employees surd applicants for employment, notices to be ,provided setting forth the provisions of this nondiscrimination clause. 1 The Consultant shall, in till soticitations or advertisements for° employees placed by or oil behalf of the C`onstdtant, state that all qualified applicant% will receive corrsiderolion for employment without regard to race, color, religion, sex, or national origin. 1 Tire Consultant shall sent/ 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` roprescntatives of the Consu1tWIC eornmitmearts under this section. and shall post copies of the notice In conspicuous; plracew available to employees and applicants for employment. 4. The Consultant shall comply with all provisions crf ExtcutiVe Order 11246 of Sepleniber 24, 1965, and of the rules, regututions, and relevant orders or the seeretury of L obor, 5. The Consultant shall furnish all informrtiom and reports required by Executive Order 1 1246 of September 24, 1965, acid by rules, regulations, and orders of the Sucretrrry of Labor, or pursuant thereto, and will permit access to his /her books, records, and account,, by the administering agency and the Secretary of Labor lice purposes of investigation, In ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consul'tant's non- compliance with the nondiscrimination clauses of this contract or with oily of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part aril the Consultant may be declared ineligible for farther Government contracts m• f"ederarlly assisted construction contracts in accordance with procedures authorized in Execauticrn Order 11246 of September 24, 1965, and such outer sanctions may be imposer/ and remedies invoked as provided in Executive Order 11246 of September tat, '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 (I) and the provisions of paragraphs (1) through, (7) in every subcontract or purchase order unloss exempted by odes, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 oi' Executive Order 11246 of Cdty of Santa Ana RFF 15-105 26'-lt September 24, 1965, 5e ihnt sudh provisions wit] be binding upon each subcontract or purchase order as the administering agency anay direct as means of enforcing such provisions, including sanctions liar noncompliance, provided, 'however, drat in the want the Consultant becomes, invotved in, or is threatened with. litigation with a subconsrdtant or vendor as a result of sach direction by the administering agency, the Consultauat may request that the United States enter into such litigation to protect the interests of the United statc;s. K Pursuant to calilbrilia labor Code Section 1735, as added by Chapter 643 5tats. 1939, and as amended, No discrimination shrill be made in the employment of pevgoa"s upon pablic works because of race, religious creed, color, national origin, ancestry, physicaal handicaps, mental condition, marital stahis, or Sex of suoh persons, except as provided in Section 14,20, and any caneuttant- of publio works violating this soction is subject to all the penalties imposed tin- a viobition of the Chapter. Signed: Title: Firm: Date: City of Santa 15 -105 � 251 -58 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 20TH day of January 2016, by and between Enterprise Automation Inc. ( "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 providing an operational plan and system testing services for the Walnut Pump Station. B. For this purpose, the City issued A Request for Proposal dated October 8, 2015, No. 15 -015, by which the City invited proposals for the Project. Following evaluation by the City of all the proposals that were submitted, Consultant was selected to complete the project. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in the Exhibit A and incorporated by reference 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 and incorporated by reference to this Agreement. The total sum to be expended under this Agreement shall be Two Hundred and Thirty Three Thousand and Nine Hundred and Twenty Three Dollars ($233,923.00) during the term of this Agreement. b. A contingency of fifteen percent (15 %) shall be available, at the discretion of the Executive Director of Public Works, for services that are currently not anticipated, but may be required to complete the Project. Consultant shall provide clear documentation evidencing the need for any contingency costs, subject to prior approval by the Executive Director of Public Works. This agreement is thus subject to a total not to exceed shun of Two Hundred and Sixty Nine Thousand and Twelve Dollars ($269,012,00) during the term of this Agreement. Exhibit 2 Page 1 of 8 251 -59 c. Payinent by City shall be made within forty -five days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of perfonnance set forth in the Recitals which may reasonably be expected by City. 3. TERM The term of this Agreement shall commence on the date first written above and terminate on January 31, 2019, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for an additional one (1) year period 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 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 its 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 docurnents 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 & 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 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 Page 2 of 8 251 -60 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 negligent operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amormts 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) naive 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. 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 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. 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 vrith $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 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. (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 fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to 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. Page 3 of 8 251 -61 7. INDDEMNIFICATION 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 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 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 terns 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 §2782.8, the above indemnity shall be limited, to the extent required by Civil Code §2782.8, to claims that arise 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 comaection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred sunder 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 under 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, docurnents, 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. Page 4 of 8 251 -62 10. CONFIDENTIALITY If Consultant received 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 Infornlation" 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 and disclosed 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 interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 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, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714- 647 -6956 With courtesy copies to: Fred Mousavipour Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, CA 92702 Fax 714 -647 -5622 Page 5 of 8 251 -63 And City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, CA 92702 Fax (714) 647 -6515 To Consultant: Enterprise Automation 210 Goddard Irvine, CA 92618 Office 949- 769 -6000 www. e�r, 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 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. A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND .AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 and will serve to fully supersede existing Agreement. 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, that terms or conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, Page 6 of 8 251 -64 promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any patties 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 with thirty (30) days written notice of termination to the Consultant, a. As a condition of such payment, the City may require Consultant to deliver to the City all the 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NON DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, 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 any 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, 17. JURISDICITON - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the teen of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services Page 7 of 8 251 -65 hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature 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 frilly, 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. CITY OF SANTA ANA ATTEST: MARIA. D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney S SANDOVAL ®' C ref Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency DAVID CAVAZOS City Manager CONSULTANT: Enterprise Automation, Inc. By Tax ID# Page 8 of 8 251 -66 EXHIBIT A ENTERPRISE AUTC7MATIUN Nothing Leaves Enterprise Untested Scope of Work Walnut Station IM r ! 4 Enterprise Automation 210 Goddard Irvine CA 92618 USA Tel 949.769 -6000 Fax 949- 769.6005 MM.eaintegratof com Page Number: 1 of 11 251 -67 5 E{NTERP�^,ISE Nothing Leaves Enterprise Untested Enterprise Automation 210 Goddard Irvine CA 92,618 USA Tel 949.769 -6000 Fax 949.769.6005 w eainteoratar- „pg,{p 1,00 1 1!4/2015 Initial releaso -` -,--SOP Table of Contents Scopeof Work ............................................................................................ ............................... 1 1 Proposal Background.. ............................ _ ............................... .................. ......... ............ 3 2 Project Goals... ............. .................. ............................ ........ ............................................ 3 3 Project Approach ................................................................................. ............................... 4 4 Scope of Work ..................................................................................... ............................... 4 4.1 Initiation and Management ............................................................. ..............................4 4.1.1 Kick -off meeting ..................................................................... ............................... 4 4.1.2 Project schedule...... ................ ...... .............................................. ................... 5 4.1.3 City check -in meetings ........................................................... ............................... 5 4.2 Site audit. ..... .................... ................................. ......... .......... ........... 421 Facility inspection ........................................... ............................... 4.2.2 Technical Memorandum ................................. ............................... 4.2.3 Instrument database ....................................... ............................... 4.2.4 1/0 and communications database .................. ............................... 4.3 Site Operations Assessment .................................. ............................... 4.3.1 Site Operation's workshops ............................ ............................... 4.4 Plan & Specification Review .................................. ............................... 4.5 Functional Specification Development ................... ............................... 4.6 FAT /SAT Protocol Development Support ..... ........... ............................... 4.7 FAT /SAT Protocol Observation .............................. ............................... 4.8 Commissioning Support .... ..... ......... . ... ... ......... . .... .. ...... 1.1 .... .... ..... .....,.,. 4.9 Programming Guidelines and Procedure Development ......................... 4.9.1 General PLC Standards .................................. ............................... 4.9.2 PLC code modules and data structures .......... ............................... 4.9.3 HMI Standards ................................................ ............................... 4.10 As- needed Operational and Programming Support ............................... 5 Equipment .... ......................... ........... ... ............ .... . ......... I... I .... .......... .... .... .... 6 Terms ........................................................................... ............................... .................... 5 ..................1. 5 .................... 6 .................... 6 .................... 6 .................... 6 ................ 7 .................... 7 7 8 .....10 .......10 .......11 Gtl4tomaY: City of Santa Ana Effective Date: 11/Od/20i5 [ Revision: 1.00 Pape Number: 2 of 11 filename: FA1SSSA,085 SCOPE Walnut pump Station 100_ 251 -68 ENTERPRISE AUTOMATION Nothing Leaves Enterprise Untested Enterprise Automation 210 Goddard Irvine CA 92618 USA Tel 949- 769.6000 Fax 949- 769 -6005 `^ww gaiinjagrator com This scope document is in response to the City of Santa Ana's RFP 15 -015. The goals and scope described in subsequent chapters have been derived from a variety of different sources, namely: 1. The scope of work described in RFP 15 -105 2. Enterprise Automation's previous experience working with the City's water team 3. Enterprise Automation's application of industry best practices as they apply to the Walnut Pump station upgrade This scope of work expands on the requirements of RFP 15 -015, describing the specific activities and work flow that Enterprise Automation will use to perform the project, and clarifies a number of ambiguities in the RFP documents. Any additional work not requested in the RFP scope that EA believes is necessary and has been included will be noted. Any exceptions or clarifications to the RFP scope will be noted. Project Goals The primary project goals are to: 1. Act as the owners' Engineer for the automation related elements of the Walnut Pump Station Upgrade as defined by the RFP 2. Develop recommendations for City consideration for the Walnut Pump Station Upgrade, both control equipment and operational related 3. Develop standards for the use by the Walnut Pump Station Upgrade PCS Integrator and all future City automation upgrades 4. Ensure that the Walnut Pump Station Upgrade PCS Integrator is held accountable to: a. The control narrative developed for the facility b. The standards developed for the PLC and HMI c. The FAT protocols developed for the facility d. The SAT protocols developed for the facility 5. Ensure that the finished control system at the Walnut Pump Station performs as required by the City, complete with as -built documentation Revislom 1.00 251 -69 Effective Date: 11104/: Page Number: 3 of 11 4E,NTQRIIRISE_ A UTOMATION Nothing Leaves Enterprise Untested !k • t ! R. i Our project approach is designed to: Enterprise Automation 210 Goddard Irvine CA 92618 USA To( 949- 769 -6000 Fax 949- 769 -6005 w� eamtegLstq,r,(nm 1. Maximize client engagement at all necessary levels (operations, maintenance, and management) to ensure that the project deliverables meet the needs of user base 2. Coordinate directly with the PCS Integrator and General Contractor to ensure that all project standards and test methods are implemented 3. Specify and test everything, where possible and practical, prior to site deployment to reduce the probability of rework being necessary in the field This section outlines the scope of work in the same order as presented in the RPP and EA's cost proposal. The sub - sections presented here generally follow the chronological order of the project. 4.1 Initiation and Management EA will provide a project manager who will be the main point of contact for the City. This will help ensure accurate and effective communications and decisions. The PM will perform all commercial, budget, and project tracking related updates through the life of the project. The labor estimate for project management is the initiation phase plus a fixed percentage of all other engineering hours (as shown in the estimate). Key Project Management Activities are: 1. Point of contact 2. Project scheduling 3. Project status tracking (daily /weekly) 4. Project status communication to the City 5, Project Invoices and tracking report (monthly) 6. Project coordination 4.1.1 Kick -off meeting EA will prepare for and attend a half day kick -off meeting with City staff. As a minimum, the project manager and the project's lead engineer will be in attendance. The goals of the meeting are: . .._...... — — i Customer: Cary of Sanka Ana Effacbve nat ©: 1 II04l2015 � Revision 1,00 face Number: 4 of 11 Filename: EA15SSA085 SCOPE Walnut pump station 100 251 -70 + ENTERPRISI' AUTOMATION Nothing Leaves Enterprise Untested Enterprise Automation 210 Goddard Irvine CA 92618 USA Tel 949- 769 -6000 Fax 949- 769 -6005 www ealntepretor com 1. For City and EA staff to meet and conduct introductions 2. Review the project scope 3. Review the project implementation process 4.1.2 Project schedule The PM will develop a project schedule which will be submitted in electronic (pdf) format. The PM will periodically update the schedule and publish revised versions, up to the point that a majority of schedule risk leading up to commissioning has been mitigated. 4.1 .3 City check -in meetings The PM and a key technical resource from EA will perform monthly check -in teleconferences with the City and provide meeting minutes. k � 4,2.1 Facility Inspection As required by the RFP scope, EA will inspect and document the condition of the controls at the existing facility and catalog the existing controls hardware. An allowance of two 8 hour days for 2 EA engineers has been provided. 422 Technical Memorandum EA will then prepare a technical memorandum containing the following information: 1. An evaluation of the condition of the existing controls equipment 2. Recommendations for enhancements to existing controls 3. Recommendations to standardize controls hardware across the City Once complete, EA will submit the memorandum to the City for review. To ensure the City's complete understanding of the memorandum, EA will conduct a half day workshop with the City to review, explain, and discuss the contents as necessary. We believe that the City's understanding of the memorandum will be rapidly advanced by this additional workshop. [This is additional scope added by EA]. Following the workshop and receipt of the City's review comments, EA will update the documentation per City comments. Revision: 1 -00 251 -71 Page Number: 5 of 1 M ENTERPRISE AUTOMATION Nothing Leaves Enterprise Untested 423 Instrument database Enterprise Automation 210 Goddard Irvine CA 92618 USA Tel 949- 769 -6000 Fax 949- 769 -6005 w .eaintenrator.com EA will compile an instrument database in Excel format with a field structure as agreed between EA and the City. Once complete, EA will submit the instrument database to the City for review. Following receipt of the City's review comments, EA will update the documentation per City comments. 424 1/0 and communications database M EA will compile an 1/0 and communications database in Excel format with a field structure as agreed between EA and the City. The RFP scope calls for a database that can easily be integrated with an SOL database. Without further definition this requirement is difficult to estimate, therefore an Excel file will be used which will provide the City with options that can be pursued at a later time. Once complete, EA will submit the 1/0 and communications database to the City for review. Following receipt of the City's review comments, EA will update the documentation per City comments. Site Operations Assessment Site Operation's workshops The intent of the site operations workshops is clear from the RFP scope. Following the five 4 hour workshops with the City, which will be attended by two EA Engineers, a site operations technical memorandum will be developed that documents: 1. The City's existing operational procedures 2. Recommendations for improved practices and procedures Additionally, EA sees a clear benefit to expanding the scope to include the following information at this early stage of the project: 1. Document the PLC equipment functionality preferred by the City 2. Document the HMI screen features preferred by the City To achieve this, EA will prepare examples of EA standards and documentation for discussion at the site operations workshops, and incorporate the City's preferences into the technical memorandum as indicated above. Revision: 1.00 Filename: EA I5SSA085 SCOPE Wainutpump staUOn 100 .. _ _. _.. 251 -72 Effective bale. ti104120 iti Pago Number: 6 of 11 I NTERPRISE AUTOMATI ©N Nothing Leaves Enterprise Untested Enterprise Automation 210 Goddard Irvine CA 92618 USA Tel 949 - 769 -6000 Fax 949 -769 -6006 vemv,ealntearator M The value of gathering this Information during these early workshops is that it will heavily influence the functionality of controls system programming standards described later in this document. [This is additional scope added by EA]. Once complete, EA will submit the memorandum to the City for review. To ensure the City's complete understanding of the memorandum, EA will conduct a full day workshop with the City to review, explain, and discuss the contents as necessary. We believe that the City's understanding of the memorandum will be rapidly advanced by this additional workshop. [This is additional scope added by EA]. Following the workshop and receipt of the City's review comments, EA will update the documentation per City comments. EA has an allowance of 40 hours to review plans and specifications, and some additional time to provide the city with comments on any significant anomalies found. EA expects that the plans and specification will be at an advanced stage of development and of satisfactory quality. EA will develop a functional specification as required by the RFP scope which will substantially conform to the standard functional specification format developed by EA for the EAST pumps station and SA -5 projects. Once complete, EA will submit the specification to the City for review. To ensure the City's complete understanding of the specification, EA will conduct a full day workshop with the City to review, explain, and discuss the contents as necessary. We believe that the City's understanding of the specification will be rapidly advanced by this additional workshop. [This is additional scope added by EA]. Following the workshop and receipt of the City's review Comments, EA will update the documentation per City comments. 4.6 FATISAT protocol Development Support As per the RFP scope, EA has provided an allowance of 80 hours to coordinate with the PCS integrator and develop comprehensive FAT and FAT test procedures. The format of the FAT and SAT documentation will be based on the formats developed by EA for the EAST Pump Station project. The FAT and the SAT test procedures will be submitted to the City for review and updated as per City comments within the 80 hour allowance. Revision: 1.00. Page Number: 7 of 19 251 -73 AUTOMATION Nothing Leaves Enterprise Untested Enterprise Automation 210 Goddard Wine CA 92618 USA Te1949 -769 -6000 Fax949- 769.6005 W eamtegratoLQQm After reviewing the RFP scope EA as concluded that the City intends FAT documentation to be developed for the only the control system testing, and does not include FAT documentation for the physical PLC panel checkout. EA strongly recommends that the FAT documentation is also prepared for the physical PLC panel checkout. Although EA's cost proposal shows development of panel FAT documentation, it is likely that the 80 hours allocated to this task will not accommodate the additional effort required and that the amount will have to be increased. As per the RFP scope, EA has provided an allowance of 40 hours to oversee the PCS integrator's FAT and 60 hours to oversee the PCS integrator's SAT testing and ensure they are in compliance with the FAT and SAT protocols developed for the project. EA will scan and submit the completed FAT and the SAT test procedures results once testing is completed. After reviewing the RFP scope EA has concluded that the City intends that only the control system testing will be monitored by EA, and oversight of the physical PLC panel checkout is not included. EA strongly recommends that EA provides oversight of the physical PLC panel checkout. Although EA's cost proposal shows oversight of the physical PLC panel checkout, it is likely that the 40 hours allocated to this task will not accommodate the additional effort required and that the amount will have to be increased. For both the physical PLC panel FAT and the control system FAT, EA has assumed that the location of testing will be local to the orange county region. 4,8 Commissioning Support As per the RFP scope, EA has provided an allowance of 60 hours to assist the Contractor and the PCS integrator with commissioning /startup of the facility. EA will scan and submit the resulting commissioning test procedures results once startup is competed completed. EA expects the SAT phase to commence immediately after commissioning /startup has been completed. 4,91 General PLC Standards EA will develop the following general PLC standards based on outcomes of the site operations workshops performed early in the project: 1. Tag naming convention standards Revision: 1.00 Page Number: 8 of 11 251 -74 Mee AUTOMATION Nothing Leaves Enterprise Untested Enterprise Automation 210 Goddard Irvine CA 92618 USA Tel 949- 769 -6000 Fax 949 -769 -6005 ¢mow. eal ntonrator:00m a. 1/0 naming conventions b. Internal PLC variable naming conventions 2. User security standards 3. PLC code commenting standards 4. Software backup standards (possibly recommending a formal source control system with check -In /check -out functionality) 4.9.2 PLC code modules and data structures EA will also develop and document the following PLC code module standards and associated data structures based on outcomes of the site operations workshops performed early in the project: 1: Digital input 2. Analog input 3. Analog output 4. Pump (DOL) 5. Pump (RVSS) 6. Pump(VFD) 7. Valve (open /close) 8. Valve (modulating) 9. PID controller 10. Intrusion control 11. Electrical energy monitoring 12. Communications module These code modules will be fully functional and compatible with the existing Dynac SCADA system. Following development, EA will develop test documentation and subsequently test each code module to ensure they are ready for handover to the PCS Integrator. It is likely, and more to the point beneficial that the PCS Integrator will need training on the use of these standards, however EA has not provided for this scope. Revision: 251 -75 Page Number 9 of 11 ENTERPRISE AUTOMATION Nothing Leaves Enterprise Untested Enterprise Automation 210 Goddard Irvine CA. 92616 USA Tel 949- 769 -6000 Fax 949- 769.6005 a ealrtegratorconn 4.9.3 HMI Standards EA will also develop and document the following HMI screen standards for the field based HMI panels (Dynac excluded) based on outcomes of the site operations workshops performed early in the project: 1. Basic screen template (Ind navigation methods 2. Screen layout guidelines 3. Pop -ups 4. Icons for equipment 5. Color standards 6. Screen navigation flow 7. User input (via mouse, keypad, touch) 8. Communications protocols 9. Alarm logs 10. Event logs 11. Trend layouts 12. Tag numbering 13. Equipment descriptions Once complete, EA will submit the standards to the City for review. To ensure the City's complete understanding of the standards, EA will conduct a half day workshop with the City to review, explain, and discuss the contents as necessary. We believe that the City's understanding of the standards will be rapidly advanced by this additional workshop. [This is additional scope added by EA]. Following the workshop and receipt of the City's review comments, EA will update the documentation per City comments. It is likely, and more to the point beneficial that the PCS Integrator will need training on the use of these standards, however EA has not provided for this scope. f �.. • + MEONEMEMEMMEM= As per the RFP scope, EA has provided an allowance of 60 hours to assist the City with misc operational and programming support for any City facility on an as- needed basis. Revislon: 1.00 Page Number- 'la of I I 251 -76 ENTERPRISE AUTOMATION Nothing Leaves Enterprise Untested i r Enterprise Automation 210 Goddard Irvine CA 92618 USA Tel 949.769 -6000 Fax 949.769 -6005 www.eaintearator oom No equipment or software licenses have been included with this proposal. DOMENOTTIM Monthly progress claims based on hours completed. Payment terms Net 30 days. Revision, L00 Page Number: 251 -77 f IR" EXHIBIT B RFP NO, 15 -145 WALNUT PUMP STATION OPERATIONAL PLAN AND SYSTEM TESTING FEE PROPOSAL 251 -78 RFP NO, 15.105 WALNUT PUMP STATION OPERATIONAL PLAN AND SYSTEM TESTING FEEPROPOSAL 251 -79 N RI W 251 -80 G N _yam O m G O F N a 6 S w hi N O M M1; I';N CL Iqr,, M. 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N 7 0 L L M fp N .0 C ° N � C co N 'C b 4 CN d p O c A Cn r N N u � fA fi3 to 613 f 6s fl 0 o c O C •ini L L L 1.. L. L w C C(D N OD co o O ,C f9 ff3 FF} E3 t{Y � fPr W Q) N L N M W U w U C C p C O yUy Q '6 0- U) .J LL 4L U Q sapy 6ugra�ur c� N L N G E? I 6l �) .2 .L O N � N N � d tt3 � 0Y m Q °Ci a. ro M (N L N 6 Qy1 �J m a L C. N 7 L fp N C ° N � C co N 'C b 4 CN d p O c A Cn N s N N u N ZZ as 0 o c CL (6 N L N is 'N "0 ° L N a) m N N C C Q N N C ca C N N N V C E m °- ¢ u C ° N U N N a Q. p � C rt @ ,4: .e., N N CU b co C m 'o C C 6 N 7 ° ° N C7, N N N N N (tl (C N -0 7 (J L p N 3J N N U U ° w v) to h 6 s/reo 00snaag OtuoPOAO pp REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: 2015 -2016 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT (STRATEGIC PLAN NO. 5) CITY MANAGE CLERK OF COUNCIL USE ONLY: :Y7.:0 ", ❑ As Recommended ❑ As Amended ❑ Ordinance on 1® Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a Substantial Amendment to the 2015 -2016 Annual Action Plan for the reallocation of HOME Investment Partnership Grant and Community Development Block Grant funds, and authorize its submission to the U.S. Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting of January 13, 2016, by a vote of 4:0 (Gomez absent), the Community Redevelopment and Housing Commission conducted a public hearing and recommended that the City Council approve a Substantial Amendment to the 2015 -2016 Annual Action Plan for the reallocation of HOME Investment Partnership Grant and Community Development Block Grant funds, and authorize its submission to the U.S. Department of Housing and Urban Development. DISCUSSION In May 2015, the City submitted an Annual Action Plan for fiscal year 2015 -2016 to the U.S. Department of Housing and Urban Development (HUD). The Annual Action Plan is the document whereby the City formally applies to HUD for the annual federal grant allocations and describes how those grant funds will be utilized. Since the approval of the Annual Action Plan, a new HOME rental housing project, and two new Community Development Block Grant (CDBG) eligible park improvement projects have been identified. Rental Housing Project The Santa Ana Arts Collective rental housing project will utilize HOME funds in an amount up to $2,779,282, which includes City administrative costs and project loan to undertake construction of new affordable housing located at 1666 N. Main Street (Exhibit 1). On November 3, 2015 City Council awarded a pre -loan commitment to Meta Housing Corporation for the project. The project will adaptively reuse a late modern five -story office building and site into a community gallery and affordable family development designed for artists of all disciplines. The project will include 37 one - bedroom units, 7 two- bedroom units, and 19 three - bedroom units for a total of 63 affordable rental units. It will also include a community art gallery, an art garden on the ground floor, a maker 29A -1 2016 -2016 Annual Action Plan- Substantial Amendment January 19, 2016 Page 2 space, digital and media lab, music room, performing arts room, and activity programs, This promotes the City's goal of providing long -term affordable housing and meeting the affordable housing goals as identified in the City's Strategic Plan, Housing Element and Consolidated Five - Year Plan. In addition, this substantial amendment for HOME funds may Include future rental housing projects as they are approved by City Council. Park Improvement Projects The 6th and Lacy Street Open Space project will utilize CDBG funds in the amount of $900,000 for the acquisition of 0.42 acres of new open space. The Rant and Myrtle Street Open Space project will utilize $843,000 for the acquisition of 1,09 acres of open space (Exhibit 2). On November 17, 2015 City Council directed staff to move forward with the administrative process required to acquire real properties to provide for new open space using CDBG funds. These projects would add an additional 1,51 acres of park space to low and moderate - income areas of Santa Ana. This promotes the City's goals of providing Increased open space In the City's Strategic Plan and public facilities /Infrastructure improvements in the City's Consolidated Five - Year Plan, The rental housing and park improvement projects described above were not previously identified In the 2015 -2016 Annual Action Plan, and a Substantial Amendment to the Plan (Exhibit 3) is needed to reallocate and recognize funding for these projects. Legal notice for this CDBG and HOME substantial amendment was published in the Orange County Register, La Opinion, and Nguoi Viet News on December 14, 2015. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5, (Community Health, Livability, Engagement and Sustalnability). FISCAL IMPACT There is no fiscal impact associated with this action, K K Ily R�en ers Executive I rector Community Development Agency :1311 » ►UMi Exhibits; 1. 1666 N. Main Street Location Map 2. 6th /Lacy Street and Raitt /Myrtle Street Open Space Location Maps 3. 2015 -2016 Annual Action Plan Substantial Amendment Draft 29A -2 1666 NORTH MAIN STREET Location Map Q I_._J FE 51 NAL u COMMERCIAL 17TH STREET COJ a W < —2 3 0 LU O W u J v W LU LU u LU LU w cc: cc: F- F- I— U-) < U') V) < < 16TH STREET 0 u m comm. LU < u 0 2 0 < 0 Ln 0 :D EOU 15TH STREET F F=]F� 29A-3 EXHIBIT 1 EXHIBIT 1 6 l / Lacy Street and Raitt /Myrtle Open Space Locaton Maps orn ana LUCY arreer wu IPP a E 6th 5t E 6th St E 6th St 1 2 3 z ---7th St A5t n° N j Myrtle ona Haitt Street 1) 710E 6TH STREET 2) 714E 6TH STREET 3) 720E 6TH STREET 4) 41S S RAITT ST 5) 423 S RAITT ST EXHIBIT 2 29A -4 2015/16. 2019/20 CITY OF SANTA ANA CONSOLIDATED PLAN I SUBSTANTIAL AMENDMENT TO THE 2015/16 ACTION PLAN TABLE OF CONTENTS PAGE Introduction....................... ............................... .............................2 Amendments................................................................................................ ..............................3 CitizenParticipation ..................................................................................... ..............................3 Exhibits Exhibit 1- Public Hearing Notice /Summary of Comments and Responses ... ..............................4 Exhibit 2- Proposed Activities ....................................................................... ..............................7 12/14/2015 1 SUBSTANTIAL AMEN DM ENT TO THE 2015.2016 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT TO THE ! 2015/16- 2019/20 CITY OF SANTA ANA CONSOLIDATED PLAN 2015/16 ACTION PLAN SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2015 -2016 ACTION PLAN INTRODUCTION This document is a Substantial Amendment to the City of Santa Ana's Fiscal Year 2015 -16 Annual Action Plan, which was submitted to the U.S. Department of Housing and Urban Development (HUD) on May 15, 2015. Title 24 Section 91.505 of the Code of Federal Regulations stipulates that participating jurisdictions shall amend their approved plans whenever they make one of the following decisions: 1. To make a change in its allocation priorities or a change in the method of distribution of funds; 2. To carry out an activity, using funds from any program covered by the Consolidated Plan (including program income) not previously described in the action plan; or 3. To change the purpose, scope, location, or beneficiaries of an activity. The Regulation further requires that jurisdictions identify in their citizen participation plans the criteria they will use for determining what constitutes a substantial amendment. Consistent with these requirements, the Citizen Participation Plan adopted by the City of Santa Ana as a component of its 2015/16 — 2019/20 Consolidated Five Year Plan identifies three criteria that will require a substantial amendment: 1. Changes in the use of CDBG funds from one eligible activity to another; 2. An activity is undertaken that was not previously included in the Consolidated Plan or subsequent action plans. 3. More than 30 percent of the most recent annual federal grant allocation is reallocated to other eligible program activities within the fiscal year. The proposed amendment meets one of these three criteria, and therefore requires a substantial amendment. 01/13/2016 29A -6 SUBSTANTIAL AMENDMENT TO THE 2015 -2016 ANNUAL ACTION PLAN 2015/16- 2019/20 CITY OF SANTA ANA CONSOLIDATED PLAN I SUBSTANTIAL AMENDMENT TO THE 2015/16 ACTION PLAN AMENDMENTS The City is amending the 2014 -2015 Action Plan to include the following projects: • HOME Rental Housing Project Name: HOME Rental Housing Project Description: This project will provide HOME funds to undertake construction of rental housing projects. Estimated Cost: $2,779,282 CDBG Public Facilities and Infrastructure Improvements Project Name: Park Improvements -6th and Lacy Street Open Space Project Description: This project will provide CDBG funds to undertake the acquisition of 0.42 acres of new open space for the purpose of park construction. Estimated Cost: $ 900,000 • CDBG Public Facilities and Infrastructure Improvements Project Name: Park Improvements — Raitt and Myrtle Street Open Space Project Description: This project will provide CDBG funds to undertake the acquisition of 1.09 acres of new open space for the purpose of park construction. Estimated Cost: $ 843,000 The total estimated cost of the substantial amendment is $4,522,282. CITIZEN PARTICIPATION In accordance with 24 CPR 91.105(c)(3) for local governments, the substantial amendment Public Notice for the use of CDBG and HOME funds was released for citizen review and comments on December 14, 2015. During the 30 -day public comment period from December 14, 2015 through January 13, 2016 the Public Notice for the Draft Substantial Amendment was made available during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Friday in the offices of the Community Development Agency, 20 Civic Center Plaza, 6th Floor, Office of the Clerk of the Council, 20 Civic Center Plaza, Room 809, the Main Public Library, 26 Civic Center Plaza, Santa Ana, California and on the city's website. The Community Redevelopment and Housing Commission of the City of Santa Ana will hold a public hearing on January 13, 2016, at 4:30 p.m. at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Following the 30 -day public comment period and public hearing, the City Council of Santa Ana will hear and vote on the Substantial Amendment to the 2015 -16 Action Plan on January 19, 2016. A copy of the public hearing notice is presented in Exhibit 1. A summary of citizen comments received at the public hearing and responses to these citizen comments are presented in Exhibit 1. 01/13/2016 29A -7 SUBSTANTIAL AMENDMENT TO THE 2015-2016 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT TO THE 1 2015/16- 2019/20 CITY OF SANTA ANA CONSOLIDATED PLAN 2015/16 ACTION PLAN EXHIBIT 1 SUMMARY OF PUBLIC COMMENTS 8L PROOF OF PUBLICATION 30 -DAY COMMENT PERIOD AND PUBLIC HEARING SUMMARY OF PUBLIC COMMENTS SUMMARY OF PUBLIC COMMENTS RECEIVED DURING 30 -DAY COMMENT PERIOD AND STAFF RESPONSE No public comments received. 01/13/2016 REDEVELOPMENT & HOUSING COMMISSION PUBLIC HEARING: No public comments received. 01/13/2016 29A -8 SUBSTANTIAL AMENDMENT TO THE 2015 -2016 ANNUAL ACTION PLAN 2015/16- 2019 /20 CITY OF SANTA ANA CONSOLIDATED PLAN I SUBSTANTIAL AMENDMENT TO THE 2015/16 ACTION PLAN THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796 -7000 1 Fax (714) 79 &6059 PROOF OF PUBLICATION (2075.5 0.C.PJ State of California ) County of ORANGE ) ss Notice Type: HRG- NOTICE OF HEARING Ad Description: 201 5-201 6 ACTION PLAN I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or Interested In the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published In the English language In the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as dented by the laws of the State of California by the Superior Court of the County of ORANGE. State of California, under date 11/18/1905, Case No. A21046. That the notice, of which the annexed Is a printed copy, has been published In each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to -wit 12114/2015 Executed on: 12/14/2015 At SANTA ANA,CA t certify (or declare) under penalty or perjury that the foregoing Is true and correct. -- TM1le space rar flung zmmp only CNS #: 2824541 01/13/2016 5 SUBSTANTIAL AM EN DM ENT TO THE 2015 -2016 ANNUAL ACTION PLAN 29A -9 SUBSTANTIAL AMENDMENT TO THE 1 2015/16- 2019/20 CITY OF SANTA ANA CONSOLIDATED PLAN 2015/16 ACTION PLAN 01/13/2016 EXHIBIT 3 PROPOSED ACTIVITIES 29A -10 SUBSTANTIAL AMENDMENT TO THE 2015 -2016 ANNUAL ACTION PLAN Grantee Name: Santa Ana, CA Project Name; IHOME Rental Housing Description: 1 11131 5 Project #: I JU0GCode: ICA63342 SANTA ANA This project will provide HOME funds to undertake construction of rental housing 24 CFR 92.205 (a) (1). Location: (Priority Need Category Select one: Rental Housing Explanation: Expected Completion Date: 6 /3Wb2.Ohive Cateciory Q Decent Housing Q Suitable Living Environment Q Economic Opportunity Specific Objettives,' Outcome Categories 1 Improve access to affordable rental housing V [❑ Availability/Accessibility R Affordability 2 - ~- 3 w ❑ Sustainability w 10 Housing Units w Proposed 11 10 Housing Units C Underway NE Complete ''.',. u H Accompl. Type: ® Accompl. Type: v -- d a _ -_ - o E L 0 D' Accompl. Type: V Accompl. Type: w Q Proposed Outcome Performance Measure Actual Outcome Matrix Codes ,► Matrix Codes r. Matrix Codes v Matrix Codes - "► Matrix Codes V Matrix Codes 01/13/2016 EXHIBIT 3 29A -11 Grantee Name: Santa Ana, CA Project Name: JQtX of Santa Ana - Public Facilities Im -6th and Lac Street Open S ace Description: IDIS Project #: UOG Code: CA63342 SANTA ANA This project will provide CDBG funds to undertake the acquisition of 0.42 acres of new open space for the purpose of park construction. Program qualifies as for Low /Moderate -Area Benefit per 24 CFR 570.208 (a) (1). Location: !: Priority Need Category Southwest corner of 6th Street and Lacy Street. Select one: Public Facilities _,'► Explanation: Expected Completion Date: 6 /3W.Alve Cateoory Q Decent Housing QQ Suitable Living Environment Q Economic Opportunity s Specific Objectives Outcome Categories 1 Improve the services for low /mod Income persons ❑W Availability/Accessibility ❑ Affordability 2 3. ❑ Sustainability vi 11 Public Facilities v Proposed 1 11 Public Facilities '® c Underway" NE Complete +, w Accompl. Type: `► Accompl. Type: N ®. O E L O a u Accvmpl. Type: Accompl. Type: r Proposed Outcome Performance Measure Actual Outcome 03F Parks, Recreational Facilities 570201(c) ® Matrix Codes Matrix Codes IV Matrix Codes *" Matrix Codes w- Matrix Codes '► m CDBG IV I Proposed Amt. $ 900,000 Fund Source: V i R JActual Amount Fund Source: V - Fund Source: w E i '.. Accompl. Type: ''r" - Accompl. Type: IF to O L IL Accompl. Type: yr Accompl. Type: w 01/13/2016 EXHIBIT 3 29A -12 Grantee Name: Santa Ana, CA Project Name: I City of Santa Ana - Public Facilities Imp -Raitt and M rtle Street Open Space Description: YDYS Project #: UOG Code: CA63342 SANTA ANA This project will provide CDBG funds to undertake the acquisition of 1.09 acres of new open space for the purpose of park construction. Program qualifies as for Low /Moderate -Area Benefit per 24 CFR 570.208 (a) (1). Location: '- -Priority Need Category Northeast corner of Raitt Street and Myrtle Street. Select One: Public Facilities �'.. Explanation: Expected Completion Date: 6/3 -06e ive Catecory O Decent Housing Q Suitable Living Environment Q Economic Opportunity Specific 'objectives '• Outcome Categories 1 Improve the services for low /mod income persons �► Availability /Accessibility El Affordability 2 3 ^P Sustainability v, 11 Public Facilities r Proposed 1 11 Public Facilities V _ c - Underway dE Complete 7 Accompl. Type: ♦ Accompl. Type: r U v a o E L C Accompl. Type: ♦' Accompl. Type: yr a Proposed Outcome Performance Measure Actual Outcome 03F Parks, Recreational Facilities 570.201(c) w Matrix Codes w Matrix Codes W Matrix Codes -W Matrix Codes r Matrix Codes M CDBG w Proposed Amt. $ 843,000 Fund Source: V. i O - Actual Amount >- Fund Source: V Fund Source: V E i Accompl. Type: 'If Accompl. Type: '�► Oi O 0. '.. Accompl. Type: '+r 'Accompl. Type: '"/ 01/13/2016 EXHIBIT 3 29A -13 29A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: AUDIO - VISUAL EQUIPMENT AND DEVELOPMENT OF EQUIPMENT RESERVATION PROGRAM FOR COMMUNITY MOVIE EVENTS (STRATEGIC PLAN NO. 5,4) r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 19' Reading ❑ Ordinance on 2 "d Reading �] Implementing Resolution Set Public Hearing For CONTINUED TO Authorize the expenditure of $15,000 for audio - visual equipment and subsequent development of an equipment reservation program, subject to non - substantive changes by the City Manager and City Attorney. DISCUSSION Staff evaluated several options to provide neighborhood associations the ability to host "movie in the park" community movie nights. Such events would be hosted by neighborhood associations or other eligible non - profit entities. Events would be open to the community and no admission fee would be charged to view the movies. The cost for this equipment is $10,000. Additionally, movie licensing fees range from $275 -$375 per movie for a screening of 0 -200 attendees. The City will allocate $5,000 in additional funding to offset the cost of these licensing fees, for miscellaneous equipment, and other related costs to administer the program, bringing the total amount allocated for FY 15/16 to $15,000. An estimated ongoing annual cost of $3,000 would be included in the base budget for subsequent Fiscal Years beginning in FY 16/17. Funding is available due to savings from the redistribution of funds from the HEART program, which received alternative Non - General Fund money. An account will be created to distribute the funds for licensing costs. A separate purchase order or agreement with a licensing company will be developed to accommodate such a process. The proposed process would require the neighborhood association or eligible non - profit entity to collect the signatures of at least one area school principal and one additional neighborhood association, acknowledging that they were invited to participate in the event. If approved, staff will develop a form and process for reserving the equipment. 2913-1 Purchase Audio - Visual Equipment and Development of Equipment Reservation Program for Community Movie Events January 19, 2016 Page 2 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 Funding for this program in the amount of $15,000 is available in the FY 2015 -16 General Non - Departmental account (01105015- 66400). Ongoing yearly expenses of $3,000 will be included in the base budget starting FY 2016 -2017. APPROVED AS TO FUNDS AND ACCOUNTS Pz Fr ncisco Gutierrez Executive Director Finance and Management Services Agency �^ 29B -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2015 -20 TO ALLOW A 60 -FOOT TALL WIRELESS FACILITY FOR VERIZON WIRELESS AT 1029 EAST FOURTH STREET — CORE DEVELOPMENT SERVICES, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 5) CITY MA WAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2015 -20 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on December 14, 2015 by a vote of 5:0 (Alderete absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -20 as conditioned to allow a 60 -foot high wireless facility disguised as a eucalyptus tree at 1029 East Fourth Street located in the Specific Development No. 84 (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Verizon 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 eucalyptus 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 feet by 14 feet for a total of 168 square feet. This enclosure will be located at the rear (north) of the existing building, adjacent to an existing trash enclosure, while the mono - eucalyptus itself will be freestanding outside the equipment enclosure. Two 36 -inch box eucalyptus trees will be planted to the sides (east and west) of the facility. In addition, vines will be planted along the perimeter of the equipment enclosure. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No. 2015 -20 —Wireless Facility at 1029 East Fourth Street January 19, 2016 Page 2 STRATEGIC PLAN ALIGNME Approval of this item supports the City's efforts to meet Goal #3 a Economic Development, Objective #2 (create new opportunities for business /Job growth and encourage private development through new General Plan and Zoning Ordinance policies), and Objective #5 (leverage private Investment that results in talc base expansion and job creation citywide), ..s ®r Hassan Haghanl, AICP Executive Director Planning & Building Agency AP:rb ap\reportaf5tatr Roporta for MOUP10.2® vorlaon Hathaway Monnemae Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action IJi-Jk IZIT1TeXITOUTIET11:3a[+•jmlT� k !• L DECEMBER 14, 2015 TITLE: PUBLIC HEARING - FILED BY CORE DEVELOPMENT SERVICES FOR CONDITIONAL USE PERMIT NO. 2015- 20 TO ALLOW A 60 -FOOT- TALL WIRELESS FACILITY FOR VERIZON WIRELESS AT 1029 EAST FOURTH STREET (STRATEGIC PLAN NOS. 3, 2; 3, 5) Prepared by Ali Pezeshkpo /ur xecutive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Manag r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2015 -20 as conditioned. Request of Applicant Core Development Services, representing Verizon Wireless, is requesting approval of a 60 -foot high wireless facility ( "mono- eucalyptus ") at 1029 East Fourth Street. Major wireless communication facilities require approval of a conditional use permit (CUP) pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project is located on a 1.18 -acre parcel of land located on the north side of Fourth Street at the northern terminus of Breeden Street. The site is currently improved with a restaurant building, surface parking areas, landscaping, perimeter walls, and trash enclosure. The General Plan land use designation for the site is Urban Neighborhood (UN), which allows for commercial land uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is the Transit Zoning Code /Specific Development (SD) No. 84. The Transit Zoning Code contains a land use regulating plan that also allows for commercial uses with ancillary wireless facilities. The proposed use is also consistent with the zoning designation, Land uses surrounding the site include industrial uses to the north, east and west, and a trucking center to the south (Exhibits 1, 2 and 3). Project Description Verizon 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 EXHIBIT A 31A-3 CUP No. 2015 -20 December 14, 2015 Page 2 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 -feet by 14 -feet for a total of 168 square feet. This enclosure will be located at the rear (north) of the existing building, adjacent to an existing trash enclosure, while the mono - eucalyptus itself will be freestanding outside the equipment enclosure. Two 36 -inch box live eucalyptus trees will be installed to the sides (east and west) of the facility to assist with stealthing, with vines planted along the perimeter of the equipment enclosure (Exhibits 4, 5 and 6). Protect Background In April 2015, Core Development Services submitted plans to install a new wireless facility at this location. After a review of the proposal, staff provided feedback to assist the applicant with complying with the minimum SAMC standards for major wireless communication facilities, including the installation of two live trees and vines along the perimeter of the enclosure. The screening and the proposed landscape improvements are designed to comply with the City's standards. The site is owned by De Anda Family Limited Partnership and occupied by Taqueria De Anda, a regional restaurant chain offering Mexican cuisine. The restaurant has been at the subject location since 1997. Taqueria De Anda will be leasing a total of 548 square feet to Verizon for the installation of the facility. Protect Anatvsis 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 Verizon 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. Staff has reviewed the applicant's request to operate a major wireless communication facility at this location. In analyzing the conditional use permit request, staff believes that the following analysis warrants staffs recommendation of approval for the conditional use permit. As part of the development review of the project, staff worked closely with the applicant to identify the appropriate design of the major wireless communication facility and landscape improvements to be required in tandem with the facility and equipment enclosure. These improvements reflect the requirement to screen the facility from view, to provide enhanced landscaping through the planting of vines to deter graffiti, and to minimize the project's overall impacts on the surrounding community. 31A-4 CUP No. 2015 -20 December 14, 2015 Page 3 This location is also optimal to provide the coverage necessary for existing and expanding service. The proposed facility will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Verizon Wireless by expanding cellular and data coverage in the area. 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), Finally, the use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter Al (Zoning Code) of the SAMC. The facility 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 monopole, In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' Impacts. The monopole's location minimizes visual impact on the area and assists with the stealthing of the equipment. 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 adds to the services that are readily available for business owners, workers, and residents in the immediate vicinity. Public Notification The project site is located within the Lacy Neighborhood Association. Staff contacted the president of the association, who did not identify any concerns with the 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. The Section 15303 (Class 3) exemption consists of the construction of small structures. Categorical Exemption Environmental Review No. 2015 -38 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), as well as Objective No. 5 (leverage private investment that results in tax base expansion and job creation citywide). 31A-5 CUP No. 2015 -20 December 14, 2015 Page 4 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015 -20 as conditioned. r Ali Pezeshkpour, AICP Assistant Planner I AP:jm aplreporWStaN Raporl for MCUP15 -20 Verizan Hathaway Monoeuc.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-6 SEVENTEENTH ST. cl CS C2 t"n Ml q-1 SP.3 H2 01 1 M2 UNI TV v R3 TV p TV i it El "gar 's — T S 01 GCD 1,0 .... fflE P SaE K FT� ol N., 0 C uc UN2 < Or Pi DT HT I W uW uxx 0 JN2 JN2 UN2 ruT 1�1 I uml U ' /N2 Lj UNI " N" N2 'T OT UNT i !!!!!d� a RP I IE 'I r-lr-n r-If 1 11 1 1 71 F, RST ST, Al GENEVIAGRCUUUML CR COMMEECAL9.140ENnAL m ONGLEFAMILYFLUDWAL -8 FAWNGM0Dn=0N x C9VEdJM6VTWJTEi m WFAMILYFOUNCE r W 03MMEROAL MUTH MAIN mi UGFMNrXJSfRAL m mwRE EaymmnPLE ol 00MMUNWOWMEMAL M2 HMWINDLISRAL FAMUREEIDENCL Ul.MD OWM CQMMSPCLALlMUSWMDL3lRCT MO MILIAWCMiWNS PA ELKWANAMRIMEN" C2 GENERALCOMMMAL 0 OMENSFAGE FE �DGNTIA-fb7ATE m CRffRAL8J9NEE;9 P FROFESS"t m S-EJllCDeS0PM8NT W CaML9J9NESSoARnSTMlELAGE mD P-ANNE)"MUNJwQW&O WT SP 87MHCRAN G4 PLANNEDSIONINGC94TER m PLANNED F=WALDEBLOPMENT C8 AMMALO)MMOUAL CUP 2015-20 VERIZON HATHAWAY MONO-EUC. Sy 1029 EAST FOURTH STREET 500 FEET 1000 FEET P L A N N I N G A N D 8 U I L 0 1 N G A G E N C Y EXHIBIT I VICINITY MAP 31A-7 h LL, w h C) Lu ee d l7 1 - q 0 2 N '7 N P INDUSTRIAL n I INDUSTRIAL RECYCLING CENTER INDUSTRIAL 4TH INDUSTRIAL ims STREET T 0 U C K CENTIE8 3RD STREET VACANT IND STRIAL I 7.1"I ITC PUBLIC STORAGE S f �I r 0 0 INDUSTRIAL: VERIZON HATHAWAY MONO -EUC. 1029 EAST FOURTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 SANTA ANA ,y REGIONAL ! INDUSTRIAL C, TRANSPORTATION w p CENTER m INDUSTRIAL 9 � "rte i r STREET h r W r INQLS IAL INDUSTRI a H INDUSTRIAL 0 d r — r t•- I— u ,e r N .,... to Z SITE : ims STREET T 0 U C K CENTIE8 3RD STREET VACANT IND STRIAL I 7.1"I ITC PUBLIC STORAGE S f �I r 0 0 INDUSTRIAL: VERIZON HATHAWAY MONO -EUC. 1029 EAST FOURTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 r _ .� ;� ;� �: K... _ . �, Y G °iyyy ,eu 8 55%8 -i; \ '> ZE� i r �l I and it �> s i Am, 1 n!N`i1Tv` P V� Q FT1 x € E 6N 9 2 s i ti c$ � NMI 3y eb�eea �1 App Y tq $ S j gS s' s § � i b 3e �•S C� YES ej FT1 9 2 s i ti c$ � NMI 3y eb�eea �1 App Y tq $ S j gS s' s § � i b 3e �•S C� YES ej a�r� 3 @� a N yJ J TO. ➢ s �§ �, �a�# a 8 :u��i 1 y t 4 it h. I[ a �� 3 _- N A, 1, ._ 3i B sb A3 ciSg�" s, '� 5 ffia �3a € im Mad ask 1 WAX, ZV�f FA DRAW £ 54£ 11 1 sIf� ys g E R Eh' G F 3 C i F" CliN Own! v S SRI @� a N yJ J TO. ➢ s �§ �, �a�# a 8 :u��i 1 y t 4 it h. I[ a �� 3 _- N A, 1, ._ 3i B sb A3 ciSg�" s, '� 5 ffia �3a € im Mad ask 1 WAX, ZV�f FA DRAW £ 54£ 11 1 sIf� ys g E R Eh' G F 3 C i F" CliN F 2 T� .1. W N a w N d 31 A�112T S LS 12.8.15 RESOLUTION NO. 2015 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -20 AS CONDITIONED FOR A MAJOR WIRELESS FACILITY AT THE PROPERTY LOCATED AT 1029 EAST FOURTH 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. 2015 -20 to allow a 60 -foot high major wireless communication facility at the property located at 1029 East Fourth 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 December 14, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -20, 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 -20 to allow for a major wireless facility: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The project will continue to provide a service or facility which will contribute to the community. The major wireless communication facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon "s services by providing cellular service and data coverage for its users in the center city sector of Santa Ana. The issuance of a new conditional use permit will allow the provider to provide a service to the surrounding community. 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 -xx Page 1 of 6 31A -13 The issuance of a new conditional use permit for the facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will remain 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 mono - eucalyptus, in conjunction with the onsite landscaping, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the monopole's location at the rear of the site and site enhancements will maintain and increase the economic stability for this commercial and industrial area by providing an additional service for business owners, workers, and residents in the area. 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 facility will be stealthed by its design and surrounding landscape improvements 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 major wireless communication facility 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 monopole's location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2.2 encourages Resolution No. 2015 -xx Page 2 of 6 31A -14 land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area adds to the 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 15303. The Section 15303 (Class 3) exemption consists of the construction of small structures. The proposed application is to approve a conditional use permit to allow a major wireless facility on a property that is already served by public services and facilities, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2015 -38 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 -20 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1029 East Fourth 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 December 23, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 14t�' day of December, 2015. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson 31A-15 Resolution No. 2015 -xx Page 3 of 0 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 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 23, 20'15. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2015 -xx Page 4 of 5 31A -16 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2015 -20 Conditional Use Permit No. 2015 -20 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 -17). 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 proposed facility shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 60 -foot wireless facility. 4. The proposed mono - eucalyptus shall be constructed per the following specifications: a. Show the location of the GPS antenna on all elevations. b. Provide a °unistrut" detail for the utility cabinet; an "Fl-frame" is not acceptable. c. 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. d. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. Resolution No. 2015 -xx Page 5 of 6 31A -17 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. 8. 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. g. Any dead or missing landscaping along the project site's frontages on East Fourth Street shall be replaced or restored. 10. Any damage to existing structures, walls, parking areas, or landscaping must be repaired before release of utilities or issuance of final occupancy. 11, Conditional Use Permit No. 2015 -20 expires 10 years from the date of City Council approval. Resolution No, 2016 -xx Page 6 of 6 31A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2015 -23 TO ALLOW A 57 -FOOT TALL WIRELESS FACILITY FOR SBA COMMUNICATIONS WIRELESS AT CLERK OF COUNCIL USE ONLY: ;••a t+ [] As Recommended [� As Amended ® Ordinance on 1" Reading 0 Ordinance on 2 "a Reading El Implementing Resolution E7 Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2015 -23 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on December 14, 2015 by a vote of 4:1 (Bacerra opposed, Alderete absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -23 as conditioned to allow a 57 -foot high wireless facility ( "mono- palm ") at 601 South Santa Fe Street located in the Heavy Industrial (M -2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION SBA Communications is proposing to renew an existing 57 -foot high wireless facility disguised as a palm 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 palm tree, the tower was designed to incorporate fronds that extend several feet above the top of the existing structure. These fronds will be replaced as part of the project to enhance the appearance of the structure. Moreover, the existing parking spaces at the front of the industrial building will be repainted to address paint fading that has taken place over time. 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) and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). 31 B -1 Conditional Use Permit No, 2016-23 — Wireless Facility at 001 South Santa Fe Street January 19, 2015 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. AP,rb epUmportalStaft Paapola for P OUR1608VA oommunlaAona Monopalm.00 8 f w W a �• m a c 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 14, 2015 TITLE: PUBLIC HEARING - FILED BY CORE DEVELOPMENT SERVICES FOR CONDITIONAL USE PERMIT NO. 2016- 23 TO ALLOW A 57 -FOOT TALL WIRELESS FACILITY FOR SBA COMMUNICATIONS AT 601 SOUTH SANTA FE STREET {STRATEGIC PLAN NOS. 3, 2; 3, 51 Prepared by Ali Pezeshkpour — — ecutive Director — — PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Manager j Adopt a resolution approving Conditional Use Permit No. 2015 -23 as conditioned. Request of Applicant Core Development Services, representing SBA Communications, is requesting approval of a 57 -foot high wireless facility ( "mono- palm ") at 601 South Santa Fe Street. Major wireless communication facilities require approval of a conditional use permit (CUP) 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 16,920 - square foot (0.39 -acre) parcel of land located on the east side of Santa Fe Street near Hathaway Street. The site is currently improved with an industrial building, trash enclosure, and surface parking areas. The General Plan land use designation for the site is Industrial (IND), which allows for industrial land uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Heavy Industrial (M -2). The M -2 zoning district allows for industrial uses with ancillary wireless facilities. The proposed use is also consistent with the zoning designation. Land uses surrounding the site include industrial uses to the north, south and west, and the LOSSAN corridor railroad to the east (Exhibits 1, 2 and 3). Proiect Description SBA Communications is proposing to renew an existing 57 -foot high wireless facility disguised as a palm 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 was designed to incorporate fronds that extend several feet above the top of the existing structure. These fronds will be replaced as part of the project to enhance the appearance of the structure. Moreover, the existing parking spaces EXHIBIT A 31 B -3 CUP No. 2015 -23 December 14, 2015 Page 2 at the front of the industrial building will be repainted to address paint fading that has taken place over time. Equipment for the wireless facility will continue to be contained within an enclosure that measures approximately seven feet by 30 feet for a total of 210 square feet. This enclosure is located at the rear (northeast) of the existing building, adjacent to an existing trash enclosure, while the mono - palm itself will remain in its current location within the enclosure at the rear of the building. An existing, mature palm tree will remain adjacent to the facility to assist with stealthing, with other vegetation planted along the perimeter of the equipment enclosure and railroad tracks to remain (Exhibits 4, 5 and 6). ,,,. In June 2005, the Planning Commission approved Conditional Use Permit No. 2004 -34 to allow construction of the subject mono -palm and equipment enclosure. Since its construction, the facility has provided cellular coverage to the immediate area. SAMC Section 41- 198.13 states that major wireless communication facilities shall be approved for a period not to exceed five years, although subsequent State legislative acts have required that such facilities be approved for a period not to exceed 10 years. As the current facility is now over 10 years old, the applicant is required to apply for a new CUP in order to maintain the current facility. The site is owned by Maxine and Harold Findley and is developed with an industrial building that was constructed in 1968. The building is currently occupied by a sign manufacturer. (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 SBA Communications 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. Staff has reviewed the applicant's request to operate a major wireless communication facility at this location. In analyzing the conditional use permit request, staff believes that the following analysis warrants staff's recommendation of approval for the conditional use permit. As part of the development review of the project, staff worked closely with the applicant to identify improvements to enhance the overall appearance of the site. These improvements include replacement of existing palm fronds that have faded since the facility's construction 10 years ago, and restriping of the parking area at the front of the building for safety purposes. Pursuant to provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], local agencies are preempted from requiring additional screening or stealthing of the facility if such screening or stealthing was not required at the time of original construction. Staff believes that replacement of the existing fronds will enhance the appearance of the mono -palm and that restriping of the front parking area will enhance safety and functionality for clients and employees of the industrial use at the property. 31 B -4 CUP No. 2015 -23 December 14, 2015 Page 3 This location is optimal to provide the coverage necessary for existing and expanding service. The proposed facility will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to SBA Communication's services by expanding cellular and data coverage in the area. 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). Finally, 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 SAMC. The facility 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 monopole. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The monopole's location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2,2 encourages land uses that accommodate the City's needs for services. Renewing the facility for a further 10 years will allow the facility to provide the cellular services that are readily available for business owners, workers, and residents in the immediate vicinity. Public Notification The project site is not located within the boundaries of an established Neighborhood Association. 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 In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to renew an existing major wireless facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of the project. Categorical Exemption Environmental Review No. 2015 -74 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), as well as Objective No. 5 (leverage private investment that results in tax base expansion and job creation citywide). 31 B -5 CUP No. 2015 -23 December 14, 2015 Page 4 Conclusions Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015 -23 as conditioned. 7 Ali Pezeshkpour, AICP Assistant Planner I AP:jm apkrepods \Staff Reporls for MCUP'15 -23 SBA Communlcatlons Monopalm.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations MEW FIRST 1 �� a- cz.x c,- ea � cx,�on cz�„ ca,K�x cz.,ou Mt I . �' A, i CE a Xi Pl n3 n3 fl3 fl3 M7 RM �1 Al fl3 :.� H3 n3 R3 R3 R3 N M Nti -!` PA P3 i fl] IAi fl] FEE HJ 113 PR3M1 1 G R3 R3 R3 R a n3 R3 1 P, Skl pa PiW All RI n Rl AI �" 6 J M nn nx Ra TRl R1 Rt R341 I' I � Aa na wl lE1 R1 R1 N1 .0 __ J ZI 1 HOBART 4--usu b Z IUD Al W)WALAC"WLTURALj' CR CQMMEYIALRODEJnAL RI SNGLEFAMILYFSSDF.MIAL -8 EtiMdRNGMONRCATION GC GOV4NIOMTCEN H FU MFAMILYF> MICE GSM aWMEpAI.S)UDIMAIN All UGHTIND -EMAL m MULTR.EDE� OWMLJM GI ODMMUNITYNMMEFOAL M2 HEIWINDUSIAAL. FAMILYFEDEJGE GLMO IXNMM. oomm TlAUMUaIM oismCE MO MILITAWOFERATIONS W SiWWNAPARI M a CM LCOMMEADAL O G S'ACE m FESDFMALETWE C3 UNTFAL@1SNESS p FMF13`MGNAL T S FGDEE\eZ v1' B T MA CBMWlLBUS14 aSARRbTMLEACE R;D RANNEDOOMMUNITV0MUMMT 9' aMROFVM Cd FLANNMWOPRNGCEN� RANNWFM:NPALDEV OWDIT 05 AAMALCOMME AL CUP 2015 -23 SBA COMMUNICATIONS MONOPALM 601 SOUTH SANTA FE STREET — — =5DO FEE 1 ^' =1DDo F$T P L A N N I N G A N D B U I L D I N G AG E N C Y EXHIBIT 1 VICINITY MAP 31 B -7 \ vi g �p z 0 v CHESTNUT STREET \ \ \ \\ INDUSTRIAL °\ PARK \ \ PUBLIC \\ STORAGE G ° 9 ° \ �92�r� \`� °♦ INDUSTRIAL ,� ♦♦ PARK '9 � ♦s �e x F- �n ♦ ♦ z z HUNTER AVENUE w z uj 5 Q I CUP 2015 -23 SBA COMMUNICATIONS MONOPALM (s 6 _ql 01 SOUTH SANTA FE STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT2 w • 4 m a 9 s s�- ggaa a� al agar N 4� tt '` W d r ' z � r 31 B -10 TI E J d W N -I 54 W �J 3 � 55g. � •� � 'viii � � o"' � S y F § k � I P" e� 3.alaalmaa s b� k L r- E N N S g � § 4 Kk a 4 ,� ;., atf m•rnln %y'i�l(tYf".J��if11`� r' °it' n4 �r.� "fimWitfirc vF�P Ag@ 6k a p z EXHIBIT 5 0 31 B -11 LS 12, 14,15 RESOLUTION NO.2015 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO, 2015 -23 AS CONDITIONED FOR THE PROPERTY LOCATED AT 601 SOUTH SANTA FE STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2015 -23 to allow a 57 -foot high major wireless communication facility at the property located at 601 South Santa Fe 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. SAMC Section 41- 198.13 states that major wireless communication facilities shall be approved for a period not to exceed five years, although subsequent State legislative acts have required that such facilities be approved for a period not to exceed 10 years. D. As the current facility is now over 10 years old, the applicant is required to apply for a new CUP in order to maintain the current facility. E. On December 14, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -23. F. 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 -23 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 major wireless communication facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to SBA Resolution No. 2015 -xx Page 1 of 6 31 B -12 Communication's services by providing cellular service and data coverage for its users in the center city sector of Santa Ana. The issuance of a new conditional use permit will allow the provider to continue to provide a service to the surrounding community. 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. The issuance of a new conditional use permit for the facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will remain 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 mono -palm, in conjunction with the onsite improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the monopole's location at the rear of the site and site enhancements will maintain and increase the economic stability for this commercial and industrial area by providing an additional service for business owners, workers, and residents in the area. 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 facility will be steatthed by its design and surrounding landscape 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 major wireless communication facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are Resolution No, 2015 -xx Page 2 of 6 31 B -13 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 mono -palm. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The mono- palm's location minimizes visual impact on the area and assists with the stealthing of the equipment. 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 adds to the services that are readily available for business owners, workers, and residents in the immediate vicinity. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to renew an existing major wireless facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of the project. Categorical Exemption Environmental Review No. 2015 -74 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 -23 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 601 South Santa Fe 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 December 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 -xx Page 3 of 6 31B-14 ADOPTED this 14th day of December, 2015. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attomey 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 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 14, 2015. Date: Planning Commission Secretary City of Santa Ana 31 B -15 Resolution No. 20'15 -xx Page 4 of 6 1- 0011i11r�1 Conditions of Approval for Conditional Use Permit No. 2015 -23 Conditional Use Permit No. 2015 -23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip for 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 The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2015 -32). 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 proposed facility shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 57 -foot wireless facility. 4. 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. 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. The permit applicant shall insure that lessee or other users) 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 -xx Page 5 of B 31 B -16 Any damage to existing structures, walls, parking areas, or landscaping must be repaired before release of utilities or issuance of final occupancy. 8. Conditional Use Permit No. 2015 -23 expires 10 years from the date of City Council approval. Resolution No. 2015 -xx Page 6 of 6 31 B -17 31 B -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: TENTATIVE TRACT MAP NO. 2015 -04 (COUNTY MAP NO. 17715) AND DENSITY BONUS AGREEMENT NO. 2015 -01 TO ALLOW A SUBDIVISION FOR FIVE SINGLE - FAMILY CONDOMINIUM UNITS AT 4010 WEST MCFADDEN AVENUE - HABITAT FOR HUMANITY, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 5; 5, 3, 4) e / CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_1:77:Z01TV; ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 °d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Receive and file the staff report approving Tentative Tract Map No. 2015 -04 as conditioned and with the additional unit permitted by Density Bonus Agreement No. 2015 -01 and no other deviations from the City Zoning Ordinance. 2. Authorize the City Manager and Clerk of the Council to execute the attached Density Bonus Agreement with Habitat for Humanity of Orange County, subject to non - substantive changes approved by the City Manager and City Attorney for the development of five (5) affordable for - sale units. PLANNING COMMISSION ACTION At its regular meeting on December 14, 2015 by a vote of 5:0 (Alderete absent), the Planning Commission adopted a resolution approving Tentative Tract Map No. 2015 -04 as conditioned and Density Bonus Agreement No. 2015 -01 to construct five detached single - family condominium units at 4010 West McFadden Avenue located in the Agriculture (A -1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Habitat for Humanity proposes a subdivision in conjunction with a five -unit single - family residential development. A tract map is proposed for the project that will allow the sale of the single - family condominium units. As part of the tract map, existing infrastructure in the area will be upgraded to service the project. These upgrades include construction of new driveways, sidewalks, curbs and gutters; planting of new trees in the landscape parkway; and new street lighting, all per City standards. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 32A -1 TTM No, 2016-04 - DBA Igo, 2016 -01 —Family Condominiums at 4010 W, McFadden Avenue January 19, 2016 Page 2 Pursuant to aAMC Section 14 -1600 et seq., developers wishing to pursue deviations from the City's established densities and development standards must enter into a Density Bonus Agreement (DBA) with the City. The code also states that if the proposed DBA includes requests for deviations from zoning and development standards, those deviations must first be approved by the Planning Commission prior to consideration of the Agreement by the City Council. Habitat for Humanity is seeking a density bonus from the maximum density permitted by the LR -7 {general Plan land use designation and General Agricultural (A -1) zoning district in order to construct all five units on the subject site, Under the provisions of the LR -7 designation and General Agricultural (A ®1) zoning district, only four dwelling units are allowed. Approval of the DBA application and requested deviation will allow construction of the entire project (Exhibit B). STRATEGIC P6AN ALIQNMgNI Approval of this Item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create now opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective #5 (leverage private Investment that results in tax base expansion and job Creation oltywide); Goal #6 - Community Health, Livability, Engagement & Sustainability, Objectives #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action, Hassan Haghani, AICP � Executive Director Planning & Building Agency AP: rb apWARQpoV tff Rapartli Par P61TTM1544 MUM HOW for Humanity Aft 19A,ou Exhibits: A. Planning Commission Staff Report B, Density Bonus Agreement 32A -2 REQUEST O. Planning Commission Action PLANNING COMMISSION DATE: DECEMBER 14,2015 PUBLIC HEARING — FILED BY HABITAT FOR HUMANITY FOR TENTATIVE TRACT MAP NO. 2015 -04 (COUNTY MAP NO. 17715) AND DENSITY BONUS AGREEMENT NO. 2015 -01 TO ALLOW A SUBDIVISION FOR FIVE SINGLE- FAMILY CONDOMINIUM UNITS AT 4010 WEST MCFADDEN AVENUE (STRATEGIC PLAN NOS. 3, 2; 3, 5; 5, 3; 5, 4) Prepared by Ali Pezeshkpour__ -� xectai+Uirector ['3tfilPTf li Fe;�irT�litTilE'F.�£�7��,i.'� APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Man e 1. Adopt a resolution approving Tentative Tract Map No. 2015 -04 as conditioned. 2. Adopt a resolution approving Density Bonus Agreement No. 2015 -01. Reguest of the Applicant George Abrina, representing Habitat for Humanity of Orange County, is requesting approval of a tentative tract map to create five single - family residential condominium units for Habitat for Humanity on property owned by the Redevelopment Agency of the City of Santa Ana. Applications for subdivisions over four parcels or condominium units require approval of a tentative tract map by the Planning Commission pursuant to Section 34 -127 of the Santa Ana Municipal Code (SAMC). In addition, the applicant is proposing a deviation from the density standards of the Low - Density Residential (LR -7) General Plan land use designation and General Agricultural (A -1) zoning district as allowed by SAMC Section 41 -1606 and the State of California Government Code Section 65915 -65918 as an incentive to provide affordable housing. Proiect Location and Site Description The project site consists of a single, 26,180- square foot (0.60 -acre) parcel on the south side of McFadden Avenue west of Harbor Boulevard. The project site is flat and rectangular in shape and is currently vacant. The General Plan land use designation for the site is Low- Density Residential (LR -7), which allows for residential land uses, making the proposed land use consistent with this General Plan land use designation. The zoning for the site is General Agricultural (A -1). The A -1 zoning district allows for single - family residences. The proposed project is also consistent with the zoning designation. Land uses surrounding the site include single- family residences to the east, south and west, and multiple - family dwellings to the north (Exhibits 1, 2, and 3). EXHIBIT A 32A -3 TTM No. 2015 -04 DBA No. 2015 -01 December 14, 2015 Page 2 Project Description Subdivision Summary — Habitat for Humanity proposes a subdivision in conjunction with a five -unit single- family residential development. A tract map is proposed for the project that will allow the sale of the single- family condominium units. As part of the tract map, existing infrastructure in the area will be upgraded to service the project. These upgrades include construction of new driveways, sidewalks, curbs and gutters; planting of new trees in the landscape parkway; and new street lighting, all per City standards, Development Summary — The project proposes five single - family residences with a common area to serve the residents of the development. Three units will contain four bedrooms and two and one -half baths, and two units will contain three bedrooms and two and one -half baths. All structures are proposed in the Craftsman architectural style, with variations in colors and building materials to diversify the appearance of the development. Four of the units will take access from a single, private motor -court off McFadden Avenue, while the westernmost unit will have frontage directly on McFadden Avenue. All units will contain a two -car garage and space for two additional vehicles in each driveway. An additional guest surface parking space is also proposed. The project's parking exceeds the minimum number of spaces that are required for single- family residential developments. No gates or other private entries are proposed at this time. Each unit will have private side and rear yard areas and open front yards. A single common area toward the rear of the project site will include a barbecue, seating, and a turf area. This open space has been designed to connect with the westernmost unit via a pathway within the project site (Exhibits 4, 5, and 6). Project Background ound In March 2011, the Community Redevelopment Agency of the City of Santa Ana adopted Community Redevelopment Agency Resolution No. 2011 -003. This resolution established a Disposition and Development Agreement between the City's Community Redevelopment Agency and Habitat for Humanity of Orange County. The terms of the agreement specified required improvements for 10 project sites in Santa Ana to be developed by Habitat for Humanity, including the subject site known as Site 10A. Community Redevelopment Agency Resolution No, 2011 -003 requires that Site 10A, the subject project site, be developed with five dwelling units, of which flour must be sold to low - income households and One to a moderate- income household. The proposed project is consistent with the terms of the agreement. 32A -4 TTM No. 2015 -04 DBA No. 2015 -01 December 14, 2015 Page 3 Project Analvsis The project requires approval of a tentative tract map to allow the parcel to be subdivided into five condominium units for sale to individual buyers. In addition, the project requires approval of a density bonus agreement (DBA) application to allow construction of the fifth unit in excess of the maximum number of units allowed by the LR -7 General Plan land use designation for the property. Staff has prepared the following analyses, which form the basis for the recommendation contained in this report. Tentative Tract Map Tentative tract map requests are governed by Section 34 -119 through 34-318 of the SAMC. Tentative tract map requests may be granted when it can be shown that the project is consistent with the General Plan; conforms to all applicable requirements of the zoning, subdivision, and other applicable City codes and ordinances; is physically suitable for the type and density of the proposed project; will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat; will not cause serious public health problems; and will not conflict with easements necessary for public access. The proposed subdivision is consistent with the LR -7 land use designation; however, the DBA application, if approved, will allow construction of the fifth unit to exceed the prescribed maximum density. Additional information on the DBA application is provided in the Density Bonus Agreement subsection on the following page. The proposed subdivision is consistent with several policies within the Land Use Element of the General Plan, including: Policy 1.5 (Maintain and foster a variety of residential land uses in the City); Policy 1.7 (Support open space in underserved areas); and Policy 3.1 (Support development which provides a positive contribution to neighborhood character and identity). Moreover, the proposed subdivision conforms to the minimum requirements as well as meets the letter and intent of the State of California Subdivision Map Act provisions. The project is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code, Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. Further, there are no physical constraints on the site that preclude development of the site. The proposed site consists of approximately 0.60 acres of land that is physically suitable for the residential development as proposed, The proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The parcel is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. The proposed subdivision will not have any detrimental effects upon the general public and qualifies for a categorical exemption under the provisions of the California 32A -5 TTM No. 2015 -04 DBA No. 2015 -01 December 14, 2015 Page 4 Environmental Quality Act (CEQA). Additional information is provided in the CEQA analysis section on pages 5 and 6 of this report. Finally, the design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there is no public access easement located within this property (Exhibit 7). Density Bonus Agreement Pursuant to SAMC Section 14 -1600 et seq., developers wishing to pursue deviations from the City's established densities and development standards must enter into a Density Bonus Agreement (DBA) with the City. The code also states that if the proposed DBA includes requests for deviations from zoning and development standards, those deviations must first be approved by the Planning Commission prior to consideration of the Agreement by the City Council. The State Density Bonus Law was created to effectuate quality affordable housing. While the provisions of the law allow cities to approve qualified projects that would have units, or densities, in excess of cities' statutory density caps, the provisions also allow deviations from certain standards to facilitate affordable housing production. Under this law, California cities, including charter cities, were required to adopt implementing legislation, which Santa Ana did in 2001 with the adoption of Density Bonus for Affordable Housing (SAMC Sections 41 -1600 through 1607) provisions. Under this article, developers wishing to pursue projects that meet the requirements for a specified amount of affordable housing units may request to enter into a Density Bonus Agreement with the City and, pending approval of such an agreement, may also request deviations from the City's existing density caps and development standards that would be necessary to facilitate the development of the project. Pursuant to the provisions of SAMC Section 14 -1600, DBA requests may be granted when it can be shown that the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities; the development will not be inconsistent with the purpose of the underlying zone or applicable General Plan land use designation; and the deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to Section 41 -1603 of the SAMC. Habitat for Humanity is seeking a density bonus from the maximum density permitted by the LR -7 General Plan land use designation and General Agricultural (A -1) zoning district in order to construct all five units on the subject site. Under the provisions of the LR -7 designation and General Agricultural (A -1) zoning district, only four dwelling units are allowed. Approval of the DBA application and requested deviation will allow construction of the entire project and will also allow the project to comply with the terms contained within the disposition and development agreement as approved by Community Redevelopment Agency Resolution No. 2011 -003. 32A -6 TTM No, 2015 -04 DBA No. 2015 -01 December 14, 2015 Page 5 The proposed five -unit residential development will materially assist in accomplishing the goal of providing affordable housing opportunities in an economically balanced community. The applicant will construct and sell all five units, representing 100 percent of the proposed development, to low- or moderate - income households, thus increasing the total supply of affordable units available for that level of affordability. As proposed, the project will be consistent with the purpose of the A -1 zoning district, which allows single - family residential development. With the approval of the deviation requested by the applicant, the project will comply with all applicable development standards established in the A -1 zoning district and the guidelines within the Citywide design standards. Additionally, the project will be consistent with purpose of the General Plan Land Use Element and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. Public Notification The project is located within the boundaries of the Riverview West Neighborhood Association. Staff contacted the president of the Riverview West Association to ensure that he was notified of this project and to identify any areas of concern. The president identified no concerns with the proposed project. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is categorically exempt from CEQA review per Section 15332. The Class 32 exemption applies to projects characterized as infill development meeting the following conditions: • The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, including the State's Density Bonus Law. • The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. • The project site has no value as habitat for endangered, rare or threatened species. • Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. • The site can be adequately served by all required utilities and public services 32A -7 TTM No. 2015 -04 DBA No. 2015 -01 December 14, 2015 Page 6 In analyzing the project, staff finds that the project qualifies for the Class 32 exemption. The project, as proposed in conjunction with the DBA application, is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. As proposed, with concurrent approval of the DBA, the project will meet the intent and standards of the LR -7 General Plan land use designation and A -1 zoning district standards. Moreover, the proposed development will take place within city limits and is on a project site that is less than five acres in size and is surrounded by urban uses. The project site has no value as habitat for endangered, rare, or threatened species and is not identified in the General Plan as having such value. Approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality. The City's Planning Division and Public Works Agency have reviewed the proposed project and have determined that the amount of traffic, noise, air quality impacts, or water quality impacts are below thresholds that would warrant further analyses. Finally, the site is already served by all required utilities and public services as it is located within a heavily- urbanized area near the intersection of Harbor Boulevard and McFadden Avenue. Based on this analysis, a Notice of Exemption for Environmental Review No. 2014 -12 will be filed for this project. Strategic Plan Alicinrnent Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 5 (leverage private investment that results in tax base expansion and job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No, 4 (support neighborhood vitality and livability). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Tentative Tract Map No. 2015 -04 as conditioned and Density Bonus Agreement No. 2015 -01. 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The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Tentative Tract Map No. 2015 -04 and Density Bonus Agreement No. 2015 -01 to allow a five -unit single - family condominium subdivision at the property located at 4010 West McFadden Avenue, B. Santa Ana Municipal Code Section 34 -127 requires approval of a tentative tract map by the Planning Commission for subdivisions over four (4) parcels or condominium units. C. Santa Ana Municipal Code Section 41 -1600 et seq. requires approval of a density bonus agreement for projects requesting to construct units in excess of applicable General Plan or Zoning Code density standards and for projects requesting deviations from the City's density or development standards. D. On December 14, 2015, the Planning Commission held a duly noticed public hearing on Tentative Tract Map No. 2015 -04 and Density Bonus Agreement No. 2015 -01. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant the Tentative Tract Map pursuant to Santa Ana Municipal Code (SAMC) Section 34 -127, have been established for Tentative Tract Map No. 2015- 04 to allow a five -unit single - family condominium subdivision: That the proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Resolution No, 2015 -xx Page 1 of 8 32A -20 The proposed subdivision, Tentative Tract Map No. 2015 -04, in conjunction with the concurrent Density Bonus Agreement No. 2015 -01, is consistent with the Low - Density Residential (IR -7) land use designation and density prescribed and all other elements of the General Plan. Specifically, the proposed subdivision is consistent with several policies within the Land Use Element of the General Plan, including: Policy 1.5 (Maintain and foster a variety of residential land uses in the City); Policy 1.7 (Support open space in underserved areas); and Policy 3.1 (Support development which provides a positive contribution to neighborhood character and identity). 2. That proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision, in conjunction with the concurrent Density Bonus Agreement No. 2015 -01, conforms to the minimum requirements as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Vesting Tract Map No. 2015 -04 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code, Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. 3. That the project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that preclude development of the site. The proposed site consists of approximately 0.601 acres of land within the General Agricultural (A -1) zoning district, which is physically suitable for the residential development as proposed. Access to the site will occur from two points on McFadden Avenue. 4, That the design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. In accordance with Resolution No. 2015 -xx Page 2 of 8 32A -21 the California Environmental Quality Act (CEQA), the proposed project is categorically exempt from CEQA review per Section 15332. The Class 32 exemption applies to projects characterized as infill development meeting five specified conditions. The proposed project, in conjunction with the concurrent Density Bonus Agreement No. 2015 -01, meets the criteria in all five conditions. 5. That the design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will riot have any detrimental effects upon the general public. Any negative or adverse impacts have been addressed during the site plan approval phase of the project or will be addressed during recordation of the final map and the public improvements required. Moreover, approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality. The City's Planning Division and Public Works Agency have reviewed the proposed project and have determined that the amount of traffic, noise, air quality impacts, or water quality impacts are below thresholds that would warrant further analyses. 6. That the design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there is no public access easement located within this property. The Planning Commission of the City of Santa Ana hereby determines that the following findings, which must be established in order to grant the Density Bonus Agreement pursuant to Santa Ana Municipal Code (SANG) Section 41 -1600, have been established for Density Bonus Agreement No. 2015 -01 to allow a five -unit single - family condominium subdivision: That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed five -unit residential development will materially assist in accomplishing the goal of providing Resolution No, 2615 -xx Page 3 of 8 32A -22 affordable housing opportunities in an economically balanced community. The applicant will construct and sell five units, representing 100 percent of the proposed development, to low- or moderate - income households, thus increasing the total supply of affordable units available for that level of affordability. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. As proposed, the project will be consistent with the purpose of the General Agricultural (A -1) zoning district. With the approval of the density deviation requested by the applicant to allow construction of the fifth unit, the project will comply with all applicable development standards established in the A -1 zoning district and the guidelines within the Citywide design standards. Additionally, the project will be consistent with purpose of the General Plan Land Use Element and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it will further the Land Use Element Goal 3, to preserve and improve the character and integrity of the existing neighborhood; Policy 31, to support development which provides a positive contribution to neighborhood character and identity; Policy 3.5, to encourage new development and/or additions to existing development that is compatible in scale, and consistent with the architectural style and character of the neighborhood, and Policy 5.5, to encourage development which is compatible with, and supportive of surrounding land uses. Additionally, it will further the Housing Element, Goal 2, to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. 3. That the deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41 -1604, The deviations of the development standards requested are necessary to make the project economically feasible. The deviation requested is to increase the allowable density of the project from the densities specified in the LR -7 General Plan land use designation and in the A -1 zoning district. Deviations from these General Plan and Zoning Code density standards will allow the developer to make Resolution No. 2015 -xx Page 4 of 8 32A -23 substantial improvements to the site, to construct five (5) affordable housing units, and to meet the terms of the Disposition and Development Agreement between the former Community Redevelopment Agency of the City of Santa Ana and Habitat for Humanity of Orange County specified in Community Redevelopment Agency Resolution No. 2011 -003. G. In accordance with the California Environmental Quality Act, the proposed project is categorically exempt from CEQA review per Section 15332. The Class 32 exemption applies to projects characterized as infill development meeting five specific conditions and their criteria. The project meets all criteria in all five conditions. 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 sole 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 Tentative Tract Map No. 2015 -04 as conditioned in Exhibit A, attached hereto and incorporated herein, and Density Bonus Agreement No. 2015 -01 for the project located at 4010 West McFadden 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 December 14, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 14th day of December, 2015. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson 32A -24 Resolution No. 2015 -xx Page 5 of 8 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 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 14, 2015, Date: Planning Commission Secretary City of Santa Ana 32A -25 Resolution No. 2015 -xx Page 6 of 8 EXHIBIT A Conditions of Approval for Tentative Tract Map No. 2015 -04 Tentative Tract Map No. 2015 -04 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 project. Failure to comply with each and every condition may result in the revocation of the approval for the tentative tract map. 1. The project shall comply with all conditions, standards, requirements, plans, and elevations approved by the Development Review Committee (DRC) for the development project (DP No. 2014 -7). 2. Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved prior to approval of the final tract map. At a minimum, the GC &Rs shall include provisions pertaining to owner occupancy, restrictions on home -based businesses, and means for securing any publicly- accessible open spaces. 3. The final landscape plan shall depict installation of a perimeter block wall on the project site except in front yard setback areas. The landscape plan shall also contain perimeter black wall construction details, finishes, decorative elements, and accommodation for landscaping to deter graffiti. 4. All real estate signage must be removed from the site within one (1) year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 5. All site activities associated with grading and construction shall be screened by temporary construction fencing. Such fencing shall be secured and contain durable green mesh. 6. Graffiti on any portion of the project site before, during, and after construction shall be removed within 24 hours of first appearance. 7. Should the project be built in phases, any phase shall at all times comply with the standards of the approved landscape plan. Resolution No, 2015 -xx Page 7 of 8 32A -26 8. The final map must be approved and recorded prior to the sale of the first unit. 9. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 10. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 11. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 12.Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Orange County Fire Authority (OCFA), Building Division, and Public Works Agency within ten (10) days of recordation. 13. Pursuant to Section 66474.9(b) of the Subdivision Map Act, the applicant shall defend, indemnify, and hold harmless the City, and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, any approval of the City concerning this subdivision application, which action is brought within the time period provided for in Section 66499.37. Resolution No. 2015 -xx Page 8 of 8 32A -27 DENSITY BONUS HOUSING AGREEMENT THIS DENSITY BONUS HOUSING AGREEMENT (the "Agreement ") is hereby entered into as of this day of 2016, by and between HABITAT FOR HUMANITY OF ORANGE COUNTY, a California nonprofit public benefit corporation ( "Developer ") and the CITY OF SANTA ANA, a charter city and municipal corporation ( "City ") RECITALS A. Developer is the fee title absolute owner of certain real property within the City of Santa Ana, County of Orange, State of California commonly known as 4010 -4028 West McFadden Avenue and legally described in Attachment No. 1 hereto which is incorporated herein by this reference (the "Property "). B. Section 41 -1600 et seq. of the Santa Ana Municipal Code and section 65915 et seq. of the California Government Code set forth a process to provide increased residential densities to property owners who guarantee that a portion of their residential development will be available to low income, very low - income, or senior (also known as "qualified ") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable shelter for all economic segments of the community and to provide a balance of housing opportunities for low income, very low - income, and senior households throughout the city. C. Developer is proposing to the City to develop five residential for -sale, condominium units on the Property (the "Proj eet ), as more particularly set forth in Tentative Tract Map No. 2015 -04 (County Map No. 17715), Density Bonus Application No. 2015 -01, Environmental Review No. 2014 -12, and Development Plan Review No. DP 2014 -7. D. The parties hereto desire by this Agreement for Developer to agree to hold and convey one (1) unit within the Project (the "Affordable Unit") to a Low Income Household, and in return for the City to agree to provide for additional units beyond that which is allowed pursuant to the City's General Plan together with other concessions to Developer. Section 41- 1602 of the Municipal Code referenced above, require such agreement to be the subject of a density bonus housing agreement. E. In light of the purpose of the City and State density bonus law, and the express provisions of section 65915(n), the City has determined to grant Developer's application for a density bonus and related concessions and waivers. F. In addition to the density bonus granted to Developer, the Project has been granted waivers and concessions of City development standards including (i) reduction of minimum lot size for five (5) units from 30,000 to 26,180 feet, and (ii) increasing the number of Exhibit 8 32A -28 attached units in the A -'1 zone from 4 units to 5 units. NOW, THEREFORE, Developer and City hereby agree as follows: 1. Definitions. The following terms which are used herein shall have the following definitions: "Affordable Housing Cost" means a price which is established at a level which ensures that the monthly housing costs of (a) any Low Income Household purchaser which earns not greater than eighty percent (80 %) of the Area Median Income adjusted for household size, does not exceed the product of thirty percent (30 %) multiplied by seventy percent (70 %) of the Area Median Income adjusted for Household Size Appropriate to the Unit, and (b) any Low Income Household purchaser which eams not less than seventy percent (70 %) or more than eighty percent (80 %) of Area Median Income adjusted for household size, the payment of which does not exceed thirty percent (30 %) of the gross income of such purchaser. Such housing costs (including mortgage payments, a reasonable utility allowance and similar costs) shall not exceed the maximum amount applicable to lower income households pursuant to California Health and Safety Code section 50052.5. Such housing costs (including mortgage payments, a reasonable utility allowance and similar costs) shall not exceed the maximum amount applicable to low income households pursuant to California Health and Safety Code Section 50052.5(b)(3). "Affordable Unit" is defined in Recital D of this Agreement. "Agreement" means this Density Housing Bonus Agreement between the City and the Developer. "Area Median Income" means the median income figures for Orange County adopted by the State of California pursuant to Health and Safety Code section 50093, as amended from time to time. "City" means the City of Santa Ana, a charter city and municipal corporation. "Household Size Appropriate for Unit" for the purpose of determining Affordable Housing Cost only, means three persons for a two bedroom Affordable Unit and four persons for a three bedroom Affordable Unit. Household Size Appropriate for Unit is not intended to constitute a limitation on the number of persons who may live in the Unit. "Low Income Household" shall mean aperson and fainily whose income does not exceed the qualifying limits for lower income families in Orange County as established by the State of California pursuant to Health and Safety Code section 50079.5, as such qualifying limit is amended from time to time. "Developer" shall mean Habitat for Humanity of Orange County, a California nonprofit public benefit corporation. "Project" means the construction of five (5) for -sale condominium units, including one (1) Affordable Unit, the sale thereof to a qualified purchaser of the Affordable Unit at an Affordable Housing Cost and any other activities undertaken in connection therewith. 2. Provision of Affordable Ownership Housing. One for -sale, condominium residential unit which is required to be developed as part of the Project shall be sold to a Low Income Household at the pricing set forth in paragraph 3 hereof. 32A -29 3. Maximum Sales Price. Developer covenants and agrees that the Affordable Unit shall be sold at no more than the Affordable Housing Cost to a Low Income Household. 4. Selection of Buyer. Developer shall be responsible for the selection of buyer for the Affordable Unit in compliance with the criteria set forth in paragraph 5 of this Agreement. Developer shall develop a plan for the marketing of the homes and the selection of buyers of the Affordable Unit, consistent with California housing law. Such marketing plan shall be submitted to the City for its reasonable approval, and Developer shall carry out the marketing in accordance with such approved plan. Developer covenants and agrees that no sales of Affordable Unit shall be made to any person or family related, within the fourth (4th) degree of consanguinity; to Developer or to any member, shareholder or partner of Developer, or anyone related by blood or marriage to any such shareholder or partner; provided, however, that the foregoing shall not prevent the sale of the Affordable Unit to an employee of Developer who is otherwise unrelated to any member, shareholder or partner of the Developer provided such employee otherwise meets the requirements set forth in this Agreement for the sale of the Affordable Unit. 5. Income of Buyers. Developer shall, upon execution of this Agreement, prepare and submit to the City for review and approval, which shall not be unreasonably withheld, a marketing plan for prospective buyers of the Affordable Unit. Based upon the marketing plan, Developer shall prepare and keep a written list of prospective buyers for the Affordable Unit. No later than ninety (90) days before the Affordable Unit is ready for occupancy, Developer shall contact all persons or families on the list and ask each to submit a income computation and certification form; provided, however, that City and Developer shall cooperate to determine terns and conditions under which buyers may pre - qualify to purchase an Affordable Unit. As early as practicable, but at least sixty (60) days prior to the sale of the Affordable Unit, the Developer shall submit to City a. completed income computation and certification form signed by the prospective buyer under penalty of perjury, in such fonn as may be provided by City for each prospective buyer, together with all information it has reviewed and considered in its selection process (the "Notice of Intended Sale "). City shall have ten (10) working days to approve or reject the Notice of Intended Sale. City's decision shall be final. For each buyer approved by the City, Developer shall use its best efforts to provide and cause, a true and correct copy of the complete lender's package shall be submitted to the City at the time of submission to the prospective lender, for City confirmation of income status. The lender's package submitted to the City shall be a true and correct copy of the complete package submitted by the unit's buyer to the prospective lender, City shall complete its review of the complete lender's package within fourteen (14) working days. Developer shall and hereby does covenant that no sale shall be made of the Affordable Unit unless and until the City has issued a certificate approving that the proposed buyer qualifies as a Low Income Household. In the event a sale is made in violation of the terms of this Agreement or false or misleading statements are made in any documents submitted to the City, the City shall have the right to file an appropriate action at law or in equity unless Developer substitutes another otherwise qualifying unit as the Affordable Unit. In the event that 32A -30 Developer fails to comply with this provision, costs, liabilities and obligations incurred by Developer and the buyer of the Affordable Unit for the return of any monies paid or received or for any costs and legal expenses shall be borne jointly and severally by the Developer and the buyer and such parties shall hold the City harmless and reimburse its costs and expenses, including attorneys' fees. Gross income shall be determined in accordance with Section 8 guidelines and California Health and Safety Code section 50093 (together with interpreting Regulations). Developer shall obtain a certification from each buyer purchasing an Affordable Unit demonstrating that such buyer is a Low Income Household and meets the eligibility requirements established for the Affordable Unit. Developer shall verify the income certification of the proposed buyer as set forth below. Developer shall verify the income of each proposed purchaser of the Affordable Unit by at least one of the following methods as appropriate to the proposed purchaser: a. obtain two (2) paycheck stubs from the prospective buyers' two (2) most recent pay periods. b. obtain a true copy of the last two income tax returns from the prospective buyers for the last two (2) tax years in which a return was filed. C, obtain an income verification certification from the employer of the prospective buyers. d. obtain an income verification certification from the Social Security Administration and /or the California Department of Social Scrvices if the prospective buyers receive assistance from such agencies. e. obtain an alternate form of income verification reasonably acceptable to the City, if none of the above forms of verification is available to the Developer. f City may reasonably request additional information regarding the buyer and/or the proposed transaction as is already in the custody of Developer, and Developer shall provide such information as soon as is practicable. 6. Non - Discrimination Covenant. Developer, on behalf of itself and its successors and assigns, herein covenants by and for itself, its successors and assigns, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (in) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2, 51.3, 51.1, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) 32A -31 of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph. All deeds, leases or contracts entered into by Developer relating to the Affordable Unit shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: a. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926, 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. "Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph." b. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. "Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Govermment Code shall apply to the immediately preceding paragraph." C. In contracts: "There shall be no discrimination against or segregation of, 32A -32 any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926, 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." "Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph." d. The foregoing covenants shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City, its successors and assigns, any occupants of the Affordable Unit, and any successor in interest to the Affordable Unit. The covenants against discrimination shall remain in effect in perpetuity. In no event shall anything in this paragraph 6 be construed as authority to lease the Affordable Unit. 7. Notice of Resale Restrictions and Declaration of Conditions, Covenants and Restrictions. a. The parties agree and acknowledge that Attachment No. 2 to this Agreement shall be executed by Developer and recorded prior to City approval of the final map for this Project. b. The parties agree and acknowledge that Attachment No. 2 to this Agreement is intended and shall be interpreted to restrict the use of the unit to owner - occupancy, and shall restrict subsequent resales of the Affordable Unit to Low Income Households, at an Affordable Housing Cost, who agree to occupy the Affordable Unit as their principal place of residency; and that this restriction shall continue to apply to the Affordable Unit until the forty - fifth (45th) anniversary of the issuance of a Certificate of Occupancy by Santa Ana for the Affordable Unit. c. The parties further agree and acknowledge that this Agreement is intended and shalt be interpreted to provide that, for purposes of this Agreement, an individual or family who qualifies as a Low Income Household at the time he or she or they first takes title to the Affordable Unit shall be deemed a Low htcome Household so long as he or she or they continue to hold title to such Affordable Unit even if the Low Income Household subsequently ceases to meet the income or other requirements of a Low Income Household; and that when the owner of an Affordable Unit releases title to an Affordable Unit, such unit shall be deemed as occupied by a Low Income Household if it is held vacant and available for such occupancy until title is transferred to another Low Income Household pursuant to this Agreement. 8. Indemnity 32A -33 a. The parties agree that City neither undertakes nor assumes any responsibility to review, inspect, supervise, approve or inform Developer of any matter in connection with the construction of the Project, including matters relating to contractors, subcontractors and materialmen, or the workmanship of or materials used by any of them, and Developer shall entirely on its own judgment with respect to such matters and acknowledges that any review, inspection, supervision, approval or information supplied to Developer by City in connection with such matters is solely for the protection of City and neither Developer nor any third party is entitled to rely upon it. b. The parties agree and acknowledge that City is not a partner, joint venturer, alter -ego, manager, controlling person or other business associate or participant of any kind with Developer and that City does not intend to ever assume such status. C. The parties agree and acknowledge that City's activities in connection with the Affordable Unit or the Project shall not be "outside the scope of activities of a lender of money " within the meaning of California Civil Code section 3434, as amended from time to time, and City does not intend nor shall this Agreement be interpreted to imply that the City has assumed any responsibility to any person for the quality or safety of the Affordable Unit or the Project. d. The parties agree and acknowledge that City shall not be deemed responsible for, or participant in any acts, omissions or decisions of Developer. e. The parties agree and acknowledge that City shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property arising from any construction on, or occupancy of, the Affordable Unit or the Project, whether alleged to arise from: i. any defect is any building, grading, landscaping, or other onsite or offsite improvements constructed by Developer; ii, any act or omission of Developer or of any of Developer's agents, employees, independent contractors, licensees, invitees or volunteers; or any accidents relating to the Affordable Unit or Project or any fire or other casualty or hazard thereon. f. Developer agrees to guarantee its work from defects for a period of at least one (1) year after construction is complete, with a five (5) year guarantee for the roof of each unit. Developer shall provide the buyer of the Affordable Unit with all of the manufacturer's warranties and product information. Developer shall also provide the buyer of the Affordable Unit with a commercially reasonable Homeowner Protection Plan. g. Developer agrees to and shall indemnify and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from or relating to (i) Developer's obligations of actions undertaken pursuant to this Agreement; ( ii) a claim, demand or other cause of action that any person has or asserts against Developer; ( iii) any act or omission of Developer or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the Affordable Unit or the Project; or ( iv) the Developer's initial sale of the Affordable Unit or Project, except to the extent such matters are caused by the negligence or willful misconduct of City or its officers, employees, agents, consultants, special counsel or representatives. This indemnity and hold 32A -34 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 paragraph or by reason of the teens of, or effects, arising from this Agreement. The Developer further agrees to indenuiify, hold harmless, and pay all costs for the defense of the City, including fees and costs to the extent there is no conflict of interest, Developer should be allowed to use the legal counsel which is also representing Developer 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. Developer's obligations under this paragraph shall survive the termination of this Agreement. 9. Compliance with Laws. a. Except as set forth expressly herein, the Developer shall carry out the design and construction of the Project in conformity with all applicable laws, including all applicable state labor standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City of Santa Ana Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act. 42 U.S.C. section 12101, etseq., Government Code section 4450, et sect. b. During the time of Developer's ownership of the Property, the Developer shall maintain the Property and all improvements thereon, including all landscaping, in compliance with the terms of all applicable provisions of the City of Santa Ana Municipal Code. Each homeowner shall be responsible for maintenance of their own property after transfer of title. 10. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of Developer and the City of Santa Ana and their respective successors and assigns. 11. Governing Law. This Agreement has been entered into, is to be performed entirely within, and shall be governed by and construed in accordance with the laws of the State of California. 12. Further Assurances. Each party hereto covenants and agrees to perform all acts and things, and to prepare, execute, and deliver such written agreements, documents, and instruments as may be reasonably necessary to carry out the terms and provisions of this Agreement. 13. No Third Parties Benefited. This Agreement is made for the purposes of setting forth rights and obligations of Developer and the City of Santa Ana, and no other person shall have any rights hereunder or by reason hereof. 32A -35 14. Notices. Any notice which a party may desire to give to the other party under this Agreement must be in writing and may be given by first class mail, postage prepaid, personal delivery or reputable overnight delivery service, addressed to the party to whom the notice is directed as set forth below, or at any other address as that party may later designate by notice. To City: City of Santa Ana 20 Civic Center Plaza, M -26 Santa Ana, California 92701 Attention: Housing Manager To Developer: Habitat for Humanity of Orange County 2200 S. Ritchey Street Santa Ana, CA 92705 Attention: Mark Korando Any written notice, demand or communication shall be deemed received upon delivery or refusal to accept delivery if delivered by hand, shall be deemed delivered on the next business day if delivered by reputable overnight delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 15. N on- Discrimination in Employment. in performing its obligations under this Agreement, Developer 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 related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations 16. No Conflict of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which afi'ects his or her personal interests or the interests of any corporation, partnership or association in which lie or she is, directly or indirectly, interested. 17. Nonfiability of Santa Ana Officials and Employees, No member, official or employee of the City of Santa Ana shall be personally liable to the Developer, or any successor -in- interest, in the event of any default or breach by the City or for any amount which may become due to Developer or to its successor, or on any obligation under the terns of this Agreement. 18. Effective Date of Agreement. This Agreement shall be dated and effective as of the date of the action by the City when it approves this Agreement. 19. Entirety of Agreement. This Agreement integrates all of the terrns and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the matters contained herein. 32A -36 None of the terns, covenants, agreements or conditions set forth in this Agreement shall be deemed to be merged with any grant deed conveying title to the Property, and this Agreement shall continue in full force and effect before and after such conveyance. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of City and the Developer, and all amendments hereto must be in writing and signed by the appropriate authorities of City and the Developer. 20. Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with fall knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. 21. Time of Essence. Time is expressly made of the essence with respect to the performance by the City and the Developer of each and every obligation and condition of this Agreement. 22. Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. (Signatures on page below) 10 32A -37 NOW, THEREFORE, the parties hereto have executed this Agreement as of the date set forth above. HABITAT FOR HUMANITY OF ORANGE COUNTY, a California Nonprofit Public Benefit Corporation LINDA SHEPARD, Chief Financial Officer CITY OF SANTA ANA a charter city and municipal corporation ATTEST: Maria D. Huizar David Cavazos Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �! c Lisa Storck Assistant City Attorney I 32A -38 ATTACHMENT NO. 1 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: PARCEL 13: PARCEL 13A: (APN 108- 601 -24) A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 12, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE SOUTH 89 32'50" WEST 837.09 FEET ALONG THE NORTH LINE OF SAID SECTION 16 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0 °40'35" EAST 158.00 FEET PARALLEL TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 32'50" WEST 22.00 FEET PARALLEL TO THE NORTH LINE OF SAID SECTION 16; THENCE NORTH 00 °40'35" WEST 158.00 FEET PARALLEL TO THE WEST LINE OF SAID NORTHEAST QUARTER TO A POINT ON THE NORTH LINE OF SAID SECTION 16; THENCE NORTH 89 32'50" EAST 22.00 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING, PARCEL NO. 1313: (APN 108 - 601 -25) THE NORTH 175.00 FEET OF THE EAST 132.00 FEET OF THE WEST 7 ACRES OF THE NORTH ONE -HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 14: (APN 108- 601 -04) THE EAST 88.73 FEET OF THE WEST 163.73 FEET OF THE NORTH 120 FEET OF THE WEST 7 ACRES OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, PARCEL 15: (APN 108 - 601 -05) THE WEST 75 FEET OF THE NORTH 120 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE WEST 7 ACRES OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE 12 32A -39 SOUTHEAST QUARTER OF SECTION 16, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN. EXCEPTING THEREFROM ALL WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS, PARCEL 16: (APN 108- 601 -03) THE WEST 7, ACRES OF THE NORTH l 12 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE & MERIDIAN, AS SHOWN ON THE OFFICIAL PLAT THEREOF. EXCEPT THEREFROM THE NORTH 175 FEET OF THE EAST 132 FEET THEREOF ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONVEYED IN THE DEED TO JOHN MAGARRO, JR. AND WIFE, RECORDED October 19, 1956 IN BOOK 3683, PAGE 418 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONVEYED IN THE DEED TO JOHN N. SCHUMAKER AND WIFE, RECORDED January 9, 1957 IN BOOK 3765, OF PAGE 31 OF OFFICIAL RECORDS, ALSO EXCEPT THEREFROM ANY PORTION LYING WITHIN TRACT NO, 4548, AS PER MAP FIELD IN BOOK 170, PAGES 45 AND 46, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID LAND IS ALSO SHOWN ON THAT CERTAIN "CERTIFICATE OF APPROVAL OF LOT LINE ADJUSTMENT NO, LL- 78 -3 ", WHICH RECORDED June 15, 1978 AS INSTRUMENT NO, 21947 OF OFFICIAL RECORDS, 13 32A -40 ATTACHMENT NO, 2 City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council NOTICE OF RESALE RESTRICTIONS AND DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY THIS NOTICE OF RESALE RESTRICTIONS AND DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY (the "Declaration ") is hereby made as of this day of by and between HABITAT FOR HUMANITY OF ORANGE COUNTY, a California nonprofit public benefit corporation ( "Covenantor "); and the CITY OF SANTA ANA, a charter city ( "City" or "Covenantee ") RECITALS A. Covenantor is the fee title absolute owner of certain real property within the City of Santa Ana, County of Orange, State of California commonly known as 4010 -4028 West McFadden Avenue and legally described in Exhibit A hereto which is incorporated herein by this reference (the "Property"), B. On , 2016, the City Council of the City approved a Density Housing Bonus Agreement with Covenantor and Tentative Tract Map No. . The City imposed conditions of approval on Covenantor to agree to the execution of the Density' Housing Bonus Agreement and to execute and record these Declaration to provide that 20% of the total number of units to be constructed by Covenantor on the Property, or one (1) unit to be for -sale, condominium affordable housing for low income households, as defined in California Health and Safety Code (H &SC) sections 50079.5, 50105 and 50106. NOW THEREFORE, the parties hereto agree and covenant as follows: 1. Affordability Covenant. Covenantor agrees for itself and its successor and assigns, and for every successor to Covenantor's interest in the affordable unit, or any part thereto, that the property located at 4010 -4028 W. McFadden Avenue, Santa Ana, California, shall include one (1) unit that shalt be designated as affordable for low income households and shall be held subject to this Declaration for forty -five (45) years from the date of City issuance of allotice of Completion for said unit, as follows: a. The affordable unit shall only be owned and occupied by "Low Income 14 32A -41 Households" which shall mean persons or families earning not more than eighty percent (80 %) or less of the Orange County median income, adjusted for household size appropriate for the unit as determined by the City based on statistics published by the United States Department of Housing & Urban Development or established by the State of California pursuant to Health & Safety Code section 50093, or successor statute. b. The affordable unit shall only be sold at an "Affordable Housing Cost" to Low Income Households. Affordable Housing Cost shall be the permitted gross sales price of the unit as established by the City, upon request of the Covenantor or owner of the affordable unit. C. The term of this agreement shall commence on the date this Declaration is recorded with the Recorder's Office of the County of Orange and shall continue for forty -five (45) years from the date a Notice of Completion is issued by the City ( "Affordability Period "). d. The covenant contained in this Section I shall run with the affordable unit and shall automatically terminate and be of no further force and effect upon the expiration of the Affordability Period. 2. Transfer of Affordable Unit. No transfer of the affordable unit shall occur until the Covenantee determines (a) that the prospective purchaser intends to occupy the affordable unit as the proposed purchaser's principal residence, (b) that the proposed purchaser qualifies as a Low Income Household, and (c) that the proposed transfer will occur at an Affordable Housing Cost. In the event that Covenantor, including successors and assigns, desires to sell the unit, Covenantor shall send written notice thereof to the Covenantee at the following addresses: To City: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: Clerk of the Council a. Within ten (10) days of such notice, the Covenantor, or its successor and assigns, shall submit to Covenantee a transfer application. Such transfer application shall include (a) a certification of the proposed purchaser's intent to occupy the affordable unit as the proposed purchaser's principal residence, (b) a certification to demonstrate that the purchaser qualifies as a Low Income Household, and (c) an affidavit disclosing that the proposed purchase price is equal to or less than the Affordable Housing Cost, and (d) a disclosure statement executed by the proposed purchaser which certifies that the proposed purchaser may only sell the unit at an Affordable Housing Cost to a Low Income Household, that the maximum permitted sales price may be less than fair market value of the affordable unit, and that the affordable unit roust be owner - occupied at all times and shall not be rented or leased. If Covenantee has pre - existing forms regarding such certifications and affidavits, such forms shall be used by Covenantor. b. Covenantor, or its successor and assigns, shall cooperate with Covenantee in providing such forms to the prospective purchaser and assisting prospective purchasers to prepare such forms and provide such required information to the Covenantee. C. The Covenantee shall review and approve the transfer only if it finds that the Covenantor (and proposed purchaser) have submitted all such forms necessary to make the determinations required pursuant to Section 1 of this Declaration. The City shall endeavor to make such determination within fourteen (14) days from the submission of the completed forms. If the 15 32A -42 Covenantee fails to approve or disapprove a submission within such fourteen (14) day period, the Covenantee shall be deemed to have denied such transfer. THE COVENANTOR AND EACH SUCCESSOR, HEIR, OR ASSIGN OF THE COVENANTOR UNDERSTANDS THAT THE DETERMINATION OF THE AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES, THE TERMS OF SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER, AND ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND OTHER FACTORS THAT CANNOT BE ACCURATELY PREDICTED, AND THAT THE TRANSFER PRICE PERMITTED UNDER THIS DECLARATION MAY BE LES THAN THE FAIR MARKET VALUE OF THE PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS DECLARATION. EACH SUCCESSOR, HEIR, OR ASSIGN OF COVENANTOR FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER PRICE, THE PRIMARY OBJECTIVE OF THE COVENANTEE AND THIS DECLARATION IS TO PROVIDE HOUSING TO LOW INCOME HOUSEHOLDS AT AN AFFORDABLE HOUSING COST. Covenantor's Initials 3. Subsequent Covenants. Covenantor, and its successor and assigns, shall include in the escrow instructions and Purchase and Sale Agreements with subsequent purchasers a provision which requires each subsequent purchaser to record a covenant which will run with the land and bind all successors- in-interest or assignees that will ensure that all subsequent buyers and occupants quality as Low Income Households. Said covenant(s) shall remain in full force and effect for the Affordability Period set forth in Section 1 of this Declaration. 4 Annual Monitoring. Throughout the teen of this Agreement, Covenantor, and its successor and assigns, shall comply with all applicable record keeping and monitoring requirements established by California law and this Agreement. Covenantor, and its successor and assigns, shall cooperate with the City's monitoring requirements established in accordance with California law. 5. Non- Discrimination Covenant. Covenantor, on behalf of itself and its successors and assigns, covenants and agrees that there shall be no discrimination against or segregation of any, nor shall Covenantor itself or any person claiming under or through Covenantor permit any such practice or practices of discrimination or segregation with reference 16 32A -43 to the selection, location, number or use of the affordable unit. Covenantor shall include in each grant deed for the affordable unit a provision substantially similar to the following: "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person, or group of persons, on account of race, color, religion, sex or gender, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenants shall run with the land. 6. Covenants Do Not Impair Lien. No violation or breach of this Declaration shall defeat or render invalid or in any way impair any lien or charge of any mortgage or deed of trust or security agreement recorded against the Property. 7. Covenants for Benefit of Covenantee. This Declaration and all covenants contained herein without regard to technical classification shall be binding for the benefit of Covenantee and such covenants shall run in favor of Covenantee for the entire period during which time such covenants shall be in full force and effect. 8. Governing Law. This Agreement has been entered into, is to be performed entirely within, and shall be governed by and construed in accordance with the laws of the State of California. (Signatures commence on nextpage) 17 32A -44 NOW, THEREFORE, the Parties hereto have executed this Agreement as of the date set forth above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney COVENANTOR: HABITAT FOR HUMANITY OF ORANGE COUNTY, a California Nonprofit Public Benefit Corporation By: LINDA SHEPARD Chief Financial Officer CITY OF SANTA ANA, a charter city David Cavazos City Manager 18 32A -45 32A -46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: RESOLUTIONS FOR THE POTENTIAL FORMATION OF THE WARNER INDUSTRIAL COMMUNITY ASSESSMENT DISTRICT (NON - GENERAL FUND) (STRATEGIC PLAN NO. 6, 1G) CrTY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2 °a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution establishing the boundaries of the Warner Industrial Community Assessment District No. 2015 -01. 2. Adopt a resolution preliminarily approving the Engineer's Report for the Warner Industrial Community Assessment District No. 2015 -01. 3. Adopt a resolution establishing assessment ballot procedures for assessment districts. BACKGROUND The recommended actions will allow owners in the Warner Industrial Community (WIC) to determine whether an Assessment District (AD) may be formed. The intent of this AD is to partially finance public street improvements. If the AD is successfully formed, the City would partner with the AD to fully reconstruct the City -owned streets in the WIC. Based on the City's pavement management system, funding for these improvements would not be available for 10 to 15 years. By establishing this AD, the roadway repairs would be accelerated and completed within 12 months. Success of this public - private partnership will provide an alternative funding model for other industrial areas in Santa Ana that need roadway infrastructure repairs. DISCUSSION A Resolution of Intention to consider the formation of an Assessment District for the Warner Industrial Community was adopted on July 7, 2015 (Resolution No. 2015 -030). The resolution directed preparation of an Engineer's Report for the Warner Industrial Community Assessment District No. 2015 -01. The Engineer's Report contains the overall costs, the legal basis to establish the AD, the methodology to distribute the costs, the proposed assessments based upon the bids, 5513-1 Resolutions for Warner Industrial Community Assessment District January 19, 2016 Page 2 and details on any City commitments. The report also provides information on which property owners can base their vote on whether to form the AD. Staff recommends the adoption of the following resolutions: 1. A resolution that adopts a map which establishes the proposed boundaries of the Warner Industrial Community Assessment District No. 2015 -01 (Exhibit 1). 2. A resolution that preliminarily approves the Engineer's Report, sets the time and place for a public hearing, and orders the initiation of assessment ballot procedures for Warner Industrial Community Assessment District No. 2015 -01 (Exhibit 2). 3. A resolution that establishes local procedures to implement requirements of Article XIII (D) of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act applicable to assessment ballot proceedings, including such proceedings for the Warner Industrial Community Assessment District No. 2015 -01 (Exhibit 3). ANALYSIS Upon approval of this recommended action, the general sequential steps to continue forming this Assessment District are as follows: STEP TIME NEEDED ACTION Distribute the assessment ballots to the property owners along with notice of the public hearing. City Council holds the public hearing as scheduled and, upon its conclusion, the assessment 1 2 to 3 Months ballots will be tabulated. Votes are weighted by the amount assessed. The "yes" votes are totaled by the sum of their individual and respective assessment amounts and compared to the sum of the "no" votes, with the higher amount prevailing. If the ballots support the formation of the Assessment District, City Council may resolve to form the Assessment District and order the levy of assessments based on the Engineer's Report. City 2 1 to 2 Months Council action is required to commit the City's portion of the project funding and award the construction contract. Construction could begin soon thereafter. 3 2 to 3 Months Construct and complete the Assessment District improvements. 55B -2 Resolutions for Warner Industrial Community Assessment District ,January 19, 2016 Page 3 mg— IlLeflmmy 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 (Develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). re 4DIrlepu ctorr Executive Public Works Agency FMIEwQlKN Exhibits: 1. Resolution approving the boundaries of the Warner Industrial Community Assessment District No. 2015 -01 2. Resolution preliminarily approving the Engineer's Report for the Warner Industrial Community Assessment District No. 2015 -01 3. Resolution establishing ballot procedures for assessment districts 55B -3 55B -4 RESOLUTION NO, 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) WHEREAS, the City Council of the City of Santa Ana, California has been presented and has received a map showing and describing the boundaries of the area proposed to be assessed in an assessment district pursuant to the provisions and authority of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913 "); such assessment district known and designated as Assessment District No. 2015 -01 (Warner Industrial Community ) (the "Assessment District"). NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Santa Ana, California, as follows: Section 1. The above recital is true and correct. Section 2. That a map showing the boundaries of the proposed Assessment District and lands and property to be assessed to finance the costs and expenses of the acquisition or construction of certain public improvements designated as "Proposed Boundaries of Assessment District No. 2015 -01 (Warner Industrial Community), City of Santa Ana, Orange County, State of California" is hereby submitted and attached hereto as Exhibit A, and the same is hereby approved and adopted. Section 3. That the original map of the boundaries of the proposed Assessment District and one copy thereof is to be fled in the Office of the City Clerk. Section 4. A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the resolution fixing the time and place of the hearing on the formation or extent of the Assessment District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. EXHIBIT ,I Resolution No. 2016 -XXX Page 1 of 6 55B -5 ADOPTED this 19th day of January, 2016, APPROVED AS TO FORM: Sonia R.,farvalho, City Attorney m Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55B -6 Resolution No. 2016 -XXX Page 2 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55B -7 Resolution No. 2016 -XXX Page 3 of 6 EXHIBITA MAP OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2015 -01 (WARNER. INDUSTRIAL COMMUNITY) OF THE CITY OF MAN I'AANA COUNTY OF ORAL STATE OF CALIFORNIA LIB" OP ASSESSOR PA FUEL FUJI LOCATED YATNIN BOUNDARIES Or AS3888AIBNT DISTRICT NO. 2015 01 AS OF PI004 YVAN 2016.2010 0.59j•SSMENY p6j�11DERC NUMOfR 'A5 }ES90p �!ApCI i11EEF a2 (.1$011,71117 1_I(fFE$ENC6 - :.N15j3 i1 n5505sOR 0A{1�Np, .�M0ER SN0. Nq AEFERENCE. (1OUM ER • ,. 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IN DOCN 9, ARRR q' AIDE LAW [I T AND CONFI VA IN FAC I YIR6"HE IUTA AT PAGE— NINE OYFIOR OF THE COIIN I, RECORDER IN THE COUNTY O F 08,710[ 1, mm UP 0,711801 NN.IIG @�VUCVAIENNAU �- ._.___ C1E11.C'RF_C GR VCII f.UIIVYV OF 08,7108 080106 S R1�N OF er CHECItY 15ERH OF MFCITY OFV6tlAMA ANA. COUNTY DF CIYVCLERH 017401 SANIANN I HEREOYC."Al IMAINIELNDINMAP 51OWINb 711E 08080948 GUNIANTIO TOCIiV NCLYtlCRVNO ,77,7,71 COUNT- 'DgI4O0N1U(W6. P SRANYFrt E OF D CALIFORNIAN ANN 11Y1AIlPV P ROUF V tEHO fi COVNCIL AYIT NEOULARAIEE1 MlO 1!14,74 CP.IIC Lb CN TIE_ DAY O1I HY Ii3 Rf.ROLI ITIUN N0 .,._. CITY OF DANA ANN INDEX ON SET NO 1. VICINITY MAP PROP6960 ROUNOARY MAP. CERTICICANA E AND VET OF NO ED U DIED IN 111 DOE BOUNDARY MAF 611 ELY ED 2 PIIO4PL4b 40UNDAIJY MAP A9 UERRMDNT R NFER ENCC 941481, NU. 1. NUMDERA I. 15, IMOPOfl btl 6bU NDANY MAP HERE nRMkNi REF FN{INC@ NUM0EN610.201 55B -8 SNCET1 OF3 MIUHAELSWAN PItf2FC6B10NAL CIVIL EI4GINEEf4 Z']3T DEC&NU412915 Resolution No. 2016 -XXX Page 4 of 6 EXHIBIT A Resolution No. 2016 -XXX Page 5 of 6 55B -9 M:N.n; Resolution No. 2016 -XXX Page 6 of 6 55B -10 RESOLUTION NO.2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA PASSING UPON AND GIVING PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT OF THE ASSESSMENT ENGINEER, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES FOR ASSESSMENT DISTRICT NO. 2015- 01 (WARNER INDUSTRIAL COMMUNITY) WHEREAS, the City Council of the City of Santa Ana, California, has instituted proceedings to finance the cost of the acquisition or construction of certain public improvements and appurtenances pursuant to the provisions of the "Municipal Improvement Act of 1913" (the "Improvement Act "), being Division 12 of the Streets and Highways Code of the State of California (commencing with Section 10000), in a special assessment district known and designated as Assessment District No. 2015 -01 (Warner Industrial Community) (the "Assessment District "); and, WHEREAS, there has been prepared and filed with this legislative body a report of the Assessment Engineer (the "Engineer's Report ") as provided for in and required by the Improvement Act, Article XIIID of the Constitution of the State of California ( "Article XIIID ") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act ") (the Improvement Act, Article XIIID and the Implementation Act are referred to herein collectively as the "Assessment Law ") and the Engineer's Report has been presented to this legislative body for its consideration; and, WHEREAS, Resolution No. 2015 -030 declaring the intention of the City Council to finance the cost of the acquisition or construction of the subject improvements through the levy of assessments within the Assessment District was previously adopted on July 7, 2015 by the City Council; and the Engineer's Report as now presented shall stand as the Engineer's Report for the purpose of subsequent proceedings hereunder. NOW, THEREFORE, be it resolved by the City Council of the City of Santa Ana, California, as follows: Section 1. The above recitals are true and correct. Section 2. The Engineer's Report referred to herein above is adopted, passed upon and preliminarily approved, as follows: A. The plans and specifications for the improvements proposed to be acquired or constructed, as contained in the Engineer's Report, are hereby preliminarily approved and adopted; EXHIBIT 2 Resolution No. 2016 -XXX Page 1 of 5 55B -11 B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the acquisition or construction of the improvements and of the incidental expenses in connection therewith contained in the Engineer's Report, including that portion of such costs and expenses representing the special benefit to be conferred by such improvements on those parcels within the Assessment District, and each of them are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within such Assessment District, as the same existed at the time of the passage of such Resolution of Intention, each of which subdivisions have been given a separate number upon such diagram, as contained in the Engineer's Report, is hereby preliminarily approved and adopted; D. The proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by the improvements to be acquired or constructed, and of the incidental expenses thereof, as contained in the Engineer's Report, are hereby preliminarily approved and adopted; E. A description of the improvements proposed to be acquired or constructed contained in the Engineer's Report are hereby preliminarily approved and adopted. Section 3. The Engineer's Report shall stand as the Assessment Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. Section 4. NOTICE 1S HEREBY GIVEN THAT A PUBLIC HEARING TO CONSIDER PROTESTS TO THE PROPOSED ASSESSMENTS IS HEREBY SCHEDULED TO BE HELD AT THE COUNCIL CHAMBER OF THE CITY OF SANTA ANA LOCATED AT 22 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA ON APRIL 5, 2016 AT 5;45 P.M. OR AS SOON THEREAFTER AS MAY BE HEARD BY THE CITY COUNCIL. RIGHT TO SUBMIT ASSESSMENT BALLOT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW, THE RECORD OWNER OF EACH PARCEL PROPOSED TO BE ASSESSED HAS THE RIGHT TO SUBMIT AN ASSESSMENT BALLOT IN FAVOR OF OR IN OPPOSITION TO THE ASSESSMENT PROPOSED TO BE LEVIED ON SUCH PARCEL. ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH PARCEL LOCATED WITHIN THE ASSESSMENT DISTRICT AND PROPOSED TO BE SUBJECT TO AN ASSESSMENT. EACH SUCH OWNER MAY COMPLETE Resolution No. 2016 -XXX Page 2 of 5 55B -12 SUCH ASSESSMENT BALLOT AND THEREBY INDICATE SUCH OWNER'S SUPPORT FOR OR OPPOSITION TO THE PROPOSED ASSESSMENT. ALL SUCH ASSESSMENT BALLOTS MUST BE RECEIVED BY THE CITY CLERK AT THE FOLLOWING ADDRESS AT OR BEFORE THE TIME SET FOR THE CLOSE OF THE PUBLIC HEARING: CITY CLERK CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, 8TH FLOOR SANTA ANA, CALIFORNIA 92702 AN ASSESSMENT BALLOT RECEIVED AFTER THE CLOSE OF THE PUBLIC HEARING WILL NOT BE TABULATED EVEN THOUGH THE POSTMARK ON THE ENVELOPE TRANSMITTING THE ASSESSMENT BALLOT IS DATED ON OR BEFORE THE DATE OF THE PUBLIC HEARING. AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COUNCIL SHALL CAUSE THE TABULATION, PURSUANT TO GOVERNMENT CODE SECTION 53753, OF THE ASSESSMENT BALLOTS TIMELY RECEIVED. IF A MAJORITY PROTEST, AS DESCRIBED BELOW, EXISTS THE CITY COUNCIL SHALL NOT IMPOSE AN ASSESSMENT WITHIN THE ASSESSMENT DISTRICT. A MAJORITY PROTEST EXISTS IF THE ASSESSMENT BALLOTS SUBMITTED, AND NOT WITHDRAWN, IN OPPOSITION TO THE PROPOSED ASSESSMENT EXCEED THE ASSESSMENT BALLOTS SUBMITTED, AND NOT WITHDRAWN, IN FAVOR OF SUCH ASSESSMENT. IN TABULATING THE ASSESSMENT BALLOTS, EACH ASSESSMENT BALLOT SHALL BE WEIGHTED BY THE AMOUNT OF THE PROPOSED ASSESSMENT TO BE IMPOSED UPON THE IDENTIFIED PARCEL FOR WHICH SUCH ASSESSMENT BALLOT WAS SUBMITTED. Section 5. The City Clerk is hereby notice of the Public hearing and the adoption filing of the Engineer's Report, together with record owner of each parcel proposed to be public hearing. directed to mail or cause to be mailed of the Resolution of Intention and of the the assessment ballot materials, to the assessed at least 45 days prior to the Section 6. The City Clerk is hereby further directed to file or cause to be filed a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of this resolution; such boundary map to be in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. Section 7. For purposes of tabulating the assessment ballots for these proceedings as required pursuant to the Assessment Law, the City Council hereby designates Maria D. Huizar, the City Clerk of the City Council (the "City Clerk "), to act as the tabulation official to tabulate the assessment ballots submitted. Resolution No. 2016 -XXX Page 3 of 5 55B -13 Section 8. The City Council hereby designates the City Engineer as the Superintendent of Streets for purposes of these proceedings. ADOPTED this 19th day of January, 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R,,,,Carvalho, City Attorney 0 Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2016 -XXX Page 4 of 5 55B -14 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55B -15 Resolution No. 2016 -XXX Page 5 of 5 I City of Santa Ana Assessment District No. 2015-01 (Warner Industrial Community) Under the Provisions of the Municipal Improvement Act of 1913 Prepared by Psomas 3 Hutton Centre Drive, Ste, 200 Santa Ana, CA 92707 (888) 683 -5234 55B -16 City of Santa Ana Council Miguel A. Pulido, Mayor Vincent F. Sarmiento, Mayor Pro Tern Angelica Amezcua, Council Member P. David Benavides, Council Member Michele Martinez, Council Member Roman Reyna, Council Member Sal Tinajero, Council Member City Officials David Cavazos, City Manager Sonia R. Carvalho, City Attorney Maria D. Huizar, Clerk of the Council Edwin 'William" Galvez, P.E., City Engineer / Superintendent of Streets Professional Services Psomas, Assessment Engineer Warren Diven Best Best & Krieger LLP, Bond Counsel James V. Fabian Fieldman, Rolapp & Associates, Financial Advisor 55B -17 TABLE OF CONTENTS Engineer's Report Part 1 Description of Works of Improvement Part 2 Plans and Specifications Part 3 Cost Estimate Part 4 Boundary Map & Assessment Diagram Part 5 Methodology of Assessment Spread & Certifications Part 6 Proposed Maximum Annual Assessment for Administration and Collection Appendices A Resolution of Intention — Resolution No. 2015 -030 E Assessment Roll Detail C Parcel Acreage D Distance to Nearest Outlet E Calculation of Benefiting Acreage APN 408 - 021 -01 55B -18 Page 4 5 6 7 15 22 AGENCY: CITY OF SANTA ANA PROJECT: FORMATION OF ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) TO: SANTA ANA CITY COUNCIL COUNTY OF ORANGE STATE OF CALIFORNIA ENGINEER'S REPORT Pursuant to the provisions of the Municipal Improvement Act of 1913, being Division 12, of the Streets and Highways Code of the State of California, applicable provisions of Article XIIID of the California Constitution, being the Right to Vote on Taxes Act (Proposition 218), and provisions of Government Code Section 53750 et. seq„ being the Proposition 218 Omnibus Implementation Act (the aforementioned provisions are hereinafter referred to collectively as "Assessment Law "), and in accordance with the Resolution of Intention, being Resolution No. 2015 -030 adopted by the City Council of the City of Santa Ana, Califomia, on the 7th day of July, 2015, in connection with the proceedings for: ASSESSMENT DISTRICT NO, 2015 -01 (WARNER INDUSTRIAL COMMUNITY) (Hereinafter referred to as "Assessment District"), I, Michael D. Swan, authorized representative of Psomas, the duly appointed Assessment Engineer, submit herewith this Engineer's Report consisting of six parts. PART 1 A description of proposed works of improvement. The engineering drawings and specifications for the proposed improvements are on file with the Superintendent of Streets and are available for public inspection in the office of the Public Works Agency of the City of Santa Ana. By reference, the engineering plans and specifications more particularly detailing the proposed improvements are incorporated herein. 55B -19 PART An estimate of the cost of the proposed improvements, including incidental costs and expenses In connection therewith, are attached hereto, and are also on file with the Superintendent of Streets in the office of the Public Works Agency of the City of Santa Ana, PART 4 The Boundary Map and Assessment Diagram showing the overall boundaries of the Assessment District and the boundaries and the dimensions of the respective parcels and subdivisions of land within said Assessment District, as they existed at the time of the passage of the Resolution of Intention, each of which subdivisions of land or parcels or lots, respectively, have been given a separate number upon the Assessment Diagram and in the Assessment Roil. PART 5 The proposed assessment for the total amount of the costs and expenses of the proposed improvements upon the parcels of land within the Assessment District, in proportion to the estimated special benefits to be received by each parcel from said improvements, is set forth upon the assessment roll filed herewith and made a part hereof. The explanation of the assessment calculation is found in the Methodology of Assessment Spread included here. For particulars as to the Identification of parcels to be assessed, reference is made to the Assessment Diagram and Boundary Map on file with the Superintendent of Streets in the office of the Public Works Agency of the City of Santa Ana. A reduced copy of the Boundary Map and Assessment Diagram are included in Part 4 of this Report. PART 6 A proposed maximum annual assessment for administration and collection of assessments. Dated this 5 day of c)&Kd+�, 20 I (', L v, 59��zc PSOMAS Nom, 25737 z} 4257 EYP. 12 -31 -17 MI -A `rT4Tf Cl O �ap ASSESSMENT ENGINEER OF C 55B -20 PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, COUNTY OF ORANGE STATE OF CALIFORNIA, ON THE 19TH DAY OF JANUARY, 2016. Maria D, Huizar, CLERK OF THE COUNCIL CITY OF SANTA ANA STATE OF CALIFORNIA MODIFIED APPROVAL BY CITY COUNCIL OF THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, ON THE — DAY OF 20 Maria D. Huizar, CLERK OF THE COUNCIL CITY OF SANTA ANA STATE OF CALIFORNIA FINAL APPROVAL BY CITY COUNCIL OF THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, ON THE u DAY OF 20_ Maria D. Huizar, CLERK OF THE COUNCIL CITY OF SANTA ANA STATE OF CALIFORNIA 55B -21 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) PART DESCRIPTION OF WORKS OF IMPROVEMENT The City of Santa Ana is using assessment financing to improve the pavement of the local, interior roadway network within the Warner Industrial Community Assessment District (WIC). The boundaries of this Assessment District and the included parcels are depicted on the Boundary Map and Assessment Diagram in Part 4 of this Report. The location of the district may be generally described as being within the following streets and landmark boundaries: Beginning at the intersection of Harbor Boulevard and Warner Avenue, on the north side of Warner Avenue, east to the abandoned Union Pacific Railroad line, then south along the eastern edge of the abandoned railroad line to Segerstrom Avenue, then east along the northern edge of Segerstrom Avenue to an Orange County Flood Control Channel (D03) /Greenville Banning Channel, then north along the western edge of the channel, continuing north on the western edge of Fairview Street (where it crosses Harvard Street) to the southern edge of Centennial Park, then west along the southern edge of the park to the Santa Ana River, then south along the eastern edge of the river, and continuing south along the eastern edge of Harbor Boulevard to the point of origin at Warner Avenue. The streets to be improved within the district include: • Adams Street • Anne Street • Castor Street • Central Avenue • Fordham Avenue • Harvard Street • Maywood Avenue • Otis Street • Pendleton Avenue • Susan Street • Yale Street Only parcels having access to the streets being improved were included, therefore, if parcels have direct access to major thoroughfares, and none of the streets listed above, these parcels were excluded from the district. The major thoroughfares include: • Fairview Street • Segerstrom Avenue • Harbor Boulevard • Warner Avenue For details of the work to be performed, please refer to the engineering drawings and specifications on file with the Superintendent of Streets in the office of the Public Works Agency of the City of Santa Ana. 55B -22 ASSESSMENT DISTRICT NO. 2015-01 (WARNER INDUSTRIAL COMMUNITY) PART 2 PLANS AND SPECIFICATIONS The plans and specifications for the proposed improvements of the Assessment District are on file with the Superintendent of Streets and are available for public inspection in the office of the Public Works Agency of the City of Santa Ana. By reference, the plans and specifications more particularly detailing the proposed improvements are incorporated herein. 55B -23 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) PART 3 COST ESTIMATE PRELIMINARY CONFIRMED ITEM COSTS COSTS L CONSTRUCTION COSTS Engineering and Construction Costs $ 4,706,915 Construction Cost Contingency $ 500,000 TOTAL CONSTRUCTION COSTS $ 5,206,915 11. CONTRIBUTIONS City of Santa Ana Construction Cost Contribution $ 2,533,415 City Of Santa Ana Contingency Contribution (t) $ 500,000 TOTAL CONTRIBUTIONS. $ 3,033,415 Ill. FINANCING COSTS Capitalized Interest $ 216,811.11 Bond Discount $ 60,800.00 Reserve Fund $ 286,075.00 Bond Counsel $ 50,000.00 Disclosure Counsel $ 25,000.00 Other Legal Expenses $ 15,000.00 Financial Advisor $ 40,000.00 Official Statement Printing $ 5,000.00 Land Market Value Appraisal $ 20,000.00 Assessment Engineer $ 50,000.00 Bond Registration, Paying/TransferAgent $ 5,000.00 Printing, Publication, Postage & Miscellaneous Costs $ 15,000.00 District Administration $ 30,000.00 Costs of Issuance Contingencies $ 41 228.89 TOTAL FINANCING COSTS $ 859,915.00 RECAPITULATION 1, TOTAL CONSTRUCTION COSTS $ 5,206,915 IL CITY OF SANTA ANA CONTRIBUTIONS ($3,033,416) III. FINANCING COSTS $ 859,915 TOTAL AMOUNT TO ASSESSMENT $ 3,033,415 tt> Includes a construction cost contingency contribution amount of not to exceed $500,000 to pay for construction expenses resulting from unforeseen conditions not within the scope of work of the construction contract. 55B -24 ASSESSMENT DISTRICT NO. 2015.01 (WARNER INDUSTRIAL COMMUNITY) PART 4 BOUNDARY MAP Boundary Map begins on next page 7 55B -25 MAP OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) OF THE CITY OF SANTA ANA COUNTY OF ORANGE, STATE OF CALIFORNIA LIST OF ASSCSSOR RADOM- NUMBERS LOCATED WITHIN BOUNDARIES OF ASSESSMENT DISTRICT NO. 2016 -01 AS OF FISCALYEAR 2018.2016 ggSeseN14MT REFER @NLE kS$EiSbR PARhEL _060 aza : (A4�VFET i; NOt }16835 §MENT RBPp4tN CE �`HNUUPRUWY g55I$ygRLR PA iE YNUUIBEB SFYEET �NO. ASSEHBR4hNT 8F8 N CE ' (}fl5 ..I }NO SER!." �59c°SSO0. pARCE( J4WwL3ER, $f,{E6T -N ,. ,A9S688M3NT 19FERENCE .'J'.N'U(>'iOtEs' qj Eb9Ok P , ARC -:N I4mr '', 1` 13YIEEy', _ 1) 4o8,tl21 =01. , 2 53 4087152 -31 2 IW :40 8=233 -07 . 2 -- 152) 41410.1.21 3 2 - 408113 -11 - : R (54) 408452.32 2 101) 408202 04 2 ,' (153) 41411142 3 55 408. 152 -33 2 102) 406. 202 -03- - -2. 134 414111 -23 3 4) -' 40tl413 -02: 2_ -: 56) 406152-"34 2 - -1031 '40 &202.01' 2. 1551 414111.20 9 04113.0]1 '2 (5] 40 &152 -69 2 -, 104 - 408- 202.01 '- 2.._ 156 414- 111 -25 3 (6) 40 U h3 -. 2 - 58 408452.40 2 "105) 40&203 -03: 21 15] 414111 -18 3 (91 409AES05 '2 59 408152.41 2 '- 106 '.408.203,08 2.: - (158 414111 -19 3 A08Ella'10 `2. 60 408191.08 2 107- -. '438;201.03'. 2 '- 159 414111 -20 3 5 - 403. 13v08 " -2 61 406- 191 -SO 2,' (108) 40821605 2'. '. 160) 414111 -38 3 10 - 40B415-13 1 2: 62 43 &191 -11 2 109 4013 -2 161 414.11137 3 - 11 408 IR-11 - 2 " I G3 408 -191.04 2 110 '- 408-182-02 2 102 41411142 3 2. 40811414, 2 (64) 40849805 2 (111). : 408- 18201 - `. Z (163) 414111Q8 3 '13 - 408. 154-15 - 2; 65 4D6.191.13 2 - ,:(1121 408 -182 09 '..2 -'.. 164 414.11]x04 3 ' - 14 40317410 -:2 408. 201.13 2 - '113 '46&182 -03- 2 165) 414- 111 -05 3 10` ^ 44&-114111 2 -' 67 408 4w812 2 - 14 4US- 18101. - 2 166 414111 -38 3 (18 }• 448-1141" 2.'. 68 408.20141 2 40848105 '. 2 (1 6] 414111 -14 3 l 400.114,1234 2' 69 408201.06 2 (116 ) 40818]:09: ,2.. - 168 414111 -15 9 - '(181 - 408-11402. 1 ". 70 41 2 1E7 ' - 498ml71 -01' 2. 169 414111 -26 3 -I 118) 4081 "1 1 (71) 408401.04 2 4110 '48-171.1,2 ".2:- 170 414111 -08 3 2 408.11+F31, - 2 - -. (72 ) 408201.03 2 ': 119 -- 408 -171-14 .:. 2' 1 (171, ) 414111.09 3 - (211 -. AS 4144 '1 2 " (73 408.20102 2 [120 - 408271 -13 2' _ (172 4i4i11-36 3 408:151.02" 1 2`/' 408 - 20101 2 ':' (123 '408+19142 2 " -. 173 414111 -11 3 4 8. 151 +04 2r.> _Q4)___ (75) 408 - 13407 2 '_ 122 '2 -- 174 414111 -12 3 041 40815108: ?,: 76 4KAPIM06 2 _.4123 .3408 -171 -M .2 175 414111 -33 3 (25) 408 -1 Yq1 -. 2 (77) 403.13410 2 '. 124). .404 }7146 "2 -. 176) 4U l21 -01 9 (28) - 408 -: 41,02- 3'r 73 449,43942 2 .: 25 - : p0 @dl1 -O8: t '2 177 414421 -10 3 3y) - 408. 142.02; . 2 834 932-892-29 267 W408:]]iy] 2 8 414121 -OS 3 ry408- iR3T01 1" (]88 932.89226 2 ^ 127 '403.17Y18 2 (1]9 414121 -06 3 29 403 - 146x02 1 -'- POC 932- b9) - - -2] 2 170) g1!Y17 &l8: -2 1.90 414121 -11 3 Q9� 408-1 '0f i' d 78D 982.84228 2 _ L�12 '40041a41> 2' 181 34'14- 121 -13 9 q0E- 144 -PM1. 2- 90E 93809229 2 130 +IpB-Y2415- 2. 182) 414 -12145 3 (32) r 40814.03'''.2 -. (]9 40349101 2 131 - 40412416 �2- (183) 414 -121 -14 3 (38) - 4:05. -' 2 (80 40R -LE401 2 -..152 - 4b8'12410 __2: (184) 414121 -09 3 34).' �0A1.. 2 -: (81) 905i35o2 1 (132' 408;12¢09 2 ., (1851 414121 -OS 3 .3 - ,5,.'.08'_ ,. 2-.' (82 408135.03 2 (134 .45'- 125 -42 -. 2 . 186 414121 -16 3 486 : .502 2 S3 403 13s11 2 - 335 W 4034.12441 2 187 414131 -23 3 37) 5537 -. T -' (84 408.13512 2 (13 - 408451.13 -2 184 414- 131 -2] 3 38 52,26 1418�1524U 2 85 40043505 2 ,187 408.161.10 :2 189) 41413128 3 39 - '29. 2 06 408.135.06 2 138 408mUnW9 2' 190) 41413129 3 (40) 249 ` 2 87 40845.07 2 (139) - 41@.161.06" 2 (191) 414131 -26 3 41 -293 2 " 88 40813514 2 -140 -008161 -14 -.2 102) 414 -13825 3 2.09 R (89 408135.13 2 '"1.41 - 48616142' - 2 193 414,231 -15 3 (43): 2+42 2' . 90 408.13509 2 (142 - .405$6141' -2 - 194 41,1431 -14 3 :44' .408,152+45. .1 (911 408155.10 2 - &43 - .406.16148 2 N. 5 414131 -13 3 145 409!152344- 2. _,' 92 436196.01 2 1AI 408.1$115 2 196 14131 -56 3 (46) ;16 x (93 408m136m02 2 - _145) 408461;18, 2 19]) 41,1131 -57 3 '(47)' 21]. 2 194) 408136.03 2 (14 4084S484, ! 2 -: 198) 414431 -10 3 (43) 2.4' - 2 '. '95) 408136.04 2 (147) .408 461.03 2. 199 414131 -50 3 ''.49) 2.2© 14N�Z�213 2 96) 400.136 -o5 2 (148x. 400 461.20 Y 414431-54 3 - (5 '. 2' 197) 408.136346 2 (141 40646119: 2 - __1202L_ 201) 414 34 31 -55 S (51) ' 2:.29 2 98) 403403.01 2 (150) 400161.27 52' 230 2 "' 199) 40420306 2 (1511 408- S6L18' 2 RECORDED TH18-DAY OF 20_ATTHE HOUR OF O'CLOCK.M, IN BOOK OF MAPS OF A68ESSM ENT AND COMMUNITY FACLLITIES D18TRICTS AT FADE_, IN THE OFFICE OF THE OOUNTY RECORDER IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. FEE.,_ DOCUMENT NO _ CLERK- RECORDER COUNTY OF ORANGE FILED IN THE OFF IDS OF THE CITY CLERK OF THE CITY OF SANTA ANA. COUNTY OF ORANGE, STATE OF CALIFORNIA THIS __DAY OF __ 20, CITY CLERK CTY OF SANTAANA I HEREBY CERTIFY THATTHE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OPA65E60MENT DISTRICT N0,2016Ai(WARNER INDUSTRIAL COMMUNITY) OF Fill CRY OF6ANPAANA,COUIJTYOFO0.AIJOE STATE OF CALIFORNIA, WABAPPROVED BY THE CITY COUNC TAT AREGULAR MEETING THEREOF HELD ON THE _ GAY OF- 20_, BY ITd RC60LUTION NO. __ CITY CLERK CITY CF SANTAAIJA INDEX SHEET NO, 1- VICINITY MAP, PROPOSED BOUNOARYMAP, CERTIFICATES AND JUT OF PA RNALS INCLUDED IIJ PROPOSED BOUNDARY MAP SHEET NO, 2- PROPOSED BOUNDARY MAP ASSESSMENT REFERENCE NUM1IEERS 1 - 161 SHEET NO 3- PROPOSED BOUNDARY MAP ASSESSMENT REFERENCE SUPREME 162 -]C1 558 -26 SHEET I OF MICHAEL SWAN PROFESSIONAL CIVIL ENGINEER 26937 DBCBmW 2015 P SOMA S 555 --28 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL, COMMUNITY) PART A ASSESSMENT DIAGRAM Assessment Diagram begins on next page 11 55B -29 ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) OF THE CITY OF SANTAANA COUNTY OF ORANGE, STATE OF CALIFORNIA LISTOFASSESSOR PARCEL NUMBERS LOCATED WITHIN BOUNDARIES OF ASSESSMENT DISTRICT NO. 2015,01 AS OR FISCAL YEAR 2015.2016 A85 ESSNIFNT REFLyjENCE " NU&1REk''NU ASSESSpP aPAPCB„'p. B6 '' i 1 $NELY , NO' ASBE�$MENT REFERENCE "NOMBBA - g55j150g PAtCBL; - NUMI9ER SHEi =N9 A53E53M3N7 : &EFERENCE , l.UMR A66Q'�50R �AR..I, MBER SEfifiT _No": A3SE5 MENf �iFFEREN GE .;']NUMBER AS$859DR I(}.RCEL ?0li7�epp 6pCLT,a Nbi: 1 40 &021 -01 .2 53 408- 192 -31 2 ::(100 ) 408 -203-07 2 :' (152) 414111 -21 3 (d) 408- 113 -11 2....- (54) 408 -152 ,02 �.. 2 (i01) 408202.04 2'`. (153) 414- 111.22 3 '.131 408 113-12 2 s 55 401 2 f 102 - - - 108-202-03 �T2-' 154) 414- 111 -23 3 4`- 408 113 02 ] (56) 408- 152.34 2 103 408.202 02 -. 2'. - 155) 414111 -24 3 ',[5 .408- 113 -03' _2- .' 57 408152 -35 2 (101) 400- 202 -01 ,.2 - 156 414111-23 3 6 AU &113 -04. 2 58) 40&152.40 2 w.. -- 103' 408-209 -03 2 1571 414111 -18 3 S1]. A06113-05 2 - 59 400.152.41 2 - 106 -' 408;20400 -'2 ((]5R 414111 -19 3 .1408- 11}:10' "2 - 60 406191, -08 2 j107:. 400. 201 1 (1591 414111 -20 3 ;(9 -'. 408.113.06. 2- '. (611 408491 -10 2 ' 100) � AGR�21Y05 '2 ' (160) 414111.38 3 SQ A08- 113 -13.. - 2 62 408 - 191 -11 2 1109) .:408.21303 - 2 161 414111 -37 3 11 - '4 313 -U " 2:;. 63 LL 40 &191-04 2 .1'110.- 409 - 18202 ;2 , 162) 414111;32 R '.: 12)' _4118 -114-M 2'.: (64 406 191 -OS � 2 .111) 408- 18701 .2 (164 414111-28 3 -. 1 _ 408 114 -15 :--2. -' 65 408- 191 -13 2 '(112) 400]8208 .2- ' 164) 414111 -04 3 (14) ' 4tltt11T1 -10: '. - -2 ' 66 40b201-13 2 -.' 003) '.408- 182 03 - ` 2- - (165) AM 41 -05 3 ED) - 4001'1431: }2...1. 67 400.20142 2 114 408- 181'01 ':2.:. 16G 414- i11 -33 3 -'1 400 -il I;J3 68 4DeI 2 ..' 115 - 408. 181 -05 2- 167) 41411114 9 ;I7) 40X- 114 +12 2:: - (69 ) 401 2 ) 11fi1 408 -18104 2. ` 168 41411145 3 408.114 02 2 70) 40 1 2 .,.(117 ) 4001 '- 2 ( 169) 41411226 3 14L 408 +11401... -2 -`'. 7D 46X201.04 2 :.. N - .405 -121,02 -2:'- 170 414411 -08 3 '. Z' R 83}4F05 '2 - 71 400201•oS 2 -- A19 408.171.14 - 2 -'2 (171 414.111-09 3 �1 -- 908 -}14 04' ° 2l 74 408,201.02 2 g2ol 408- 171.13. -. 172 414111.96 3 ,22 -- 408,151.OB'. ",' 2' 74) 408.201.01 2 121 - AD9-i]1-12 '- 2 173 414- 111 -11 3 29- 40,0451 045. b (75 40613447 2 J 522L -. 408. 171 =15 - -,2 '' (174 ) 4LO!il.12 3 '(Z4Y 4OA45i-D¢, 2'' 76 40 &134.00 2 123) - 408171 D9' 2 175 414- 111 -35 3 408- 14LC11 •' 2'. 77) 40013410 2 (1211 40847116 2" - 17 6) 414421 -01 3 2b 408;141102' 2�' ,-(JAI 408134.12 2 .:.'125 408-171-00 2 -': 177) 414121 -}0 3 (27-, 400- }42102 -, 2 -. (]8A ) 93239225 2 226 408-171-11 " 2. 1,78 414121.05 3 38 401 2 " (78R ) 932-892-26 2 .(127 ) 408171 -1A - 2.- 179 414121 -06 9 HID) - 401 : 3 786 932892 -27 2 (1 41 - ,00812418 "' 2 180) 414121 -11 3 w.. - 90 408.144.61 2 I ]SD 932-892 -28 2 '128 408,12447 -. 2 _ _.. 131 414121 -13 3 "31 '. 408-144-0@ „1'.. 78C 932-89229 2 -' 136 408+ 12415 '( : 22 414-121 -15 3 - 3 - ,400444(5 ' 2 (79) 408191.01 2 m. 131) - "' 40842416 2 :: 183 414. 121 -14 3 33) 1 40414405 "'P ' (80) 408134 -01 2 ..182) - 409 +11410 2.: 184 4L4421 -09 _ 3 -. (94 408.145:01 '2 (81 408435.02 2 -1 133]y 408+12409 "2- (185 ) 414. 121 -08 3 ,31 498-145.03'. 2 - �, 82 409195 -03 2 ., :134) "408424-12- 4 -: 186 414.121 -16 3 -36' 408.145 -91 ti 83 90X195 -11 2 3 ':409 -12411 - 2' 107) 414131 -23 3 .37) 40839237 2 84 406135 -12 2 186) 468- 161 -13 2 (180) 414131 -27 3 38) -' 400352-68 '. C -. 851 40849505 2 - 137 ' 400i1E110 : 2 109 414131 -28 3 - -39) 40 &15223 2' 8E 408/3606 2 TJ4138 40&16b09.' 2 190 414131 -29 3 4A 408452 -89. 2 (87) 408. 155.07 2 '10 . -. 408-1E1 +06 2 191 414131 -26 3 41) ' 408- 191 -88 '' 2 (88 408-IM -14 2 40 408161.14' 2 ' - 192 414.13225 3 :42 - 408 -15209 3 89 408x135.13 2 - 141 408181.12 2 - 193 42143115 3 JAE) 408 -23242 1 3 (90 ) 408- 1211 2 .1421 - 460461 -11. 2 194 41415114 3 400,132-43 ','2- (91) 40813540 2 11YIS 406161.00 2 195 4L4131.13 3 45 401 ' 2 92 R 13G01 2 40616I .'2 196 414131 -56 3 45 - 40915816 2'- 93 408136,02 2 - 40616118' - 2 197 414131.57 3 - 4 - 40A-15247 2' 94 40813603 2 - 400. 161 -04' 2 198 414131-10 3 (4 4D814t�45' '2 -' 95) 408426.04 2 408161+03. 2 199 41413130 3 RI 408152•20 3 : (96 408013605 2 114 408 161 -2p .2 200 414411.54 3 50) 406 152.28 1: (97) 4061900E 2 408 16219 1 (201 414- 131.35 3 In 40945222 2 (98) 406203.01 2 40816217 2 (52) 408.192.90 2 (99) 404. 20306 2 ' 40916118 - 2 RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS OFTHE CRY OF SANTAANATHIS_DAY OF_,20_, SUPERINTENDENT GF STREETS CITY OF SANTA ANA ASUCROEO TH IS_ DAY OF _,T„ 30_, AT TH E HOUR OF O' CLOCK _M IN BOOK__ OF MARE OF ADSESOMENTAND COMMUNITY FACILITIES DISTRICTS AT PAGE _, IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. FEE_ DOCUMENT NO. ____ CLERWRECCROER COUNTYOFORANGE FILED IN THE OFFICE OF THE CITY OLEN<OFTHE CITY OFSANT:ANA, COUNTY CF ORANGE, STATE OF CALIFORNIA THIS --DAY OF 49_, CITY CLERK CRY OF SANTAANA AN ASSESSMENT LEVIED BY THE CITY COUI401L ON THE LOTS, PIECES, AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM, TI1E A58ESSAIENY WAS LEVER ON THE DAY OF D 30_; THE 106ROSMEN7 DIAGRAM AND THE ASSESSMENT ROLL WERE R SCORCH) IN THE OFFICE OF THE SUPERM7SNDENT OF STREETS OF THAT CITY ON THE DAY OF _-,-_, 20. REFERENCE IS MADE TO THEASSESSMENT ROLL RECORDED IN THE OFFICE OF THE SUPER INTENOENT OF STRE ETS FOR TH E EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SI IOWN ON THIS ASSESSM ENT OAGRAM, INDEX SHEETING 1- VICINITY MAP, ASSESSMENT DIAGRAM CERTIFICATES AND LIST OF PARCELS INCLUDED IN ASSESSMENT DIAGRAM SHEETN0, 2 -AE8E08MENT DIAGRAM ASSESSMENT REFERENCE NUMBERS I -161 VICINITY MAP SHEE71 OF'3 MICHAEL SWAN PROFESSIONAL CIVIL ENGINEER 25737 December 2015 CITY CLERK P B O M A S CITY OF SANTAANA inmIll. wwim BA }'.:aioi [�I L 55432 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) PART 5 METHODOLOGY OF ASSESSMENT SPREAD AND CERTIFICATIONS WHEREAS, on the 7th day of July, 2015, the City Council of the City of Santa Ana, Orange County, California did, pursuant to the provisions of the Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code of the State of California, adopt its Resolution of Intention No. 2015 -030 for the construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as: ASSESSMENT DISTRICT NO. 2015.01 (WARNER INDUSTRIAL COMMUNITY) (Hereinafter referred to as "Assessment District'), and, WHEREAS, said Resolution of Intention, as required by law, did direct Psomas, the appointed Assessment Engineer, to make and file a Report, consisting of the following: a. A description of the Improvements b. Plans and specifications C. An estimate of the costs and expenses d. Boundary Map and Assessment Diagram showing the Assessment District and the subdivisions of land contained therein e. Proposed assessment of the total costs and expenses of the Improvements levied upon the parcels of land within the Assessment District f. A proposed maximum annual assessment to pay the cost of administration and collection of assessments For particulars, reference is made to the Resolution of Intention attached herein. NOW, THEREFORE, I, Michael D. Swan authorized representative of Psomas, the duly appointed Assessment Engineer, pursuant to the Municipal Improvement Act of 1913, do hereby submit the following: I, pursuant to the provisions of Assessment Law and the Resolution of Intention, have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and relation to the estimated special benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto. As required by law, a Boundary Map and Assessment Diagram is herein attached as Part 4 of this Report, showing the overall boundaries of the Assessment District, as well as the boundaries and dimensions of the 15 55B -33 ASSESSMENT DISTRICT NO. 2015.01 (WARNER INDUSTRIAL COMMUNITY) respective parcels and subdivisions of land within said District as the same existed at the time of the passage of Resolution of Intention, each of which subdivisions of land, parcels, or lots respectively have been given a separate number upon said Assessment Diagram and In the Assessment Roll. 3. The subdivisions and parcels of land with the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers appearing on the Assessment Roll as contained in Appendix B. NOTICE IS HEREBY GIVEN that bonds to represent unpaid assessments and bearing interest not to exceed the current legal maximum rate of twelve percent per annum, may be issued in the manner and form provided in Part 6, Division 10, of the Streets and Highways Code of the State of California (the Improvement Bond Act of 1915), and the last installment of said bonds shall mature a maximum of twenty years from the second day of September next succeeding twelve months from the issue date of the bonds. 5, By virtue of the authority contained in the Municipal Improvement Act of 1913, and by further direction and order of the Santa Ana City Council, 1 hereby make the following assessments to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: As Preliminarily 6. The Methodology of Assessment Spread is set forth herein. Dated this �JfiK day cf -JAtJUAA- 20. % PSOMAS r A / is rio. 25737 mvbHAEL D. SWAN C 25737 Exp. t2 -31 -17 ASSESSMENT ENGINEER or G 16 55B -34 Approved As Modified Final Estimated Construction Costs $5,206,915 Estimated Contributions ($3,033,415) Estimated Financing Costs $859,915 Balance to Assessment $3,033,415 6. The Methodology of Assessment Spread is set forth herein. Dated this �JfiK day cf -JAtJUAA- 20. % PSOMAS r A / is rio. 25737 mvbHAEL D. SWAN C 25737 Exp. t2 -31 -17 ASSESSMENT ENGINEER or G 16 55B -34 ASSESSMENT DISTRICT NO. 2015-01 (WARNER INDUSTRIAL COMMUNITY) METHODOLOGY OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Assessment Law, must be based on the special benefit that the properties receive from the works of improvement. The statute does not specify the method or formula that should be used in any special assessment district proceedings, The responsibility rests with the Assessment Engineer, who is retained for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. The City of Santa Ana has retained the services of Psomas as Assessment Engineer for the project known as Assessment District No. 2015 -01 (Warner Industrial Community). The Assessment Engineer then makes his recommendation at the public hearing on the Assessment District, and the final authority and decision rests with the City Council of the City of Santa Ana. After hearing all testimony and evidence presented at that public hearing, and upon conclusion of the public hearing, the City Council must make the final decision determining whether or not the assessment spread has been made in direct proportion to the special benefits received. Analysis /Recommended Financing Mechanism The City of Santa Ana is considering using assessment financing to improve the pavement of the local, interior roadway network within the Warner Industrial Community Assessment District (WIC), The purpose of the assessment methodology is to determine the proportionate amount of the assessment to be assessed to each parcel of land based on special benefits received by each parcel. For purposes of this study the following options, which are commonly used in the public finance industry, were considered: 1. Street Frontage. The street frontage Is defined as the length of the side of a parcel that is directly adjacent to the street. The street frontage method is a direct measure of the static utilization of each parcel and its corresponding special benefit proposed from the street improvement. A common way of apportioning costs to a parcel for assessment financing is to apply the cost based on the street frontage. However, this methodology works best when the area under consideration is comprised of parcels with mostly uniform depths, so that the parcel sizes are fairly consistent with their street frontage. Examples of the size versus frontage diversity in the Warner Industrial Community (WIC) is shown in the following examples: two properties have approximately 30 feet of frontage and one is 0.5 acres and the other is 2.8 acres; another two properties have approximately 125 feet of frontage and one is 0.4 acres and the other is 1.2 acres. Also, the WIC includes parcels that take access from private access easements and therefore have no frontage on the improved roadways, but still receive special benefit from the improvements. Another issue with this methodology is that corner properties fronting on two interior streets would carry 17 55B -35 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) an additional burden based on both sides of the parcel being counted. Due to the reasons above, utilizing this method is not recommended. 2. Traffic Generation. The amount of traffic generated by each parcel is a direct measure of the special benefit received. This can be determined in terms of trips per day (average daily traffic or ADT) using industry standard factors per acre based on the land use of the parcel. A drawback to this methodology is that the actual land use of each parcel is difficult to determine and may change in the future, which is important since the bond term is anticipated to be up to 20 years. ADT does not characterize the spatial patterns of demand either. Based on the City's general plan, this area is typically industrial and /or commercial; and the ADT factors that can be utilized are typically based on employees and /or customers for industrial and commercial land use. Accurate employee counts can be generated from acreage only if specific industrial or commercial land use categories are known. Since a warehouse would generate 'far fewer trips than a manufacturing or retail -type use this poses potential problems (due to inequities) in determining the appropriate assessment. Due to the reasons above, utilizing this method is not recommended. Parcel Area. The size of a parcel (in square feet or acres) is a direct measure of current and future development capacity of each parcel and its corresponding special benefit received from street improvements. This methodology works well when there is a large diversity of parcel sizes, shapes and frontage within a specific area. The more a property can be developed, the more it specially benefits from the proposed improvements. There is a direct correlation between the size of a property and the extent to which a property may be utilized, because parcel size is one of the main limiting factors on what can be built on a specific parcel. Appendix C represents the area of each parcel within the Assessment District boundary. 4. Length of Travel Footage. The length of travel footage is defined as the length from the farthest access point of the property to the nearest major thoroughfare. The length of travel footage method is a direct measure of the actual utilization of the street improvements by each parcel and its corresponding special benefit derived from the street improvements. Appendix D represents each parcel's distance to nearest outlet on a major thoroughfare. Recommended Direct and Special Benefit Methodology Spreads For the purpose of assessing the special benefits to each parcel In the Assessment District, a combination of two components of special benefit have been identified to quantify the value of the Improvements to be received by each parcel in the District. The first component of special benefit is based on the parcel acreage and the second is length of travel along the roads to be improved by the projects this assessment is funding. 18 55B -36 ASSESSMENT DISTRICT NO. 201501 (WARNER INDUSTRIAL COMMUNITY) The first level of special benefit was assigned based on the size of the parcel (in acres) as parcel size dictates, to some degree, the size of the business, and how much employee and customer traffic it generates. The size of a parcel is an indicator of how much traffic will be generated and how much the parcel will specially benefit from the improved roadways within the District. This special benefit is assigned a value or weighting of 50% of the total assessment. See Appendix C for a diagram detailing each parcel's acreage. Some parcels are land - locked (having no driveway outlet to the streets being improved), but the potential future use of these parcels would specially benefit from the improvements of the interior roadways in proportion to the parcel size. Furthermore, many of these parcels are already being used in combination with adjoining parcels which do have access to the interior roadways, thereby specially benefiting from the improvements. A total of 29 parcels (22 north of Warner Avenue, and 7 to the south) have been identified as receiving this level of special benefit and only this level. These parcels will be charged only the acreage -based component of the assessment. The second level of special benefit was assigned based on the length of the improved street or streets over which vehicles will travel to arrive at each individual parcel, as shown on the map in Appendix D. This benefit was determined by measuring the length of travel in linear feet from the nearest major thoroughfare along one or more of the streets to be improved to the farthest driveway on a particular parcel. Longer lengths of travel contribute more to the wear and tear of the roadway than do shorter trips. This special benefit is thought to be a true measure of how much of the improved streets each particular parcel will utilize and is therefore assigned a value or weighting of 50% of the total assessment. Only parcels having direct access to the interior roadways to be improved will be assessed this component. Therefore, the special benefits will be apportioned to the parcels within the district in the following manner: Methodolo y Percentage applied Parcel Area 50% Length of Travel 50% The total amount to bond equals $3,033,415, assuming the City will contribute $3,033,415 of the total costs. Each individual parcel's allocated amount of the total amount to bond is listed in the Assessment Roll found In Appendix B. Proposition 218 mandates that "Parcels within a District that are owned or used by any Agency, the State of California, or the United States shall not be exempt from assessment, unless the Agency can demonstrate by clear and convincing evidence, that these publicly owned parcels in fact receive no benefit". Roadway parcels upon which improvements are located do not receive benefit and are not assessed. 19 55B -37 ASSESSMENT DISTRICT NO, 2015,01 (WARNER INDUSTRIAL COMMUNITY) There is one publicly owned parcel within the Assessment District which does benefit and is being assessed. Due to the multiple unrelated structures located on this parcel and their different access points to this parcel, it has been determined that only a portion of the parcel's acreage specially benefits from the roadway improvements being funded by the Assessment District. In the southern portion of the parcel, a museum and a school have access to Harvard Street, The 8.18 acres dedicated to these purposes will specially benefit from the improvements and will be assessed. The school located in the northern portion of the parcel is accessed only from Centennial Road, outside the Assessment District, and therefore receives no special benefit from the improvements of the Assessment District. The parcel's total size being 16.96 acres, 8.78 non - benefiting acres are exempted from assessment. See Appendix E for a diagram showing how the benefiting acreage of APN 408 - 021 -01 was calculated. In addition, three undeveloped parcels have been determined to be non - benefiting as they are zoned M -1, but do not meet the Planning Department's requirements for development of M -1 property. These three parcels appear on the Assessment Roll with a $0 assessment amount. In conclusion, it is my opinion that the assessments for the above referenced Assessment District have been spread In direct proportion to the special benefits each parcel will receive from the works of improvements and are for the sole special benefit of those parcels within the Assessment District. Therefore, the improvements do not result in any general benefits. Dated this %day of C IQ U�_, 20 { J H2 PS MA5 c� M r� Y � NO. 2573 / EX0.12 -31 -17 IGHAEL D. SWAN 025737 �sryT clvtU a�`"� ASSESSMENT ENGINEER f OF cP F 20 55B -38 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL, COMMUNITY) CERTIFICATIONS I, Maria D. Huizar, as Clerk of the Council of the City of Santa Ana, County of Orange, State of California, do hereby certify that the Assessments as shown on the Assessment Roll, together with the Assessment Diagram, both of which are incorporated into this report, were filed in my office on the day of 20_ Maria D. Huizar CLERK OF THE COUNCIL CITY OF SANTA ANA I, Maria D. Huizar, as Clerk of the Council of the City of Santa Ana, County of Orange, State of California, do hereby certify that the foregoing Assessments, together with the Assessment Diagram incorporated into this report, were approved and confirmed by the City Council of said City on the _ day of , 20_ Maria D. Huizar CLERK OF THE COUNCIL CITY OF SANTA ANA I, Edwin 'William" Galvez, acting as the Superintendent of Streets of the City of Santa Ana, County of Orange, State of California, do hereby certify that the foregoing Assessments, together with the Assessment Diagram were recorded in my office on the _ day of , 20_. Edwin "William" Galvez, P.E. CITY ENGINEER / SUPERINTENDENT OF STREETS CITY OF SANTA ANA 21 55B -39 ASSESSMENT DISTRICT NO, 201501 (WARNER INDUSTRIAL COMMUNITY) PART 6 PROPOSED MAXIMUM ANNUAL ASSESSMENT FOR ADMINISTRATION AND COLLECTION OF ASSESSMENTS NOTICE IS HEREBY GIVEN that a proposed maximum annual assessment of $30,000 shall be assessed, collectively, upon all parcels identified by the Assessment Roll or each of the subsequent subdivisions of land in the Assessment District, upon which there is an unpaid assessment. Allocation of the annual assessment for administration costs shall be in accordance with the Methodology of Assessment Spread as described in Part 3 of this report, Said annual assessment is to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds, Each successive billing period, the maximum annual assessment for administration and collection per assessed parcel may be increased at the rate of 10 %, on the previous year's maximum annual assessment, to account for inflation. 22 55B -40 ASSESSMENT DISTRICT NO, 2015 -01 (WARNER INDUSTRIAL COMMUNITY) APPENDIX A RESOLUTION OF INTENTION RESOLUTION NO. 2015 -030 Resolution begins on next page. 55B -41 RESOLUTION NO, 2015 -030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECLARING INTENTION TO ORDER THE ACQUISITION OR CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY); DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS 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 that the public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913 "), to order the acquisition or construction of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as Assessment District No. 2015 -01 (Warner Industrial Community) (the "Assessment District "), Section 2, The Improvements. The improvements proposed to be financed through the levy of assessments on properties within the Assessment District are described In Exhibit A attached hereto and incorporated heroin by this reference, and appurtenances and appurtenant work, all necessary for and to specially benefit properties within the boundaries of the Assessment District (collectively, the "Improvements "). The description of the Improvements contained in this Resolution is general In nature and the plans and profiles of the Improvements as contained in the Engineer's Report, (defined below) shall be controlling as to the correct and detailed descriptions thereof. All of the Improvements to be acquired or constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, to the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications, all to be made a part of the Engineer's Report. Rights -cf -way and easements, If any, required far the Improvements shall be shown upon the plans referred to herein and to be filed with these proceedings. Section 3. Description of Assessment District. The Improvements confer special benefit on the properties within the Assessment District. This legislative body hereby determines that the expenses of the acqulsltfon or construction of such Resolution No. 2016 -030 Page 1 of 8 55B -42 Improvements which reflect the special benefit to be conferred on the properties within the Assessment District from such Improvements are chargeable upon such properties. Such properties are described as follows; All of that certain territory in the proposed Assessment District Included within the exterior boundary lines shown on the map exhibiting the property specialty benefited and proposed to be assessed to pay the expenses of the acquisition or construction of the Improvements described above, such map entitled "Proposed Boundaries of Assessment District No. 2015,01 (Warner Industrial Community)," a copy of which Is attached as Exhlbit B to this Resolution. Section 4. Report of the Assessment Engineer. The proposed Improvements are hereby referred to Psomas, (the "Assessment Engineer") who is hereby directed to make and file a report as required by the Improvement Act, Article MID of the Constitution of the State of California and the Omnibus Proposition 215 Implementation Act (Government Code Section 53750) (collectively "Assessment Law ") such repert to be in writing and contain the following; A. A description of the Improvements; Plans and specifications of the Improvements sufficient to show or describe the general nature, location and extent of the Improvements; C� An estimate of the cost of the acquisition or construction of the Improvements, including the cost of the incidental expenses, in connection therewith; D. A diagram showing, as the same existed at the time of passage of this Resolution of Intention, the following; 1. the exterior boundaries of the Assessment District and any benefit areas therein; 2. the lines and dimensions of each parcel of land within the Assessment District and the Benefit Areas therein, if any; provided, however, such diagram may refer to the county assessor's maps for a detailed description of such lines and dimensions, in which case such maps shall govern for all details concerning such lines and dimensions; and E. A proposed assessment of the total amount of the costs and expenses of the proposed Improvements upon the several divisions of land in the Assessment District and 'the benefit areas therein, if any, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by such Improvements. Such assessment shall refer to such subdivisions upon such diagram by the respective numbers thereof. Resolution No. 2015 -030 Page 2 of 8 55B -43 F. A proposed maximum annual assessment upon each of the several subdivisions of land in the district to pay the costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. When any portion or percentage of the assessable costs and expenses of the construction of the Improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of such construction, and such assessment shall include only the remainder of the estimated costs and expenses. Section 5, Financing of the Improvements. NOTICE IS HEREBY GIVEN that the City proposes to -finance the cost of the Improvements, including the cost of the incidental expenses, in connection therewith through the issuance of bonds (the "Improvement Bonds ") pursuant to the "Improvement Bond Act of 1915" (the "Bond Act "), Division 10 of the Streets and Highways Code of the State of California. The payment of the debt service on the Improvement Bonds shall be secured by the unpaid assessments within the District or the Benefit Area for which such series of the Improvement Bonds have been Issued pursuant to the provisions of the Improvement Act and the Bond Act. The provisions of Part 11.1 of the Bond Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply to the Improvement Bonds. The principal amount of each series of the Improvement Bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of such series, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that Is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Section 6. Assessment Law, Except as may otherwise be provided for in the issuance of the Improvement Bonds described above, all of the Improvements shall be constructed pursuant to the provisions of the Assessment Law. Section 7. Surplus Funds. If any excess shall be realized form the assessment, it shall be used in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the General Fund, provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000,00) or five percent (5 %) of the total from the Improvement Fund; Resolution No. 2015.030 Page 3 of 8 55B -44 As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the Improvements; or D. To call Improvement Bonds. Section 8. Improvement Fund. The legislative body hereby establishes a Special Improvement Fund identified and designated by the name of this Assessment District, and into such Fund monies may be transferred at any time to expedite the acquisition or construction of the Improvements, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. Section 9. Grades. Notice is hereby given that the grade to which the work shall be done is to be shown on the plans and profiles therefor, which grade may vary from the existing grades. The work herein contemplated shall be done to the grades as indicated on the plans and specifications, to which reference is made for a description of the grade at which the work is to be done• Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. Section 10, Proceedings Inquiries, For any and all information relating to these proceedings, including Information relating to protest procedure, your attention is directed to the person designated below: FRED MOUSAVIPOUR EXECUTIVE DIRECTOR PUBLIC WORKS AGENCY CITY OF SANTA ANA 20 CIVIC CENTER PLAZA (M -21) SANTA ANA, CALIFORNIA 92701 (714) 647 -5662 Section 11 • Public Property. All public property shall be subject to assessment In these proceedings unless otherwise expressly provided and listed herein. Section 12. Acquisition. The public Interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the Improvements as proposed for this Assessment District to be accomplished. The Engineer's Report, upon adoption, shall set forth general description of the location and extent of easements and/or° land necessary to be acquired. Section 13. Contribution. The City of Santa Ana intends to provide a contribution of revenues, not otherwise prohibited by law, to the acquisition and construction of the Improvements and the payment of expenses incidental thereto. Section 14. No City Liability. This legislative body hereby declares not to obligate itself to advance available funds from the Treasury to cure any deficiency that may occur in the bond redemption fund, This determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways Code of the State of Ronlutlon No. 2015 -030 Page 4 of 8 55B -45 California, and such determination shall further be set forth in the text of the bonds Issued pursuant to the Bond Act. Section 15, Annual Administrative Assessment. It Is hereby declared that this legislative body proposes 'to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and their related funds. Section 16. This Resolutlon 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 7" day of July, 2015. APPROVED AS TO FORM: Sonia R, J�arvalho, City Attorney Attorney AYES: Council members: Amezcua Benavides Martinez Pulido Sarmiento Tinalaro (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers; None (0) NOT PRESENT: Councilmembers: Revna (1) Resolutlon No. 2015 -030 Page 5 of ft 55B -46 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -030 to be the original resolution adopted by the City Council of the City of Santa Ana on July 7, 2015. Date: / s c. " c r Clerk of the Council City of Santa Ana Resolution No. 2015 -030 Page 6 of 8 55B -47 EXHIBIT A Description of the Improvements Reconstruction of street pavemaiit, constraotion of curb ,ramps, repair of driveway approacltos, sidewalks, cubs, & gatters, adjustrawit of surface xtility fromw & covers, and installatiaa of pavement marldngs. Re8olufion No. 2016 -030 Page 7 of 8 55B -48 Page 8 of 8 P OF PROPOSED BOUNDARIES ASSESSMENT .5 55B -49 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) APPENDIX B ASSESSMENT ROLL Assessment Roll begins on next page. 55B -50 Q J J O Z LLI N C n 41 tF cJ n8 n m N ff tlH' . N a w m° WO' 0 10D N m o°'o ,�i l00 n i`rn m N 0 01 M O Lr C M E O fV d' H CI' M N A N m N (D (O1 R{' Ml lL1 H (S) N O fY. 5. 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V? v} � } W T H O 0o ct N lD N sp g 6 h h W 4n Ca W O Ln H N H tIl 1p h H co N N N N h cf F U O h LD 01 l6 O N O lD w h m h O LO m IT N Co m d' H L m N N 00 eF N tt N m m m m N 0 w m N m ct h L LO O m al lO N N h ti N N 0 N qp N O M Ln h N O h Llt Vl O M Lo Q H 01 M O O D -O m H CO Ln h l0 N M <D Ol N 01 h m W N O La w 't m f`_ H c} N d' O O N H � U H O H '-I sf H O O r-I Q O N O N O H O O O H ¢ <C Q 0 4` 7 �GF !71 � cn Ln w cn c�� v�,a In vl In � � z z z u z z z z z z z z ¢ Q Q ¢ D o w Ln w w v`Yi v`Ci N vai vai N z� z� z Z z `C N U7 w .� Ln ti Ln Ln N O N O N 0 0 0 0 C N H h H H N l0 N O Y Q Y O Y Y Y °N °�� m O o��� N�zNZ)NzzzQ ¢ M M N N M m N N N N N N O N O N 0 0� m II1 7' a a N M h 00 Ol La LA 1l1 r' M LO T 6 tl Rt M H H O tl H N N N N N N H rl H u1 to N N N ul N L-i N W H rl vi N ri H H N N N M H N ti N H N N N N N M M M M M M M M M M M M M M M H H H H H rI H H H H H H ei H ci H H .-I N H N H �:t-1 N M � V L h 2 m O H N M� w, h m m O H �v x 000 H H m m m m m m w m m 0 0 55B -57 C O_ 00 if N O Ip a a m 00 O C u N � s m u co N W N co O N N ch � VT � � Q E N o c E N v m w a o U a — 6 m '3 a6 o m 0 ro w h x � m C z > C 0 v v0 O O = C U 0 C ro u v H O i9 v vof t0 c0 U 4 N. o � o c v E N 0 v y v N t0 a 0�0 4= o) C 4 C O Z u h Q h ul Lu1 a ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) APPENDIX C ASSESSMENT DIAGRAM /Parcel Acreage Parcel Acreage Diagram begins on next page. 55B -58 55B -59 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) APPENDIX D ASSESSMENT DIAGRAM /Distance of Travel Distance of Travel Diagram begins on next page 55B -60 55B -61 ASSESSMENT DISTRICT NO. 2015.01 (WARNER INDUSTRIAL COMMUNITY) APPENDIX E CALCULATION OF BENEFITING ACREAGE APN 408021 -01 Calculation of Benefiting Acreage begins on next pace, 55B -62 Museum parcel = 468'x310'= 145,080 sf = 3.33 acres Mitchell School = 383'x389'+ 166'x153' + 168'x166'/2 + 381'x12172 = 211,380 sf = 4.85 acres 55B -63 55B -64 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ESTABLISHING LOCAL PROCEDURES TO IMPLEMENT REQUIREMENTS OF ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT APPLICABLE TO ASSESSMENT BALLOT PROCEEDINGS WHEREAS, Proposition 218 was approved by the voters of the State of California on November 6, 1996 and thereby adopted adding Article XIIIC ( "Article XIIIC") and XIIID ( "Article XIIID ") to the Constitution of the State of California; and WHEREAS, Article XIIID imposes certain procedural and substantive requirements applying to the levy of a new assessment (as defined), the increase of an existing assessment or the extension of an existing assessment; and WHEREAS, the legislature subsequently enacted the Proposition 218 Omnibus Implementation Act (Government Code Sections 53750 and following) (the "Proposition 218 Omnibus Implementation Act") to prescribe specific procedures and parameters for local jurisdictions in complying with Article XIIIC and XIIID; and WHEREAS, the City Council believes it to be in the best interest of the community to establish local procedures applicable to the City of Santa Ana (the "City ") to implement the requirements of Article XIIID and the Proposition 218 Omnibus Implementation Act applicable to assessment ballot proceedings. NOW, THEREFORE, be it resolved by the City Council of the City of Santa Ana as follows: Section 1. Statement of Legislative Intent. It is the intent of the City Council in adopting this resolution to adopt local procedures for conducting assessment ballot proceedings that implement and supplement the requirements of Article XIIID and the Proposition 218 Omnibus Implementation Act in order to facilitate the undertaking of such assessment ballot proceedings. It is the further intent of the City Council that such local procedures be consistent and in compliance with such requirements. These procedures are not intended to supersede or circumvent the requirements of Article XIIID and the Proposition 218 Omnibus Implementation Act. Section 2. Scope of Procedures. The procedures established by the adoption of this Resolution apply to any assessment ballot proceeding undertaken by the City to consider the levy of an "assessment" as such term is defined in Section 2(b) of Article XIIID and Government Code Section 53750(b), the increase of an existing assessment or the extension of an existing assessment. EXHIBIT 3 Resolution No. 2016 -XXX Page 1 of 6 55B -65 Section 3. Assessment Ballot Proceedings. The following procedures shall apply to assessment ballot proceedings as described in Section 2 above: A, Notice of Public Hearing and Assessment Ballot Proceedings. The following procedures shall apply to any notice of public hearing and assessment ballot proceedings (the "Notice ") required to be given pursuant to Article XIIID and the Proposition 218 Omnibus Implementation Act: 1. The "record owner" of each "identified parcel' shall be determined. A "record owner" means the owner of an identified parcel whose name and address appears on the last equalized secured property tax assessment roll (the "Tax Roll "), or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of such entity as known to the City Manager of the City (the "City Manager ") or the City Clerk of the City (the "City Clerk "). An "identified parcel' means a parcel of real property that the City has identified as having a special benefit conferred upon it and upon which an assessment reflecting such special benefit is proposed to be levied or an existing assessment reflecting such special benefit is proposed to be increased or extended. 2. Prior to levying a new assessment or increasing an existing assessment, Notice shall be mailed, postage prepaid, to each record owner at least forty five (45) days prior to the date set for the public hearing. If an identified parcel has more than one record owner, a Notice shall be sent to each such record owner. 3. The Notice given in any assessment proceedings pursuant to this section and in accordance with Article XIIID and the Proposition 218 Omnibus Implementation Act shall supersede and be in lieu of any statutory provisions requiring notice to levy a new assessment or to increase or extend an existing assessment, including but not limited to the notice required by the state statute authorizing the City to levy an assessment or increase or extend an existing assessment and Government Code Section 54954.6. 4. A Notice shall be given through a mailing, postage prepaid, deposited in the Unites States Postal Service and shall be deemed to have been given when such Notice is so deposited. Failure of any record owner to receive Notice given pursuant to this section and in accordance with Article XIIID and the Proposition 218 Omnibus Implementation Act shall not invalidate the assessment ballot proceedings for which such Notice was given. 5. The cost of giving Notice may be included as a cost of the assessment district for which such Notice is provided. Resolution No. 2016 -XXX Page 2 of 8 55B -66 B. Assessment Ballots. The following procedures shall apply to any assessment ballot required to be provided in any assessment ballot proceeding pursuant to Article XIIID and the Proposition 218 Omnibus Implementation Act: 1. Any assessment ballot shall comply with the requirements of Article XIIID, the Proposition 218 Omnibus Implementation Act and this section. An assessment ballot required to be provided in any assessment ballot proceeding shall be mailed, together with the Notice of such proceeding, to all record owners. 2. All assessment ballots must be sealed In the assessment ballot envelope provided with the assessment ballot and returned in such assessment ballot envelope, 3. Each assessment ballot envelope must contain a statement thereon to be signed under penalty of perjury by the person completing the assessment ballot declaring that such person is a record owner or a legally authorized representative of a record owner of the parcel to which the assessment ballot applies. Examples of legally authorized representatives include, but are not limited to, a trustee for a parcel that is owned in trust, a corporate officer authorized pursuant to corporate by -laws or resolution to act on behalf of a corporation as to a parcel owned by such corporation, a general partner authorized pursuant to a partnership agreement to act on behalf of a partnership as to a parcel owned by such partnership. Assessment ballots that are not signed shall not be tabulated. Only assessment ballots with original signatures will be accepted and tabulated. Photocopies of assessment ballots without an original signature will not be accepted and will not be tabulated. 4. All assessment ballots must be sealed in the assessment ballot envelope provided with the assessment ballot and returned in such assessment ballot envelope. All assessment ballots must be returned by mail or otherwise delivered to the City Clerk at the address (the "Return Address ") specified on the assessment ballot or at the site of the public hearing pertaining to the assessment ballot proceedings. Regardless of the method of delivery, all assessment ballots must be received by the City Clerk not later than the date and time specified in the Notice (the "Assessment Ballot Receipt Deadline "). The Assessment Ballot Receipt Deadline shall be the date and time of the conclusion of the public testimony at the public hearing pertaining to such assessment ballot proceedings. The Notice shall provide that if the public hearing is continued to a date and subsequent to the data and time set forth in the Notice that the Assessment Ballot Receipt Deadline shall also be continued to such subsequent date and time without further notice to the record owners. Resolution No. 2015 -XXX Page 3 of 8 55B -67 Assessment ballots received by the City Clerk after the Assessment Ballot Receipt Deadline shall not be tabulated. This rule applies to assessment ballots returned by mail in an envelope that is postmarked prior to the Public Hearing Closure but are actually received by the City Clerk after such date and time. All assessment ballots shall remain sealed and in the custody of the City Clerk until such assessment ballots are tabulated. The contents of an assessment ballot are not subject to inspection or disclosure until the tabulation of the assessment ballots, At any time prior to the Assessment Ballot Receipt Deadline, however, an assessment ballot may be withdrawn or changed and resubmitted by the person who signed the assessment ballot. 5. The City Clerk may issue a replacement assessment ballot to any record owner whose original assessment ballot is lost or destroyed. Any such replacement assessment ballot shall be clearly marked as a replacement ballot and shall be accompanied by sufficient information to enable the Tabulation Official (defined below) to verify the location and ownership of the property in question and the identity of the person completing and signing the replacement assessment ballot in order to verify its authenticity. 6. If a person other than the record owner of a parcel claims to be the legal owner of such parcel, such person may submit a current preliminary title report, current policy of title insurance or court order evidencing such person's ownership interest in such parcel to the Tabulation Official prior to the time and place of the public hearing pertaining to the applicable assessment district proceeding. The Tabulation Official shall be under no duty to obtain or consider any other evidence of ownership of such parcel. The Tabulation Official shall make a determination of the ownership of such parcel and the decision of the Tabulation Official shall be final and conclusive. If the Tabulation Official determines that such person is the legal owner of such parcel, the Tabulation Official shall mail a replacement assessment ballot to such person or, if the Tabulation Official is not the City Clerk, the Tabulation Official shall direct that the City Clerk mail a replacement ballot to such person. 7. The failure of a record owner or legal owner, if other than the record owner, of an identified parcel to receive an assessment ballot mailed pursuant to the provisions of Section B. above shall not invalidate the assessment ballot proceedings. 8. An assessment ballot procedure does not constitute an election or voting for purposes of Article II of the California Constitution or of the Elections Code. Resolution No. 2016 -XXX Page h of 6 55B -68 C. Tabulation of Assessment Ballots. The following procedures shall apply to the tabulation of assessment ballots in any assessment ballot proceeding pursuant to Article XIIID and the Proposition 218 Omnibus Implementation Act: 1. The City Council shall designate an impartial person to tabulate the assessment ballots ( "Tabulation Official "). An impartial person is a person who does not have a vested interest in the outcome of the proposed assessment and may include, but is not limited to, the City Clerk. 2. The tabulation of the assessment ballots shall take place in an open and public area. 3. The Tabulation Official shall determine the validity of all assessment ballots. The Tabulation Official shall accept as valid all assessment ballots except: a. A photocopy of an assessment ballot which does not contain an original signature; b. An unsigned assessment ballot; c. An assessment ballot received by the City Clerk after the Assessment Ballot Receipt Deadline; d. An assessment ballot which is not marked with an identifiable "yes" or "no'; or e. An assessment ballot which appears tampered with or otherwise invalid based upon its appearance, method of delivery or other circumstances known to the Tabulation Official. The decision of the Tabulation Official, made following consultation with the City Attorney and bond counsel, if any, shall be final and shall not be subject to appeal to the City Council. 4. In the event that the Tabulation Official receives an assessment ballot from more than one of the record owners of an identified parcel the amount of the assessment proposed to be levied upon such parcel shall be allocated by the Tabulation Official to each assessment ballot received in proportion to the respective record ownership interests or, if the ownership interests are not shown on the record, as established to the satisfaction of the Tabulation Official by documentation provided by those record owners. 5. During and after the tabulation of the assessment ballots, the assessment ballots shall be treated as disposable public records, as defined in Government Code Section 6252. Resolution No, 2016 -XXX Page 5 of 8 55B -69 6. The City Council may, in its sole discretion, designate an impartial observer or observers to observe the tabulation and may request that such impartial observers report to the Tabulation Official any irregularities observed in the tabulation of the assessment ballots. The Tabulation Official shall consider any reports of such irregularities and may consult with the City Attorney and bond counsel, if any, regarding such reports. The decision of the Tabulation Official regarding any reports of such irregularities shall be final and conclusive. 7. Following the completion of the tabulation of the assessment ballots, the Tabulation Official shall report the results of the tabulation to the City Council. If there is a majority protest to the levy of a new assessment or the increase or extension of an existing assessment, the City Council shall not levy, increase or extend such assessment. Unless otherwise defined by applicable law, a "majority protest" exists if the assessment ballots received by the City Clerk prior to the Assessment Ballot Receipt Deadline, and not withdrawn, in opposition to a proposed assessment exceed the assessment ballots received by the City Clerk prior to the Assessment Ballot Receipt Deadline, and not withdrawn, in favor of such assessment, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was received. D. Public Hearing. The following procedures shall apply to the public hearing required to be conducted in any assessment ballot proceeding pursuant to Article MID and the Proposition 218 Omnibus Implementation Act: - 1. The City Council shall conduct a public hearing at the time, date and place specified in the applicable Notice. At such public hearing, the City Council shall consider all objections or protests, if any, to the proposed assessment. 2. At such public hearing, any interested person shall be permitted to present written and/or oral testimony. The City Council may impose reasonable time limits on both the length of the entire public hearing and the length of each interested person's oral testimony. 3, The City Council may continue the public hearing from time to time. Section 4. Effective Date. This resolution and the procedures contained herein shall become effective immediately upon the passage of this resolution and shall apply to any assessment ballot proceeding initiated on or after the date of the adoption of this resolution, including but not limited to the assessment ballot proceedings pertaining to proposed Assessment District No. 2015 -01 (Warner Industrial Community). Resolution No. 2018 -XXX Page 6 of 8 55B -70 ADOPTED this 19th day of January, 2016. APPROVED AS TO FORM: Sonia R.,,Carvalho, City Attorney Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55B -71 Resolution No, 2016 -XXX Page 7 of S CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 110113 Clerk of the Council City of Santa Ana 55B -72 Resolution No. 2016 -XXX Page 8 of 8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: AMENDMENT TO DEPUTY CITY MANAGER CLASSIFICATION AND COMPENSATION PLAN (STRATEGIC PLAN NO. 7,6) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended As Amended d Ordinance on 1't Reading [] Ordinance on 2nd Reading n implementing Resolution ® Set Public Hearing For CONTINUED TO FWWWRENART40 Adopt a resolution that reestablishes the Basic Classification and Compensation Plan for classifications of employment designed as unrepresented Executive Management and amends the Fiscal Year 2015 -16 Annual Budget. DISCUSSION In 2014 and again in 2015, the Personnel Services Department conducted recruitments to hire a Deputy City Manager. In both cases, it was determined that the recruitments did not produce a sufficient number of satisfactory candidates to make a selection. As a result, the Personnel Services Department conducted a review of the duties, responsibilities and compensation assigned to the Deputy City Manager job classification (Exhibit 1). This analysis indicated that Santa Ana's classification is undercompensated in relation to similar positions in eleven comparable cities. As this position is instrumental to the effective management of City operations, the salary rate assigned to this classification must be competitive in the labor market to attract and retain candidates. Therefore, the City Manager is requesting a 10% equity increase for Deputy City Manager in order to attract the highest quality candidates in subsequent recruitments and establish a compensation level commensurate with comparable classifications in agencies of similar size and complexity. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #6 - (Provide a positive workplace environment that supports the health of its employees and celebrates its success and Goals). 55C -1 Amendment to Deputy City January 19, 2016 Page 2 FISCAL IMPACT Manager Classification and Compensation Plan The total cost for the proposed increase assuming an effective date of February 1, 2016 is $8,900 for the remainder of the fiscal year. Funds are available in the City Manager salary accounts for fiscal year 2015 -16. APPROVED AS TO FUNDS AND ACCOUNTS: 111.. Edward S. Raya Francisco Gutierrez Executive Director Executive Director cly Personnel Services Department Finance & Management Services Agency Exhibit: 1. Deputy Manager Salary Survey 2015 55C -2 Deputy City Manager Salary Survey 2015 Ci Job Title Salary Comments Anaheim Deputy City Manage- 20,605.00 Long Beach Asst City Manager 20,004.00 LB also has lower -level DCM Riverside Asst City Manager 19,361.00 3 positions each wl assigned depts, some hands -on work. Oakland Asst City Admin 18,601.00 Oakland also has lower -level DCM Irvine Asst City Manager 18,448.00 Oversees assigned depts Huntington Beach Asst City Manager 18,068.00 Oversees assigned depts Newport Beach Deputy City Manager 17,767.00 Fresno Asst City Manager 17,625.00 Fresno also has lower -level DCM Sacramento Deputy City Manager 17,003.00 San Bernardino Deputy City Manager 16,851.00 Santa Ana Deputy City Manager Managerl 16,526.00 Stockton Deputy City Mgr 111 16,320.00 Avg (minus SA)l 18,241.0018anta Ana salary is 9.4% below average RECOMMENDATION: Increase salary 10% New salary range top step: $18,470 55C -3 Attachment 1 55C -4 LAR 1/19/16 RESOLUTION N0, 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015 -026 TO PROVIDE AN INCREASE IN SALARY FOR THE UNREPRESENTED EXECUTIVE MANAGEMENT CLASSIFICATION OF DEPUTY CITY MANAGER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On June 16, 2015, the City Council passed and adopted Resolution No. 2015 -026 amending and re- establishing the Basic Classification and Compensation Plan for all Full -Time and Part -Time Classifications of Officers and Employees of the City of Santa Ana. C. On December 15, 2015, the City Council adopted Resolution No. 2015- 069 which amended Resolution No. 2015 -026 by revising the Executive Management Salary Schedule. D. The City Council has amended and reestablished the Basic Classification and Compensation Plans on numerous occasions since its adoption. E. Based on a labor market compensation study, the City Manager proposes providing a market median parity adjustment to the Deputy City Manager Classification to ensure that the City attracts qualified applicants and retains qualified incumbents in this position. F. It is now desired to amend Council Resolution No. 2015 -026, as amended, and the Annual Budget for fiscal Year 2015 -2016 as set forth in Ordinance No. NS -2878, as amended, in order to effect these changes, as shown below: Section 2: The Santa Ana City Council amends Resolution No. 2015 -026, Exhibit A, Section 1, Paragraph B entitled Schedule of Salaries [for Executive Management classification], to adjust the salary rate range for the classification of Deputy City Manager (EM) as set forth below: Resolution 2016 - Page 1 of 3 55C -5 Classification Title 15 -Step Salami Rate Range (SRR) Effective 711/15 FROM Monthly Salary TO Monthly Salary SRR Min -Max SRR Min -Max Deputy City Manager (EM) EM -41 ($12140- $17152) EM -44 ($13070- 18471) Section 4: That except as amended by this Resolution, all other provision of Resolution No. 2015 -026, as amended, shall remain in full force and effect. Section 5: This Resolution shall be operative immediately upon adoption by the City Council. ADOPTED this 19th day of January, 2016, APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:?� Laura A. Rossini Senior Assistant City Attorney AYES: Councilmem NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution 2016 - Page 2 of 3 Miguel A. Pulido Mayor 55C -6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2016 - to be the original City of Santa Ana on January 19, 2016. Date: do hereby attest to and certify the attached resolution adopted by the City Council of the 55C -7 Clerk of the Council City of Santa Ana Resolution No. 2016 - Page 3 of 3 55C -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: RESOLUTION AND APPROPRIATION ADJUSTMENT ACCEPTING ADDITIONAL FY 2015 HOMELAND SECURITY GRANT PROGRAM FUNDS (STRATEGIC PLAN NO. 1, 2, & 6) r CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on tat Reading ❑ Ordinance on 2 "d Reading ® Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager, and the Chief of Police, or his designee(s) to amend the current agreement with the State of California Governor's Office of Emergency Services for the FY 2015 Urban Areas Security Initiative funding program to accept additional funding in the amount of $565,000. 2. Accept additional FY 2015 Urban Areas Security Initiative funds in the amount of $565,000 in revenue account (no. 12514002- 52001) and appropriate same to expenditure accounts in the respective fiscal year(s). DISCUSSION The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti - terror equipment, planning, training, exercises and technical assistance. In FY 2006 the United States Department of Homeland Security combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area, The City of Santa Ana will continue to be designated as an Urban Area Core City and will share grant administrative responsibilities with the City of Anaheim. In September of 2015 the City of Santa Ana was awarded $4,400,000 in UASI grant funds. In December of 2015, the California Office of Emergency Services (CalOES) identified the City of Santa Ana to receive additional FY2015 Homeland Security Grant Program (HSGP) funds in the amount of $565,000 for use in supporting the Orange County Intelligence Assessment Center (OCIAC). 55D -1 Homeland Security Grant Program January 19, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #2 (Broaden communications, information sharing and community awareness of public safety activities.), and Objective #6 (Enhance Public Safety integration, communications and community outreach.) FISCAL IMPACT Additional FY 2015 Urban Areas Security Initiative funds in the amount of $565,000 will be budgeted in revenue account (no. 12514002- 52001) and the appropriated to expenditure account (nos. 12514407 - various); allocated by fiscal year as follows: FY 2015 -16 $0 FY 2016 -17 $414,333 FY 2017 -18 $150,667 Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 55D -2 I 1.19.16 RESOLUTION NO.2016 -XXX 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 AMEND THE CURRENT AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE FY2015 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM TO ACCEPT ADDITIONAL FUNDS AND APPRORPIATION ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism. B. In FY 2006 the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY 2015 the City of Santa Ana is the lead administrative agency for UASI funding. C. The City of Santa Ana was awarded funding from the California Governor's Office of Emergency Services for the fiscal year 2015 UASI in the amount of $4,400,000 which it accepted by way of City Council Resolution No. 2015 -053 dated September 15, 2015. D. The City of Santa Ana was recently notified that additional funds have been awarded from the California Governor's Office of Emergency Services for the fiscal year 2015 UASI in the amount of $565,000 ($265,000 of UASI funds and $300,000 of SHSP funds). Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designee(s) to amend the Exhibit I 55D -3 Resolution No. 2016 -M Page 1 of 3 current agreement with the State of California Governor's Office of Emergency Services for the FY 2015 Urban Areas Security Initiative funding program to accept additional funding in the amount of $565,000. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Attorney's Office 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 with respect to the additional funds. Section 4. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2015 Urban Area Security Initiative in the additional amount of $565,000 and appropriates same in the FY 2015 Urban Area Security Initiative Program Grant expenditure accounts. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of January, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: MQx t 7i a _ t.rt Laura A. Rossini Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor Resolution No. 2016 -XXX 55D -4 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Coun City of Santa Ana Resolution No. 2016 -XXX 55D -5 Page 3 of 3 55D -6 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES ' e EINiT Cal OES GRANTAWARD # 2015 -SS -00078 Federal Grant# EMW- 2015 -SS- 00078 -S01 FIPS# 059 -95010 Amendment# 1 Project # N DUNS# 04- 432 -9993 Recipient Performance Period 09/01/15 to 05/31/18 This amendment is between the California Governor's Office of Emergency Services, hereafter called Cal OES, and the Grant Recipient: Anaheim /Santa Ana IIASI The Recipient agrees to the amendment of this Grant Award Agreement as specified below: Increase 2015 Anaheim /Santa Ana UASI award from $4,400,000 to $4,965,000 by adding $265,000 of UASI funds and $300,000 of SHSP funds. Exhibit 2 Grant Award Amendment —Cal OES 2.213 (Revised, 8/14) 55D -7 Y , A Recipient (Certification and Signature of Authorized Agent) B Authorized Signature) Date Printed Name Title Address Governor's Office of Emergency Services (For Cal OES use only) By Director or Designee Date Printed Name Title -Amount Encumbered bythis Document Prior Amount Encumbered Fund Source Chapter Statute— Fiscal Year Total Amount Encumbered to Date PCA It Project 4 CFDA# I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. Signature of Cal DES Fiscal Officer Date Exhibit 2 Grant Award Amendment —Cal OES 2.213 (Revised, 8/14) 55D -7 Y , A 55D -8 REQUEST FOR COUNCIL ACTION JANUARY 19, 2016 TITLE: APPOINT MEMBER TO THE ORANGE COUNTY VECTOR CONTROL BOARD {STRATEGIC PLAN NO. 5, 11 f/2� 4� CITY MANVER / RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-1521-007AW ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Select a member to the Orange County Vector Control and appoint for either a two (2) or four (4) year term expiring in January of 2018 or 2020. DISCUSSION The Mayor and City Council represent the City's interest in regional issues by serving on a number of regional boards which make public policy decisions in the areas of transportation, water resources, fire services, government facilities and vector control. In 2013 the City Council appointed Cecilia Aguinaga, a resident, to represent the City of Santa Ana on the Orange County Vector Control. Ms. Aguinaga's current term expired on January 4. 2016. On December 15, 2015 the City Council elected to open up the nomination process to City residents. The Clerk of the Council Office prepared a notice of vacancy and posted on the City's Facebook page, City's website, bulletin boards at City Hall, and released as Nixle alert. The application deadline was January 11, 2016 and as of said deadline received applications from Cecilia Aguinaga, Michelle Leon and Isis Calvario. Their applications were routed to City Council for review and consideration prior to this action. A summary of duties, responsibilities, compensation and requirements are attached in the Notice to Residents. Orange County Vector Control Background The Orange County Mosquito and Vector Control District (District) is a special district and is one of over 100 agencies statewide specifically dedicated to protecting public health by controlling rats, flies, mosquitoes, Red Imported Fire Ants and other vector related problems. The District was formed in 1947, originally as the Orange County Mosquito Abatement District, in accordance with local authority provided by the Mosquito Abatement Act of 1915 and further 60A -1 Appointment of Member to the Orange County Vector Control January 19, 2016 Page 2 supported by the California Health and Safety Codes. The District was responsible for protecting the growing population of Orange County from mosquitoes and mosquito -borne diseases. In 1975, the Orange County Board of Supervisors conducted an efficiency study that concluded that the District could effectively assume the responsibility for comprehensive vector control. Consequently, fly and rat control, formerly part of the Orange County Health Department, was transferred to the District. At that time the name of the District was changed to the Orange County Mosquito and Vector Control District. In 2004, the District reestablished a Red Imported Fire Ant program after the State stopped funding the program they had established in 2000. Operation of the District is overseen by a Board of Trustees comprised of 35 members, each appointed by their city of residence (34) with one member representing the County. Trustees are appointed for terms of two or four years. The current budget approved by the Board of Trustees supports District activities in providing vector control services to County residents. Funding also supports education programs on vectors that are presented by staff at school and civic group meetings. The District also has printed material available to the public upon request that describes what citizens can do to keep their homes and property free of rats, flies, and mosquitoes, Red Imported Fire Ant, and pests that may be found around the yard and inside the home. 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 Exhibit: 1. Notice to Residents 2. Orange County Vector Control Correspondence, October 27, 2015 60A -2 CITY OF SANTA ANA NOTICE TO RESIDENTS: CITY COUNCIL ACCEPTING APPLICATIONS FOR CONSIDERATION AND APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL APPLICATION DEADLINE: JANUARY 11, 2016 The City of Santa Ana encourages residents to become involved in your community. One way to do so is to serve in an advisory capacity on one of the City's various boards and commissions. The City is now accepting applications to fill a seat on the Orange County Vector Control. Below is a summary of the position including duties, compensation, and requirements Minimum Requirements Must be a registered voter and not serve as a treasurer of a political action committee. Term of Appointment Board of Trustee appointed member will serve a two or four year term, as approved by the City Council. Responsibilities The District maintains a small but highly trained unit responsible for the prevention, elimination or control of mosquitoes and other arthropods known to be potential carriers of infectious diseases, or presenting a public nuisance. The Board of Trustees is responsible for hiring an administrator to organize and carry out an effective control program, and to develop a budget adequate to staff and support the program. For additional information on OC Vector Control budget, programs, and services visit their website at http : / /www.ocvcd.orci /contactUs.i:)hr) Meetings The Board of Trustees meet at 3:00 p.m. on the third Thursday of every month at the Mosquito and Vector Control District of Orange County headquarters located at 13001 Garden Grove Blvd, Garden Grove, CA 92843 Exhibit I 60A -3 Compensation $100 per meeting. Application Process Submit your completed application to the Clerk of the Council Office by Monday, January 11, 2016. Application may be downloaded from the City's website (http://www.santa- ana.org/coc/ documents/ ApplicationandCertificationforEthicsCode .pdf); at the Clerk of the Council Office, 20 Civic Center Plaza, 8t" Floor, Santa Ana, CA 92701; or by calling (714) 647 -6520 and one will be mailed to you. Please note that our office hours are Monday through Thursday and alternate Fridays from 8 a.m. to 5 p.m. 60A -4 BOARD OFFICERS FOR 2015 PRESIDENT JOE CARCHIO VICE-PRESIDENT CONSTANCE M. UNDERHILL SECRETARY OR ALLAN BERNSTEIN 2015 FFI`M! - DISTRICT MANAGER 2 - 13001 GARDEN GROVE BOULEVARD GARDEN GROVE, CA 92843 -2102 PHONES: (714) 971 -2421 (949) 654 -2421 FAX: (714) 971 -3940 ocvcd @ocvcd.org ocvcd.org facebook.com/ocvectorcontrol twitter.comlocvector Santa Ana City Council October 27, 2015 BOARD OF TRUSTEES -2015 City of Santa Ana ALISO VIEJO PHILLIP B. TSUNODA 20 Civic Center Plaza ANAHEIM LUCILLE KRING Santa Ana, CA 92702 BREA CECILIA HUPP BUENAPARK COSTA MESA AwR Dear Mayor and Council Members: SANDRA GENIS CYPRESS BERRY The term of office of your representative, Ms. Cecilia Aguinaga, will expire on January DANA POINT CARLOS N. OLVERA 4, 2016 at 11:59 A.M. As you know, Ms. Aguinaga was first appointed in November FOUNTAIN VALLEY CHERYL BROTHERS 2010, and since her appointment she has attended 53 of the 60 meetings held for an 88 FULLERTON P g JAN M. ORV GARDEN GROVE percent record of attendance. ROBIN MARCARIO "G JOECAROC AC" Hio The qualifications for your representative on the Board of Trustees are stated in Section RVLYYNNSCHOTT 2022 of the California Health and Safety Code as follows: LA HABRA JAMES GOMEZ LA SALM HWANGBO "Section 2022. (b) Each person appointed by a city council to be a member of LATONII ISEMAS a board of trustees shall be a voter in that city and a resident of that portion of LAGUNAHILLS �y BARBARA KOGERMAN the city that is within the district." LAGUNA NIGUEL JERRY SLUSIEW ICZ LASHAR wooOS your representative is appointed to a two or four year term of office Section 2024 of SHARI L, ODS p pp y LAKE FOREST VACANT the Health and Safety Code) and cannot be replaced except for cause. LOSALAMITOS MISS only E o "AM -ME IA "Section 2024. (a) Except as provided in Section 2023, the term of office for DAVE NEWPORT BEACH LECKNESS a member of the board of trustees shall be for a term of two or four years, at SCOTT PEOTTER ORANGE the discretion of the appointing authority. Terms of office commence at noon MICHAELALVAREZ PL CON TANCE M. UNOERHILL on the first Monday in January." RANCHO SANTA MARGARITA SAN CLEMENTEHSON It is the Board's request that you reappoint Ms. Aguinaga, or a successor to her, for the JIM DAHL SAN JUAN CAPISTRANO next term of office, either two or four years. Once the appointment is made, please PAM SANTAANATERSON send notification to the District by mail or e-mail to: fpett .ocycd.Org. CECILIA AGUINAGA SEALBEACH MICHAEL LEVITT �r STANTON Sl Carely, ALETHANS TUSTIN DR. ALLAN BERNSTEIN VILLA PARK GREG MILLS WESTMINSTER SERGIO CONTRERAS awma Pert YORBA LINDA PEGGY HUANG Executive Assistant /Clerk of the Board COUNTY OF ORANGE ANDREW DO tep cc: Ms. Cecilia Aguinaga Exhibit 2 "An Independent Special District Serving Orange County Since 1947" The mission of the Orange County Mosqult Y®Itpr §ontrol District Is to provide the citizens of Orange County with the highest level of "I tl f m vectors and vector -borne diseases. "An Independent Special District Serving Orange County Since 1947" The mission of the Orange County Mosqult Y®Itpr §ontrol District Is to provide the citizens of Orange County with the highest level of "I tl f m vectors and vector -borne diseases. � 1 • . REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 15, 2015 TITLE: ANNUAL REVIEW OF COUNCIL COMMITTEES AND APPOINTEES (STRATEGIC PLAN NO. 5, 11 � r 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 /-/9- FILE NUMBER 1. Review current list of established Council Committees and make any changes, as needed. 2. Review current list of appointees to Council Committees and make changes, as needed. DISCUSSION On January 22, 2013 the City Council adopted Resolution No. 2013 -002 to restructure the Council Committees and establish five standing committees. Currently, we have the following committees, appointees, and standing meeting schedule: OMIVIITTEE , MEINBERS . ' I�IEETING�SGHEbU4E Development and Transportation • Benavides Quarterly Jan., April, July, Oct. Committee .Martinez •Sarmiento* s, 1 Thursday, 5:00 p.m. • Amezcua* Bi-Annual Meeting Code of Ethics and Conduct .Tinajero Spring and Fall, Thursday, 5:30 p.m. Parks, Recreation, Education & .Amezcua Quarterly Youth (PREY) Reyna Jan., April, July, Oct. & Joint Santa Ana Unified School District Council Committee ** • Tinajero* m 4 Monday, 5:30 p.m. Public Safety/ s Amezcua Every other Month Neighborhood Improvement / Code • Benavides* Jan., Mar., May, July, Sept., Nov. Enforcement (NICE) • Tinajero 4th Tuesday, 5:30 p.m. Every other Month Finance, Economic Development • Sarmiento Jan., Mar., May, July, Sept., Nov. and Technology • Martinez* 2nd Monday, 5:30 p.m. 65A -1 Annual Review City Council Committees December 15, 2015 Page 2 G6MIVIITt E ° MEMBERS MEETING SC -17iI 1LE Quarterly Legislative Committee • Sarmiento* Mar., June, Sept., Dec. • Martinez 4th Wednesday, 12 noon Note: *Chairperson * *Joint SAUSD Council Committee to meet twice a year in April & October The City Council recommended periodic review by the City Manager and the City Council to ensure that the diverse issues and challenges facing the City are adequately addressed. In the past, the Council established single purpose citizen committees, such as the Charter Review Committee, to address topical issues. The review of social service programs for Community Development Block Grant funds is also an example of a task that could be performed by a citizen committee appointed on an annual basis. Council has the discretion of revising the standing committees and /or recommending changes to appointees. The 2016 calendar of standing meetings for all committees is attached for your information (Exhibit 1). The calendar will be posted on the City's website to better inform the public of upcoming meetings. City Council Committee Meetings are held at City Hall, Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana at various times and as posted on the agenda. 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 Exhibit: 1. 2016 Calendar of Regular Meetings 65A -2 Santa Ana Council Committee Meetings Schedule 2016 FEBRUARY MARCH S M T W T F 5 5 M T W T F S 1 2 3 4 5 6 1 2 3 4 5 7 8 9 10 II 12 13 6 7 8 9 10 11 12 14 15 16 17 18 19 20 13 _ 15 16 17 18 19 21 22 23 24 25 26 27 20. 21 22 _ 24 25 26 28 29 27 28 29 30 31 APRIL MAY JUNE 5 M T W T F S S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 7 1 2 3 4 3 4 5 6 7 8 9 8 = 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17 18 = 20. 21 12 16 14 15 16 17 18 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 = 23 24 25 24 = 26 27 28 29 30 29 30 31 26 27 28 29 30 S M T W T F S ® 2 3 Ir.! "' 5 6 7 8 9 10 12 13 14 = 16 17 18 19 20 21 22 23 24,o 27 28 ® 30 31 AUGUST SEPTEMBER S M T W T F $ $ M T W T F $ 1 2 3 4 5 6 1 2 3 7 8 9 10 II 12 13 4 ® 6 7 8 91-� 10 14 15 16 17 18 19 20 11 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 a 24 28 29 30 31 25 26 Z7,., 29 30 OCTOBER NOVEMBER DECEMBER S M T W T F S S M T W T F S S M T W T F S 1 1 2 3 4 5 1 2 3 2 3 4 5 6_ 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 95 13 = 15 16 _ 18 19 11 12 13 14 15 16 17 16 17 18 19 20 = 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 _ 25 26 27 28 29 27 28 29 30 25 M 27 29 30 31 30 31 _ HOLIDAY - CRY HALL CLOSED _ CRY HALL CLOSED -9/130 WORK SCHEDULE Council Committees - $funding Meetings D., & Trans,. Council Committee - Meets Qu.ri JANUARY _ PREY - Meets Quarters _ Finance. Econ. Dev.. &Tech Committee- Meets Every other Mo. _ Legi,eive Committed - Meets Quaderly M ' Meetings fisted on calendar are REGULAR meetings. Special Meetings may be W T S 1 2 3 4 5 6 7 8 9 10 = 12 13 14 15 16 17 18 19 20 21 22 23 24 = 26 27 28 29 30 31 FEBRUARY MARCH S M T W T F 5 5 M T W T F S 1 2 3 4 5 6 1 2 3 4 5 7 8 9 10 II 12 13 6 7 8 9 10 11 12 14 15 16 17 18 19 20 13 _ 15 16 17 18 19 21 22 23 24 25 26 27 20. 21 22 _ 24 25 26 28 29 27 28 29 30 31 APRIL MAY JUNE 5 M T W T F S S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 7 1 2 3 4 3 4 5 6 7 8 9 8 = 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17 18 = 20. 21 12 16 14 15 16 17 18 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 = 23 24 25 24 = 26 27 28 29 30 29 30 31 26 27 28 29 30 S M T W T F S ® 2 3 Ir.! "' 5 6 7 8 9 10 12 13 14 = 16 17 18 19 20 21 22 23 24,o 27 28 ® 30 31 AUGUST SEPTEMBER S M T W T F $ $ M T W T F $ 1 2 3 4 5 6 1 2 3 7 8 9 10 II 12 13 4 ® 6 7 8 91-� 10 14 15 16 17 18 19 20 11 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 a 24 28 29 30 31 25 26 Z7,., 29 30 OCTOBER NOVEMBER DECEMBER S M T W T F S S M T W T F S S M T W T F S 1 1 2 3 4 5 1 2 3 2 3 4 5 6_ 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 95 13 = 15 16 _ 18 19 11 12 13 14 15 16 17 16 17 18 19 20 = 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 _ 25 26 27 28 29 27 28 29 30 25 M 27 29 30 31 30 31 _ HOLIDAY - CRY HALL CLOSED _ CRY HALL CLOSED -9/130 WORK SCHEDULE Council Committees - $funding Meetings D., & Trans,. Council Committee - Meets Qu.ri Public Safety Committee- Meets Every other Mo, _ PREY - Meets Quarters _ Finance. Econ. Dev.. &Tech Committee- Meets Every other Mo. _ Legi,eive Committed - Meets Quaderly _Code of Conduct - Meets M- Annuals ' Meetings fisted on calendar are REGULAR meetings. Special Meetings may be scheduled 24 -hours in advance Jos permitted by the Brown Act). For a copy of Agenda and meeting bcalion. pleasereferto CitY's viebsito at: hit,:// ww. vsanta- ana.arg /cac /granicus.osp 65A -3 65A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 15, 2015 TITLE: REVIEW OF REGIONAL BOARD APPOINTEES {STRATEGIC PLAN NO. 5, 1) CITY MANAGERO RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2 o Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /-/C/—/G FILE NUMBER Review the regional board appointment list and recommend changes, as necessary. DISCUSSION The Mayor and City Council represent the City's interest in regional issues by serving on a number of regional boards which make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. The City Council recommended annual review of appointees and at their discretion make necessary changes. Exhibit 1 attached is a list of current representatives, meeting dates, compensation and other pertinent information on each board. For discussion purposes, the following is a list of regional boards and appointing authority. ■ Metropolitan Water District A board member is appointed by the majority of the City Council (member does not have to be elected official). ■ Newport Bay Watershed Executive Committee A board member and alternate are appointed by the majority of the City Council. ■ Orange County Sanitation District (OCSD) Board A board member and alternate are appointed by the majority of the City Council. ■ Orange County Fire Authority (OCFA) A board member is appointed by the majority of the City Council. Selection must be authorized by resolution. 6513-1 Regional Appointments December 15, 2015 Page 2 of 2 ■ Transportation System Improvement Authorities - Orange & Tustin (TSIA) A board member and alternate are appointed by the majority of the City Council for each of the two (2) Authorities. • Southern California Association of Governments (SCAG) District #16 A board member and alternate are appointed by the majority of the City Council. Mayor may nominate representative. ■ Transportation Corridor Agencies (TCA) — Foothill /Eastern A board member and alternate are appointed by the majority of the City Council. 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. ��z rte, 1 N�2.,chi Maria D. Huizar, Clerk of the Council Exhibit: 1. List of Current Representatives 65B -2 m m � N 00 D D ODCl) to V1 en W DO O O m 0�+ ��+ <y0 a a v a �� n n ;0 »(D os O O S _I 3 7 (j) N —.0 `a s 7 N C C O 7 7 r = 0 0-0 S', _ 7 1 (D < -I 'i (D m O c c c n W w i1 to fn \ I n n D a a »O CD M. ' ' 0 M �> 0 CL v0 o o (Dw w� m O v m O (Q. 7< S S m CD CD CD :3 FD's m� D <° CD CD CD cD N N O0 (D O0 N CD N ± l 0 }f3'�r}1!Sfi�r m m D D D (D , , ra Y CD (DD (D _0 0 0 o a a a a ;xc N N N) s O i O (J1 1 O V V til Ul (Jl (11 OA N N —r a•t gar: r tez ffl 'O 0a)- A () 3 3� N 3 K N Z O N ��51"' N (n 3 N .0 (D N O X O (D X (D X O 3 3 O O y 0 0 W O O O D� N w N (D w Z-1 NO 69 W"00 �(T N �CP ID �Cc0 N � .! (� (D �> _,E ON 0O �O <N N N a y O O O 0(D F r ¢k (D (Q (O O= 0x (3D sr at '` x x a F C7 C1 Z 0 n n n n 0 0 0 n z `+ 0 0 o v o 0 0 0 o O o 0 0 Ofi c c 0 3.< c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c r 0 0 — 0 .0 0 — 0 — 0 — 0 — 0 — 0 — 0 — 0 — 0t` — g4 D) gp 0 n n n n n n Dnvcn 4 ' 0 o w o rt o 0 0 0 0 0 0 0 �o m c 0 c 0 < 0 m C 0 c 0 c 0 c 0 O c 0 0 0 0 0 ' 0 0 10 0 0 0 0 0 0 0 0 0(D �. -I 0 Z ° o Wm iWCD 3cN -om-0CD < 0-m =r CD j00 N m3�v ' O (D N O (D Ul (D 3 to m CD C (D (n O CD N x N 30 7 (D 30 7 Q rt �v .< - c (n - c N 0.0 O 0.0 0 S CW� < O N O_ -0w ! O- O� yr ii rhr T I W rn v m 0 0 7 0 0 7 0 0 O'< v v �(o r � Oo a a 0 (D 0 (D wzr v .� m m o(D (D (D o v o v 0 0 o CL 3 S O Z5 S v S (D (p (D C (D `e^ t j N —I —I O O O O ?n a c c 3 3 0 3 m a a CD SU N O N v N v6 B3 < ,p SU 3 O v w O N O 61 a Z O rD WZ OD v D m 3 W m N Lt m I REQUEST FOR , COUNCIL ACTION'' CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: SUMMARY OF FIRE SERVICES REPORT (STRATEGIC PLAN NO. 5, 1) CITY MANAGER I FK01JI'iIA►T oil 4eXT4i III [1k'I Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED D As Recommended E As Amended Ordinance on IIt Reading E] Ordinance on 2nd Reading E Implementing Resolution 7 Set Public Hearing For CONTINUED TO FILE NUMBER On February 5, 2016, the Orange County Fire Authority (OCFA) will enhance service delivery by increasing the number of paramedic units in the city from nine to twelve. The enhancement will improve service delivery and firefighter safety. The number of firefighters on duty each day will remain unchanged. This report summarizes all OCFA services and staffing provided for the benefit of the residents of the City of Santa Ana. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Dave Anderson, Division Chief Orange County Fire Authority Exhibit: 1. Summary of Fire Services Report 65C -1 65C -2 Orange County Fire Authority Summary of Services Provided City of Santa Ana Services provided by the Orange County Fire Authority to the city of Santa Ana are comprehensive and extend well beyond the basic staffing of stations. Details of our comprehensive services are discussed below. Fire Stations and Staffina (effective February 5, 2016) Fire Station Apparatus FIT FF/PM FAE FC FC /PM Total Staff 70 Paramedic Engine 1 6 3 3 2 12 71 Paramedic Engine, Paramedic Truck 6 6 6 1 6 24 72 Paramedic Engine 3 3 3 7 3 12 73 Paramedic Engine 3 3 3 2 3 12 74 Paramedic Engine 3 3 3 3 12 75 Paramedic Engine, Paramedic Truck 6 6 6 6 24 76 Paramedic Truck 3 3 3 3 12 77 Paramedic Engine 6 3 3 12 78 Paramedic Engine 6 3 3 12 79 Paramedic Engine 6 3 3 12 10 Stations 12 Apparatus 24 48 36 15 21 144 In addition to the above, OCFA has a Division Chief, Battalion Chief, Administrative Captain, Administrative Assistant, Nurse Educator, and a Fire Community Relations & Education Specialist (bilingual) assigned to serve the city of Santa Ana and the neighboring OCFA communities. Community Risk Reduction Services OCFA provides Community Risk Reduction (CRR) services to the city of Santa Ana. CRR resources dedicated to the city include an Assistant Fire Marshal, two Senior Fire Prevention Specialists, two Fire Prevention Specialists, and an office assistant. One Fire Prevention Analyst is assigned to the Building Department public counter each weekday afternoon. Most CRR services are funded by user fees and therefore do not impact the cost of services charged to the city. Staffing that is provided to all OCFA member agencies are shown below. Position Title Total Planning & Development ,Prevention Field Services Pre -Fire Management Investigation Services Deputy Fire Marshals 3 1 1 1 Assistant Fire Marshal 7 2 4 1 Fire Safety Engineer 2 1 1 Investigators/Fire Captain 7 7 Senior Fire Prevention Specialist to 3 5 2 Fire Battalion Chief 2 1 1 Fire Prevention Analyst 8 8 Fire Prevention S ecialist 15 5 9 1 Fire Prevention Services Specialist 3 3 r'.. i \, Orange County Fire Authority Management Assistant 4 2 2 Wildland Fire Defense Planner 1 1 Administrative Assistant 2 1 1 Office SuEEort Specialists 7 3 4 Total 71 28 26 8 9 The city benefits from all positions listed above through accomplishment of the following responsibilities: Planning & Development Work with the development community to facilitate safe development and ensure construction meets state and local fire and life safety requirements. Review conceptual and community designs, including special provisions for development. Review and inspect building construction and fire protection systems to ensure that the California and International Fire Code requirements are met prior to occupancy. Prevention Field Services Assist stakeholders such as businesses, partner agency staff, first responders, environmental regulatory agencies, and the general public in maintaining and enhancing safe communities. Conduct fire safety inspections, issue permits for hazardous processes, respond to public complaints of hazards, and provide emergency response information about hazardous materials for response and planning purposes. Pre -Fire Management Evaluate and analyze community risks that fall under the jurisdiction of the OCFA by evaluating and analyzing current and future fire and safety mitigation practices. Investigations Investigate or review all fires and detennine appropriate intervention strategies including follow -up to identify construction system and behavioral impacts. Provide the foundation for current and future fire prevention efforts. Special OCFA Services and Community Involvement With the combination of station, division, and fire prevention staffing, the OCFA is able to provide substantial value -added services to Santa Ana. Following is a sample of community events, city sponsored activities, and public education programs in which OCFA has participated within the city of Santa Ana. Attendance at City Council, Executive • Participation in community events such as Management, Community Linkage (Com- Link), Fiestas Patrias and SOMOS and Public Safety & Neighborhood ! Fire Station tours, Santa Ana Fire Museum, Improvement meetings and annual Open House I' Orange County Fire Authority • Education and Outreach Programs — Cooking Fires, Disaster Preparedness, Drowning Prevention, Fire Safety, and Smoke Alarms /Home Escape Plan • City Emergency Planning and Preparation • City of Santa Ana Strategic Plan • Citizens Emergency Response Teams (CERT) • School Fire Safety Programs • Fire Explorer Post #9675 • Juvenile Fire - Setter Diversion Program • Social Media - Website, Facebook, Twitter, Flickr, and Alert Orange County • Every 15 Minutes Program • Read Across America Program • Spark of Love Toy Drive • National Night Out In addition, the following are special operational services available to the city through OCFA's depth of resources: • Confined Space Rescue • Emergency Command Center /Emergency Medical Dispatching • Hazardous Materials Response Team • Heavy Rescue • Helicopter Program • High Angle Rescue • Incident Management Teams • Joint Hazard Assessment Team (JHAT) • Mass Casualty • Swift Water Rescue • Trench Rescue • Urban Search & Rescue (California Task Force Five) There is also significant administrative support and cost savings associated with OCFA management of the following activities: • Contract administration • Emergency response snapping and GIS • Equipment /supplies purchasing, inventory management, and delivery • Equipment repair and maintenance • Emergency Planning and Coordination • Facility and property management /maintenance • Fire Chaplain program • Fire Corps Volunteer program • Fire investigation services • Financial management and budgeting • Human resource services including: - Labor Negotiations - Discipline - Grievances - ADA Compliance - OSHA Compliance - Recruitment Testing /Selection • Information Technology Division • Investment management and banking • Legal counsel services • Paramedic and EMT continuing education training and continuous quality improvement . ,,•. L• Orange County Fire Authority • Payroll, Accounts Receivable and Accounts Payable • Processing of subpoenas and public infonnation requests • Risk management and Worker's compensation management • Strategic Planning Services • Training and Safety Section • Vehicle purchasing, maintenance, and repairs Statistical Summary \• , •J 2013 2014 Population Served 329,915 331,953 Dwelling Units 76,284 76,968 Emergency Responses 19,151 20,265 Unit Responses 30,304 31,182 9 -1 -1 Answer to Dispatch Time (Corn ealls/80ih Percentile) 1 :18 1:17 Turnout and Travel Time (Core culls /BOc' P.entile) 6:41 6:29 Fire Stations 10 10 Daily Staffing 48 48 Paramedic Engine Companies 5 5 PAU Engine Companies 4 4 Paramedic Tack Companies 2 2 PAU Truck Companies 1 1 Paramedic Vans 2 2 Community Outreach Events Education Programs, School She Safety Progrem, Tours, Open House 95 132 Fire Inspections High rise buildings, detention faoilho a schools (public & private), assembly occupancies (churches, testaments, bars, meeting places, theaters), apartment buildings, hazadaus occupancies, factories and large retail, high -pile storage occupancies 2,900 3,621 5 -day Plan Reviews Less complex plan reviews involving gates, extinguishing systems, fire sprinklers, sprinkler line repairs and monitorhrg systems 239 203 j 10 -day Plan Reviews 395 580 New Construction Reviews 790 886 Contract Charge $34.76M (FY 12/13) $35.22M (FY 13/14) \• , •J REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: ORANGE COUNTY TRANSPORTATION AUTHORITY'S PROPOSED 2016 BUS SERVICE PLAN (STRATEGIC PLAN NO. 5,4) w CITY MANAGER Recommended Action CLERK OF COUNCIL USE ONLY: El As Recommended ❑ As Amended El Ordinance on 1" Reading 0 Ordinance on 2"" Reading ® Implementing Resolution ® Set Public Hearing For CONTINUED TO FILE NUMBER 1. Receive and File the Proposed 2016 Bus Service Plan and 2. Consider the following additional actions: Options • Adopt a resolution of the City of Santa Ana opposing the Orange County Transportation Authority's Proposed 2016 Bus Service Plan. • Direct the City Manager and /or designee to develop options in collaboration with OCTA officials to minimize ridership impacts in the City of Santa Ana. DISCUSSION The Orange County Transportation Authority (OCTA) is a mass transit service provider established to meet the transportation needs of Orange County residents through a variety of services and programs. In particular, OCTA is the provider of countywide bus services with an estimated 48 million passengers per year. The City of Santa Ana, which is the second most populated city in Orange County and the 4th most densely populated in the nation (among cities with a population of over 250,000), is the City with the highest bus ridership when compared to the remaining 33 cities in the county. Since 2008, OCTA has experienced a decline in ridership, which is estimated at 30% countywide while Santa Ana's ridership has only declined by 8 %. In an effort to address ridership declines, OCTA implemented its OC Bus 360 initiative to evaluate transit related services and identify areas of improvement. The initiative included a customer survey, market study, peer review, and route performance assessments. The culmination of the OC Bus 360 initiative resulted in the development of the "Proposed 2016 Bus Service Plan ". (Exhibit 1) As part of the evaluation process, OCTA conducted four community outreach meetings at various cities to review the Proposed Plan (Exhibit 2), none of which were held in Santa Ana. The Proposed Plan is currently in the public comment period with a public hearing scheduled for January 25, 2016 and subsequent adoption at the first OCTA Board Meeting in February 2016. 65D -1 OCTA's Proposed 2016 Bus Service Plan January 19, 2016 Page 2 According to OCTA staff reports, the proposed plan reallocates services throughout the County to increase efficiency and reverse ridership declines. Within Santa Ana, OCTA proposes to eliminate two bus routes, which if eliminated, would be detrimental to Santa Ana residents and bus riders. This includes bus service routes 51 and 145 (Exhibit 3 illustrates these routes and proposed alternate routes). The maps also illustrate the location of City facilities, school sites, and population density information from the US Census. The two proposed route eliminations are listed as recommended in the Proposed Plan due to "duplicate parallel routes." The alternative routes for each service line are listed within the Proposed Plan. If eliminated, using these alternative routes would require at minimum a '% mile walk for riders, numerous transfers and increased wait time between transfers to arrive at the same location. Both routes primarily run on a north /south direction across the City. If these two lines are eliminated, it would preclude easy access to the anticipated OC Streetcar, which in turn limits regional access. City staff was informed of OCTA's Proposed Plan on January 8, 2015. Since then, OCTA has provided staff with information that is being evaluated for potential impacts to the City of Santa Ana. 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). FISCAL IMPACT There is no fiscal impact by this action. Exhibits: 1. OCTA Proposed 2016 Bus Service Plan 2. OCTA Presentation 3. Maps 4. Draft Resolution 65D -2 Proposed 2016 Bus Service Plan Propuesta para el Plan de Servicio de Autobuses 2016 De Xuat Ke hoach Dich vu Xe Buyt nam 2016 E) Explore el Khbm Advance Technology Avance la tecnologio / Cling Nghg Tien lien &BUS360° Innovating from every angle Select Appropriate Mode Seleccione el modoapropiado/ Chan Phaang thdc Thich hap Maximize Resources Maximice los recursos / Toi do h6a Ngu$n IVc Engage Public Involucre al publico/ Khuyen khich Cpng d6ng Thum gia Adjust to Trends Ad6ptese a las tendencias / Dieu chinh then C6cXu hifft Explore Alternatives 6 Explorealternativas/ Khbm ph6 C6c Lira chan Thay the' ~J Optimize Service `+ Optimice el servicio /Toi vu h6a Dich va M OCTA octa.net /2016BusPlan Orange County's primary transportation agency, OCTA is committed to providing services and programs to ift S meet the needs of Orange County residents. In the past few years, bus ridership and revenue have declined. To discover ways to reverse this trend and build a bus system to meet current and future customer needs, OCTA has conducted a customer survey, market study, peer review and bus route performance assessments. We are looking at bus service from all angles - an initiative we call OC Bus 360 °. way. Early next year, OCTA will roll out a new bus fleet with an updated branding to modernize the fleet. Real -time passenger information via multiple mobile apps and the Text4Next 2.0 bus- arrival time service are currently available. A study also is under way to evaluate the fare structure. In addition, mobile ticketing will be available next year. REALLOCATING RESOURCES TO MEET DEMAND As part of OC Bus 360 °, OCTA is proposing a service plan for 2016 to add, increase, reduce and /or eliminate services to optimize the efficiency and effectiveness of the overall bus system. OCTA also is exploring new and alternative service options. The majority of riders, 92 percent, will see improved bus service or no change in service. In response to customer requests, OCTA is proposing service increases in some high - demand areas, expanding high- frequency routes from 11 to 17, adding two Bravo limited -stop service routes, and increasing faster Xpress routes. To maximize efficiency and make the best use of limited funding, OCTA is proposing Community Circulators (Measure M2 Project V) Other Routes Demand - Responsive Transi service reductions in areas with low demand, low ridership and /or duplicate routes Resources from these areas will be reallocated to higher - demand areas to reduce travel time and to move more people. Inside this booklet, you will find detailed information on the proposed changes to each route. For those routes that are proposed for elimination, OCTA is exploring different options including alternate bus routes, vanpcols, demand - responsive alternatives, and community circulators such as trolleys that may be available through Measure M, the half -cent sales tax for transportation. Vanpools 6501-5 z iu I --r iu Less Use another frequent route, option service Carpool Matching ransportation letwork Companies & Taxi gencia de transporte primario C a M a del Condado de Orange, el OCTA se comoromete a proporcionar servicios y programas para satisfacer las necesidades de transporte de Jos residentes del Condado de Orange. En los ultimos anos, los pasajeros de autobuses y los ingresos ban disminuido. Para descubrir la manera de revertir esta tendencia y elaborar un sistema de bus para satisfacer las necesidades de los client(s acthiales y futUroS, OCTA ha realizado una encuesta de clientes, estudios de mercado, revision por pares y evaluaciones de desempeno de las rotas de autobus. Estamos viendo el servicio de autobuses dead- todos los angulos - una iniciativa que lamamos OC Bus 360'. principios del proximo arm, el OCTA lanzara una nueva flota de autobuses con una marca actualizada para modernizer la flota, Information a los pasajeros en tiempo real a traves de multiples aplicaciones moviles y el servicio de Ilegada de autobuses Text4Next 2.0 estan ya estan disponibles. Un estudio tambien esta en inarcha para evaluar la estructura de tarifas. Ademas, los boleros moviles estaran disponible el proximo ano. REASIGNANDO RECURSOS PARA SATISFACER LA DEMANDA 1-- - - - - -- Como parte de OC Bus 360', el OCTA propane un plan de servicio Para 2016 para agregar, aumentar, reducir y/o eliminar dertos servicios para optimizar la eficiencia y eficacia de todo el sistema de autobuses. El OCTA tambien esta explorando nuevas opciones y alternativas de servicio. La mayoria de los pasajeros, el 92 por ciento, very un mejor servicio de autobus o ningun cambia an el servicio. En respuesta a las peticiones de los clientes, el OCTA propone aumentos de servicios en algunas areas de alta demanda, la expansion de rutas de alta frecuencia desde la 11 a la 17, la adicion de dos rutas de paradas limbadas Bravo, y el aumento de rutas mas rapidas Xpress. Para maximizar la eficiencia y hater el mejor use de Ins fonclos lirnitados, el OCTA Circuladores en propone reducciones de servicios on las zonas con baja demanda, poca cantidad de pasajeros, y/o rutas duplicadas. Los recursos de estas areas seran reasignados a las areas de mayor demanda Para reducir el tiempo de viaje y Para mover a etas gents. Dentro de este folleto, encontrara nfoi macion detallada sabre Ins cambios proPuestos on calla Rita. Para aquellas rotas qua se proponen para la elimination, el OCTA esta explorando diferentes opciones one incluyen rutas alternas de buses, vanpool, alternativas sensibles a la demanda, y circuladores en la comunidad, tales coma tranvias que pueden estar disponibles a traves de la Medida M, el impuesto sobre las ventas de media centavo para at transporte. Vanpools 4 %° - -t -4% Servicio La option menos de usar frecuente otra ruta la comunidad edida M2 Proyecto V) Otras rutas OPCIONES i Compartir viajes Transito sensible a la demanda Companias de red de transportation y Taxi thnh dip ung cac nhu cau ve giao thong van Odin quon Cam.Trcng voi nam qua, thong khach di xe buyt vo doanti thu hi xe buyt da giam sot. Be tim kiem each Kic; dio ngucc xu the nay va xay dung he thong xe buyt dap ung cac nhu cau hien rat va thong lai, OCTA da tien hanh mqt cuoc khao sat khach hang, nghien cau IN trudng, binh duyetva danh Cie hieu nang cac tuyen ii xe buyt. Chung toi dang xem xat dich vu xe bumf to moiphuong dien- root sang Wien Ina chung toi goi la OC Bus 366 °. dang duce t66 khai. flan nam tdi, OCTA se men khai mqt dqi xe buyt Wi voi thuong hieu mdi de hien dai hoa doi xe. Thong tin cho hanh khach ve thdi gian di chuyen Owc cga xe buyt qua nhieu ang dung dl dong va Bich vu xem thoi gian xe den benTexNlIext 2,0 hien dang co son, Mot If an nghien cau sung dang duoc tien NO nham danh gia ca can gia ve xe. Ngoai ra, rung se co dich vu mua ve qua ung dung di dang vao nam toi. TAI PHAN BO CAC NGUON LLfC DE DAP ONG NHU CAU Nhu la m6t phan cua sang Wien OC Bus 360 °, OCTA dang de xuit mat ke hoach dich vu cho nam 2016 trong do bo sung, tang, giant valhoac xoa bo cac dich vu do tai uu hoa hieu shat va hieu qua cua ca hb thong xe buy[. OCTA rung dang not hiku cac IUa chon d.ch vu mot va thay the. Hau het cac hanh khach, 92' %, se chung kien dich vu xe buyt duoc cat thien hay car dich vu kh6ng doive chatluong. De dap lai cac yen cau cua khach hang, OCTA dang de mat tang Chong phuc vu tai mot s6 khu vVc co nhu du cao, tang sfi chuyen tai cac tuyen co tan su@tcoo tit 11 Ien 17, be sung hat tuyen dich vu it diem dung Bravo, va tang so tuyen chat' nhanh Xpress. Dee toi da hoa hieu shat va tan dung tot nhat ngudn ngan sack han cho, OC IA dang de xuat Cac phudng tien van chuyen trong Gong dong (Measure M2 Du an V) cat giam phuc vu tai cac On vac co nhu Ou thap, it hanh khach valhoac cac tuyen trung lap. Cac nguon luc tit nhOng khu vtic nay se dupe Tat phan be sang cac On vuc co nhu cau cao de giam thdi gian di chuyen va de van chuyen dupe nhieu hanh khach hon. Trong cam nang nay, quy vi se thay cac thong tin chi tiet ve nhUng de xuat thay doi doi vei moi tuyen xe. Voi cac Wyk duoc de xuat xoa bb, OCTA dang tim hieu ve cac IUa chon khac nhau boo gom cac tuyen xe buyt loan phien, vanpools (di chung xe van), cac giai phip thay the then nhu cau, vA cac phuong Lien van chuyen trong tong dong nhu trolleys (xe dien), nhung IUa chon nay co the duoc sung capthong qua dU luat Measure N1, thue doanh thu iQ cent danh cho giao thong van tai. Vanpools (Di chung xe van) CacTuyen khac CAC LUA Carpool Matching (Bo tri di chung xe) CH6 Y /U 1'11 7U Dich uvdi On Sirdung mot swat thap han tuyen, lua chon khac Dich vu Van chuyen theo Nhu cau < ;i° Cac Cong ty Mang ,..� �:= Wdi Giao thong Van tai va Taxi Your input is very important to us. Your comments will be carefully reviewed and considered as a final proposal is developed. Contingent on the final approval of OCTA's Board of Directors, the plan will be implemented in June and October 2016. Please review the proposed changes in this booklet and share your thoughts on the attached response card, at one of our public meetings or on our website. Su contribution es muy importante para nosotros. Sus comentarios seran cuidadosamente revisados y considerados mientras se desarrolla una propuesta final. Dependiendo de la aprobacion final del Consejo de Administration del OCTA, el plan se llevara a cabo en junio y octubre de 2016, Por favor, revise los cambios propuestos en este folleto y comparta sus pensamientos en la tarjeta de comentario adjunta, en una de nuestras reuniones poblicas o en nuestro sitio Web. V kien ding gap cua quy vi rat quan trong doi vdi chung toi. Cac y kien cua quy vi se dumc xem xet va can nhac ky ludag trong qua trinh xay dVng de xuat cuoi cung. Tuy vao quye 't Binh x6t duyet cuoi cung cua Hoi Dong Quan Tri OCTA, ke hoach nay se dUq'c trien khai vao thing 6 va thing 10 nam 2016. Mdi quy vi Boc ky cac de xuat thay doi trong cam nang nay vi chia se y kien cua quy vi trong the ghi y kien Binh kem, tai mot trong nhCfng buo''i hop tong ding hay tai trang web cua chung toi. TUESDAY, DECEMBER 8 COMMUNITY r DE LA COMUNIDAD / CAC 131.10611 HOP CONG DONG Community Hall MONDAY, DECEMBER 7 OCTA Headquarters Served by bus routes: 53, 56, 83 0uoc phut vu b&i cac tuyen xe buyt: 91 LUNES, 7 DE DICIEMBRE 1st Floor, Room 103/104 Servido por las rutas de autobus: 53, 56, 83 THU HAI, 7 THANG 12 600 South Main Street Duoc phut vu bdi cdetuyee'n xe buyt: 53, 56,83 MIERCOLES, 9 DE DICIEMBRE 6:00 - 8:00 P.M. Orange, CA 92863 THU TU, 9 THANG 12 TUESDAY, DECEMBER 8 San Juan Capistrano Community Center Served by bus routes: 91 MARTES, 8 DE DICIEMBRE Community Hall Servido por las rutas de autobus: 91 THU BA, 8 THANG 12 25925 Camino Del Avion 0uoc phut vu b&i cac tuyen xe buyt: 91 6:00 - 8:00 P.M. San Juan Capistrano, CA 92675 WEDNESDAY, DECEMBER Laguna Hills Community Center Served by bus routes: 87, 91 MIERCOLES, 9 DE DICIEMBRE Heritage Room Servido por las rutas de autobus: 87, 91 THU TU, 9 THANG 12 25555 Alicia Parkway Duac phut vu bdi cac tuyen xe buyt: 87,91 Laguna Hills, CA 92653 6:00 - 8:00 P.M. THURSDAY, DECEMBER 10 Huntington Beach Central Library Served by bus routes: 25,76 JUEVES,10 DE DICIEMBRE Talbert Room Servido por las rutas de autobus: 25,76 THU NAM, 10 THANG 12 7111 Talbert Ave Ouoc phut vy bdi cac tuyen xe bugt: 25,76 6:00 - 8:00 P.M. Huntington Beach, CA 92648 MONDAY, JANUARY 25 LUNES, 25 DE ENERO THU HAI, 25 THANG MOT 9:00 A.M. OCTA Headquarters 1st Floor, Room 154 600 South Main Street Orange, CA 92863 Served by bus routes: 53, 56, 83 Servido por las rutas de autobus: 53, 56, 83 DUac phut vu b6i cac tuyee-n xe buyt: 53, 56, 83 Buena Park to /a /dee-n Huntington Beach via7por7qua during Valley View St / Bolsa Chica Rd AM: 6a - 9a I MID: 9a - 3p I PM: 3p - 6p I EVE: 6p - 8p I NS = No Service I Sin servicio ! Kh6ng co dich vu Frequency Improvement Frequency Reduction CI No Change Mejord de la fmcucnaa/ Reduce* de 0 Irecuencra/ fa'y hin suet ,,hay Xe Giam Ian suar chay xe ' 65D -9 ATTACHMENT 1 • New Bravo! orXpress Route Nueva ruta Bravo! o Xpress I 7uy6n during Bravo! hayXpress mdi • High Frequency Improvement Mejoradelafrecueocioaltal Chi thin Bich vpxe buytco tan suet chay cao • Frequency Improvement and /or Extension Mejora o extension de la frecuencia I Tang tan seat chayxe Alhoic mdrpngtoyenxe • Frequency Reduction Reduccidn de la frecuencia I Grim tan sug chayxe • Discontinued Route or Segment Ruta o segmento suspendldo I Tuyen during hoot phis tuyen during bi loai bd ■ Other OCTA Route Ova rota de OCTA Tuy6n dudag khic coa OCTA IQ Transit Center Centro de trinsito I Trung ram Gum Th6ng Metrolink Station Estee& de MetrolinkI Tram Metrolink Cut south end back to Goldenwest Transportation Center via Bolsa, Graham, and McFadden. Cortar la extremidad del sur para atris hasta el Goldenwest Transportation Centera traves de Bolsa, Graham, yMcFadden. Cat ben cu6i hudrig nam ve tdi Goldenwest Transportation Center qua dddng Bolsa, Graham, va McFadden. Increase peak frequency from 60 to 45 minutes. Aumentar la frecuencia pico de 60 a 45 minutos. Tang tan suit gid can dAm of 60 Ign 45 ph6t mot chuy @n. Add midday service. Agregar servicto del mediodia. Them dish vu vao g0a ngay. Riders can transfer at Goldenwest Transportation Center to Route 70. Los pasaleros pueden hater transferencia en el Goldenwest Transportation Center a la Ruta 70. Cic hash Mach co the chuyen xe tai Goldenwest Transportation Center sang toyen 70, Cerritos to /a /Ben Anaheim via /por /qua dudng Orangethorpe Avenue r CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Minutes) /Tan suit chayxe hion tai vao cac ngaytrong tuan (nhieuphuo Los Cerritos Center to /a /de "n Esperanza & Fairlynn 45 1 45 45 so PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de Ins dias de semana propuestas (Minutes) / tan suAt chayxe dexua't vao cac ngay Nang tuan (nhieu phut) Los CerritosCenterto /a /de`nCerritos Town eCenter NS Cerritos TowneCenterto /a /6e "n Ana he!iCanyon t t Metrolink Fullerton Park - and -Ride to /a /de "n OrengethoTo & VNS State College Orangethorpe & Rose Ns Esperanza & Fairlynn AM: 6a- 9a IMID: 9a -3p I PM: 3p -6p I EVE: 6p -8p I NS= No service ISM servicio/ Kh6ng codich vv Frequency Improvement frequency Reduction F-] No Change Mejora de la irecuencia / Reducdbn de In irecuencia / Magun carnhlo - Khong they do+ Tang tan seat chayxe Gram din suit chayxe L ATTACHMENTI • New Bravo! orXpress Route Nueva ruta Bravo!o Xpress I Tuyen dudng Rravo!hayXpress moi • High Frequency Improvement Mejora de la irecuencia alta I Cai thOn dich vuxe buyt co tan suit chay cao • Frequency Improvement and /or Extension Mejora o extension de la irecuencia I Tang tan sua't chayxe va/hoic and tong tuyenxe • Frequency Reduction ReduccOn de la irecuencia I Giam ta-'n suat chayxe • Discontinued Route or Segment Rota o segmento suspeadido I Tuyen dudng hoac phan tuyM dudng Ai loaiW ■ Other OCTA Route Otra ruts de OCTA Tuyen dddng khac cua OCTA Q Transit Center Centro de transito Trung Tam Giao Thong Metrolink Station Estacion de Metrolink I Tram Metrolink Cut west end back to Cerritos Towne Center and east end back to Anaheim Canyon Metrolink Station. Cortar la extremidad del oeste para atras hasta Cerritos Towne Center y el extremo este para atras hacia Anaheim Canyon Metrolink Station. Cat ben cuoi huang tay ve tdi Cerritos Towne Center va ben cuoi huang dong ve tdi Anaheim Canyon Metrolink Station. Short -line between Fullerton Park & Ride and State College. Servicio corto entre Fullerton Park & Ride y State College. Tuyen ngan gitta Fullerton Park & Ride va State College. Improve peak and midday service to 15 minutes on short - line and 30 minutes on long -line. Mejorar el servicio pico y de mediodfa a 15 minutos en el servicio corto y a 30 minutos en el servicio largo. Cai thien dich vu gib can diem va gi6a ngay la 15 phut mot chuye "n tren tuye-n ngan va 30 phut mat chuyen tren tuye'n dai. Riders can transfer at Cerritos Towne Center to Metro Line 126. Los pasajeros pueden hacer transferencia en Cerritos Towne Center a Metro Line 128. CSc hanh khach co the "chuye -n xe tui Cerritos Towne Center sang tuyen Metro Line 128. Fullerton to /a /den Huntington Beach via /por /qua during Brookhurst Street AM: 6a -9a I MID: 9a -3p I PM: 3p -6p I EVE: 6p -ap I NS No Service l Sin servicio l Khong ca Bich vu Frequency Improvement Frequency Reduction No Change Meiora de la frecuencia / neducidu de la Irecuenria ranq t3nsu9t ehayxc COm tan;u5t chay xo 6501-11 ATTACHMENT • New Bravo! or Xpress Route Nueva ruta Bravo! a Xpress I Tuyen dddng Bravo! hay Xpress mdi • High Frequency Improvement Mejora de la frecuencia alta I Chi thien Bich vyxe buyt cd tan suit chay cao • Frequency Improvement and /or Extension Mejora o extension de la frecuencia I rang tan suit chayxe vh/hofc miring tuyen xe • Frequency Reduction Reduction de la frecuencia l Gihm tan suit chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen dddng hozc phan tuyen during bi Inai bd • Other OCTA Route Otra ruta de OCTAI Tuyen during khac cda OCTA W Transit Center Centro de transito I Trung ram Giao Thong Metrolink Station Btacion de MetrolinkI Tram Metrolink Long -line from Brookhurst @ Commonwealth to Costa Mesa via Victoria, Placentia, and 19th St. Servicio largo desde Brookhurst en Commonwealth pasta Costa Mesa a traves Be Victoria, Placentia, y 19th St. Tuye "n dai tit Brookhurst @ Commonwealth tdi Costa Mesa qua Victoria, Placentia, vb 19th St. Short -line from Brookhurst @ Commonwealth to Talbert. Servicio corto desde Brookhurst en Commonwealth hasta Talbert. Tuyen ngan tit Brookhurst @ Commonwealth tdi Talbert. Improve peak headway from 30 to 15 min. on short -line. Off -peak service improved from 40 to 30 min. Mejorar el avance en horas pico de 30 a 15 minutes en el servicio corto. Mejorar e/ servicio fuera Be horas pico Be 40 a 30 minutos. Chi thien tan suit gib cao diem tU 30 xuong con 15 phut mot chuyAn tren tuyeh ngan. Dich vu ngoai gid cao diem chi thien tit 40 xu6ng con 30 phtit mot chuyen. Riders can take Route 26 or 30 to connect to Fullerton Park - And -Ride. Los pasajeros pueden tomar to Ruta 26 o 30 para conectara Fullerton Park - And -Ride, Hanh khaeh ed the' di TuyeFn 26 hoae 30 de"'ket no't tdi Fullerton Park - And -Ride. CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Minutes) /Tan suit chayxe hien tai van cac ngay tmng tugn (nhieu phut) Fullerton Park-and-Ride to /a /de "n Brookhurst& Pacific Coast Hwy 30 40 3o so PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dfas de semana propuestas (minutos) /Tin suit chayxe d6mrt vho cac ngay trong tuan (nhieu phut) Fullerton Park- and -Ride to /a /de "n Brookhurst& NS Commonwealth Brookhurst & Commonwealth to /a /de "n Brookhurst &Talbert qNs Brookhurst &Talbert to /a /de"nNewport &19th 30 r Graham & McFadden to /a /de "n Warner & NS Pacific Coast Hwy AM: 6a -9a I MID: 9a -3p I PM: 3p -6p I EVE: 6p -ap I NS No Service l Sin servicio l Khong ca Bich vu Frequency Improvement Frequency Reduction No Change Meiora de la frecuencia / neducidu de la Irecuenria ranq t3nsu9t ehayxc COm tan;u5t chay xo 6501-11 ATTACHMENT • New Bravo! or Xpress Route Nueva ruta Bravo! a Xpress I Tuyen dddng Bravo! hay Xpress mdi • High Frequency Improvement Mejora de la frecuencia alta I Chi thien Bich vyxe buyt cd tan suit chay cao • Frequency Improvement and /or Extension Mejora o extension de la frecuencia I rang tan suit chayxe vh/hofc miring tuyen xe • Frequency Reduction Reduction de la frecuencia l Gihm tan suit chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen dddng hozc phan tuyen during bi Inai bd • Other OCTA Route Otra ruta de OCTAI Tuyen during khac cda OCTA W Transit Center Centro de transito I Trung ram Giao Thong Metrolink Station Btacion de MetrolinkI Tram Metrolink Long -line from Brookhurst @ Commonwealth to Costa Mesa via Victoria, Placentia, and 19th St. Servicio largo desde Brookhurst en Commonwealth pasta Costa Mesa a traves Be Victoria, Placentia, y 19th St. Tuye "n dai tit Brookhurst @ Commonwealth tdi Costa Mesa qua Victoria, Placentia, vb 19th St. Short -line from Brookhurst @ Commonwealth to Talbert. Servicio corto desde Brookhurst en Commonwealth hasta Talbert. Tuyen ngan tit Brookhurst @ Commonwealth tdi Talbert. Improve peak headway from 30 to 15 min. on short -line. Off -peak service improved from 40 to 30 min. Mejorar el avance en horas pico de 30 a 15 minutes en el servicio corto. Mejorar e/ servicio fuera Be horas pico Be 40 a 30 minutos. Chi thien tan suit gib cao diem tU 30 xuong con 15 phut mot chuyAn tren tuyeh ngan. Dich vu ngoai gid cao diem chi thien tit 40 xu6ng con 30 phtit mot chuyen. Riders can take Route 26 or 30 to connect to Fullerton Park - And -Ride. Los pasajeros pueden tomar to Ruta 26 o 30 para conectara Fullerton Park - And -Ride, Hanh khaeh ed the' di TuyeFn 26 hoae 30 de"'ket no't tdi Fullerton Park - And -Ride. Long Beach to /a /de "n Orange via /por /qua dudng Katella Avenue r CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los Bias de semana actuales (Minutes) /Tao suitchayxe hi$n tai vao cac ngay trong tuan (nhieu phut) 7th & Channel to /a /deeen The Village at Orange 25 1 35 1 25 a5 PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de Ins dias de semana propuestas ( Minutos) /Tan suit chayxe d6mil vao cdc ngay trong tuan (nhieu phut) 7th & Channel to /a /de'n The Village at Orange t r r Katella & Knott to /a /den ARTIC r r AM: 6a -9a MID: 9a -3p I PM: 3p- 6p IEVE: 6p -8p I NS =No Service l Sin servicio l Khdngcddich ver Frequency Improvement Frequency Reduction Wetter', +ix 12 de la lr„rue,, Tang tan suit chgy,u Elam tan snarchyp xe • New Bravo! orXpress Route Nueva rota Bravo! a Xpress I Tuyen dddng Bravo! hay Xpress mdi • High Frequency Improvement Mejora de la lrecuencia alta I Cai thien dich vu xe buy[ co tan suit chay cao • Frequency Improvement and /or Extension Mejora a extensidn de la Irecuencia I Tang tan suit chayxe va/hoae W rgng tuydn xe • Frequency Reduction Reduccidn de to trecuencia I Giam tan suAt chayxe • Discontinued Route or Segment Burn o segmento suspendido I Tuyen dudng hoic phan tuyeh dudng bi loaibd ■ Other OCTA Route etra terra de OCTAI Tuy6h dddng khac c6a OCTA Q Transit Center Centro de transito I Trung Tam Giao Thdng Is Metrolink Station EstaclemoreMetrofinkl Tram Metrolink New short -line between Knott and Anaheim Regional Transportation Intermodal Center (ARTIC). Nuevo servicio corto entre Knotty Anaheim Regional Transportation Intermodal Center (ARTIC). Tuyen ngan mdi gi0a Knott va Anaheim Regional Transportation Intermodal Center (ARTIC). Increase peakservice on short -line to 15 minutes based on customer requests. Aumentar servicio pico en el servicio corto a 15 minutos basado an solicitudes de Jos clientes. Tang tan suit phut vu gid cao diem tren tuyen ngan Ia 15 phdt mot chuye "n dua vao yeu cau cda khach hang. Reduce frequency east of ARTIC and west of Knott to 30 minutes. ❑ No Change Reducir la frecuencia este de ARTIC y al oeste de Knott a N7ngim carmw 1 6ng tray ddi 30 minutos. Giam tan suit tuye'n phia d6ng ARTIC va phfa Tay cua Knott xuong 30 phdt mot chuyen. 65D -12 ATTACHMENT Santa Ana to /a /den Costa Mesa via /por /qua ii Brookhurst Street CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los digs de semana actuates (Minutos) /T=an suat chayxe hien tai vao cac ngay trong turn (nhieu phut) Bristol & Washington to /a /de "n Sunflower & Bristol 1 36 1 46 30 60 PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de Ins dfas de semana propuestas (Minutos) /Tin suit chayxe de)uat oho cdc ngay trong tuan (nhieu phut) Bristol & Washington to /a /den Sunflower & Bristol AM: 6a - 9a I MID: 9a - 3p I PM: 3p - 6p I EVE: 6p - 8p I NS = No Service / Sin servicio l Khdng cd dich vu Frequency Improvement Frequency Reduction Wepm I v. . ;. r near neducoo, Ting (an SU0 eNgyxe Grant tan suaatt c!rayxe W I No Change Ningtin cambio / xhdng thayd& 65D -13 ATTACHMENT ■ New Bravo! or Xpress Route Nueva ruta Bravo!o Xpress Tuy6n duting Bravo! hayXpress mdi in High Frequency Improvement Mejora de la frecuencia alta Chi thien dich vuxe buytcd tan suet chay cao • Frequency Improvement and /or Extension Mejora o extension de la frecuencia I rang tin wit chayxe va/hoac mdrnng tuyan xe • Frequency Reduction Reduccion de la fecuencla I Ont tan sua't chayxe • Discontinued Route or Segment Ruta o segmento suspendidol Tuyen dudng hozc phin tuyen duting ti loaibb • Other OCTA Route otra ruta de OCTA I Tuydh dudng khae cua OCTA Gil Transit Center Centro de transito I Truing tam Giao Thdng MetrolinkStation Estacidn de Metrolinkl Tram Metrolink Eliminate route because it duplicates parallel routes. Eliminar ruta porque duplica rutas paralelas. Xda bb tuyen do truing lap vdi cac tui chay song song. Weekday and Saturday services would be eliminated. Se eliminaria el servicio entre semana y los sabados. Arch vu ngay trong tuan va Thu Bay se bi xda bd. 53 and 57. 53y57. 53 va 57. Garden Grove to /a /den Orange via /poi dNOng Chapman Avenue AM: 6a - 9a I MID: 9a -3p I PM: 3p - 6p I EVE: 6p - 8p I NS = No Service l Sin servicio l Kh6ng c6 dich vu Frequency Improvement Frequency Reduction �No Change M_goa , de la frecuencia/ N air Ningun eamdlo /Woo tray di Tang tan suit chayxe GiamC"nwichayse 6�5QD 14 • New Bravo! orXpress Route Nueva ruta Bravo! o Xpress I Tuyenduring Bravo!hayXpressmdi • High Frequency Improvement Mejora de la frecuencia alto I Cai thien dich vu xe buyt co tan suit Chi can • Frequency Improvement and /or Extension Mejora o extension de la frecuencia ( Tang tan suit chayxe va/hok and rong tuye'n xe • Frequency Reduction Reduction de la frecuencia i Giam tan suit chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen during haft phan raven or1bgbi hug bid ■ Other OCTA Route Otra ruts de 0i I Tuyen duong khac cba OCTA A Transit Center Centro de transito I Trung ram Giao Thong Metrolink Station Estacron de Metroliak I Tram Metrofink Remove route deviations to Orange Transportation Center and Outlets at Orange. Retirar las desviaciones de Orange Transportation Center yOutlets en Orange. Bo Cat tuyen di chech tdi Orange Transportation Center va Outlets tai Orange. New short -line from Beach Boulevard to Hewes. Nuevo servicio corto desde Beach Boulevard hasta Hewes. Tuyen ngan mdi tit Beach Boulevard tdi Hewes. Peak service increased from 20 to 15 min. on short -line; off -peak service increased from 30 to 15 min, Servicio pica aumentd de 20 a 15 minutes en el servicio corto; el servicio fuera de horas pico auni de 15 a 30 min. Tang tan suit phut vu gid cao diem tit2016n 15 phut mot chuyen tren tuyeh ngan; tang tan stta`t phut vu ngoai gid cao diem tt% 15 16n 30 phtit. Long Beach to /a /deee-n Tustin via /por /qua Westminster Avenue/ 17th Street MID I PM EVE CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dfas de semana actuates (Minutos) /Tan swat chayxe hiOn tal On cac ngay trong tuan (nhieu phut) 20 30 Bristol & Washington to /a /Ben Sunflower & Bristol 20 20 Main &Locust to /a /66n Fruit &Tustin 10 10 10 20 PROPOSED WEEKDAY FREQUENCIES (BRAVO! 560) (MINUTES) Frecuencias de los dfas de semana propuestas (BRAVO!560) %nutos) /Tan suatchayxe dexuat vao cac ngay trong tuan (BRAVO! 560) (nhieu phut) 7th &Channel to /a /de "n Santa Ana Depot Goldenwest to Santa Ana Depot 24 30 24 NS Goldenwest to /a /de "n Santa Ana Depot 12 15 12 NS PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de Ins dfas de semana propuestas Winutos) /Tan sudt chayxe dexuat Ao cac ngay trong tuan (nhieu phut) 7th & Channel to /a /de "n Larwin Square 20 Goldenwest to Larwin Square 20 20 20 Ns AM: 6a -9a I MID: 9a- 3pI PM: 3p -6p IEVE: 6p -Bp INS= No Service 1Sinservic io1Kh6ngc6dich vu 65D -15 ATTACHMENT • New Bravo! orXpress Route Nueva ruta Bravo! o Xpress I Tuyen during Bravo! hayXpress mdi • High Frequency Improvement Mejora de la frecuencia alta I Cai thign Bich vuxe buyt cd ta`n sust chay cao • Frequency Improvement and /or Extension Mejora if extensidn de la frecuencia I Tang tan suat chayxe va>hoac and rang tuy6o xe • Frequency Reduction Reducc!dn de la frecuencia I GTam tan suit chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen dddng hojc pha'n tuyen during bi loai bd ■ Other DICTA Route Otra rota de OCTAI Tuyen during khac cda OCTA W Transit Center Centro de triv sito Trung lam Giao Th6ng Metrolink Station Estacidn de Metrolink] Tram Metrolink BRAVO! Long -line from Long Beach VA Hospital to Santa Ana Depot via Westminster/ 17th (24 min peak / 30 min midday). Short -line between Goldenwest and Santa Ana Depot (12 min peak / 15 min midday). BRAVO! Servicio largo desde Long Beach VA Hospital hasta Santa Ana Depot a travels de Westminster/ 171h (24 min, horas pico / 30 min. mediodia). Servicio corto entre Goldenwest y Santa Ana Depot (12 min, horas pico / 15 Hill/. mediodia). BRAVO! Tuyen dai td Long Beach VA Hospital tdi Santa Ana Depot qua Westminster/ 17th (24 phut gid cao diem/ 30 phut gid gh7a ngay). Tuyen ngan gida Goldenwest va Santa Ana Depot (12 ph6tgid cao diem / 15 phut gid giBa ngay). Reduce local service to 20 min. with Bravo! 560 implementation. Reducir el servicio local a 20 min. con Bravo! Implementaci6n 560. Giam thdi gian phuc vu trong khu vdc xuong 20 phut vdi Brava! Thuc hien 560. Huntington Beach to /a /den Newport Beach via /por /qua during TalbertAvenue / MacArthur Boulevard AM: 6a -as I MID: ea -3p I PM: 3p -6p I EVE: 6p -8p I INS =No Service l Sin servicio l Kheng cd dich vu Frequency Improvement Frequency Reductan No Change Mejora de la lmcuerkla/ Reduccidn de An frecuemer hwgw)Camhio /06nq thay d6, Ting tan sudt chayxe Gram tan cuatcharye §r3D 1 • New Bravo! orXpress Route Nueva ruta Bravo! oXpress I Tuyendtldng Bravo!ltayXpressmdi • High Frequency Improvement Mejora de la frecuencia alta I Cai thien Bich vu xe buyrcd tan swat chay can • Frequency Improvement and /or Extension Mejora o extensidn de la frecuencia I Tang tan sudr chayxe va/hoac and rang tuy6n xe • Frequency Reduction Reduccidn de la frecuencia I Glom tan soar chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen during hok phan tuyen dunng bi loai bd • Other OCTA Route otra ruta de GCTAI Tuyen dunng khac cda OCM M Transit Center Centro de trinsito I Trung Tam Goo Thong Lk Metrolink Station Estacidn de MetrolinkI Tram Metrofink Eliminate route because of low ridership. Eliminar ruta por la poca cantidad de pasajeros. Xoa bn alyen do it ngudi d6ng. Route 37 along MacArthur between Bristol & Euclid. iShuttle provides partial connection the airport. La Ruta 37 por MacArthur entre Bristol & Euclid. iShuttle proporciona una conexitin parcial at aeropuerto. Tuyen 37 doe theo MacArthur giva Bristol & Euclid. iShuttle ket nol mot phan vdi son bay. Riders between Euclid and Bristol can use realigned Route 37. Los pasajeros entre Euclid y Bristol pueden usar la realineada Ruta 37 Cie hank khach d g0a Euclid va Bristol cd the'sO dung tuydti 37 duac to chac tai, CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Minutos) /Ta'n suat chayxe hien tai van cac ngay trong tuan (nhieu phut) Talbert & Beach to /a /de'n Newport Transportation 45 60 a5 sD Center PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de ins dias de semana propuestas (Minutos) / Tan suat chayxe de xuat vk cac ngay gong tuan (nhieu phut) Talbert & Beach to /a /den Talbert & Euclid Talbert & Euclid to /a /d6n Talbert & Bristol (Route 351 15 15 15 15 Talbert & Bristol to /a /de'n Newport Transportation NS NS NS NS Center AM: 6a -as I MID: ea -3p I PM: 3p -6p I EVE: 6p -8p I INS =No Service l Sin servicio l Kheng cd dich vu Frequency Improvement Frequency Reductan No Change Mejora de la lmcuerkla/ Reduccidn de An frecuemer hwgw)Camhio /06nq thay d6, Ting tan sudt chayxe Gram tan cuatcharye §r3D 1 • New Bravo! orXpress Route Nueva ruta Bravo! oXpress I Tuyendtldng Bravo!ltayXpressmdi • High Frequency Improvement Mejora de la frecuencia alta I Cai thien Bich vu xe buyrcd tan swat chay can • Frequency Improvement and /or Extension Mejora o extensidn de la frecuencia I Tang tan sudr chayxe va/hoac and rang tuy6n xe • Frequency Reduction Reduccidn de la frecuencia I Glom tan soar chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen during hok phan tuyen dunng bi loai bd • Other OCTA Route otra ruta de GCTAI Tuyen dunng khac cda OCM M Transit Center Centro de trinsito I Trung Tam Goo Thong Lk Metrolink Station Estacidn de MetrolinkI Tram Metrofink Eliminate route because of low ridership. Eliminar ruta por la poca cantidad de pasajeros. Xoa bn alyen do it ngudi d6ng. Route 37 along MacArthur between Bristol & Euclid. iShuttle provides partial connection the airport. La Ruta 37 por MacArthur entre Bristol & Euclid. iShuttle proporciona una conexitin parcial at aeropuerto. Tuyen 37 doe theo MacArthur giva Bristol & Euclid. iShuttle ket nol mot phan vdi son bay. Riders between Euclid and Bristol can use realigned Route 37. Los pasajeros entre Euclid y Bristol pueden usar la realineada Ruta 37 Cie hank khach d g0a Euclid va Bristol cd the'sO dung tuydti 37 duac to chac tai, Santa Ana to /a /den Costa Mesa via /por /qua dtldng Raitt Street / Greenville Street / Fairview Street CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Minutes) /Tan s4tchayxn hidn tai vio cac ngay trong won (ahleu phut) Flower &6th to /a /den Sunflower &Park Center 45 45 1 45 60 PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana propuestas ( Minutos) /Tan suit chayxe o6cri "t vso cdc ngay trong tudn Flower & 6th to /a /deen Sunflower & Park Center AM: 6a -9a I MID: 9a -3p I PM: 3p -6p I EVE: 6p -ap INS= No Service/ Sin servicio I Khbngcbdich vu Frequency Improvement Frequency Reduction �No Change Wpm de la 6ecuencia/ Reduccidn de la irecuenciar M:nun <;rrnuin- Rhdngthaydd, rang tan suit Chay *e Win th s0t Choy ke 65D -17 ATTACHMENT 1 • New Bravo! or Xpress Route Nueva ruta Bravo!o Xpress I Tuyen during Bravo! hay Xpress mdi • High Frequency Improvement Mejpra de he frecuencia alta I Chi thien Bich vuxe bacp cd tan sua "t chay cap • Frequency Improvement and /or Extension Mejora o extensidr de la frecuencia I Tang tan suit chayxe Whoic and rang teyen xe • Frequency Reduction Reduccidn de la frecuencia I Der tan suSt chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuy6 dddng hoic phan tuyen dudng bi loaiW ■ Other OCTA Route ntra ruta de GCTA Tuyen dr dng kh9c cda OCTA W Transit Center Centro de transito Trung tam Giao Th6ng I# Metrolink Station Estach5ndeMehhofinkI Trdm Metrolink Eliminate route because it duplicates parallel routes. Eliminar ruta porque duplica rutas paralelas. Xda bd tuy6h do tritng lap vdi cac tuyen chay song song. Weekday and Saturday services would be eliminated. Se eliminaria el servicio entre semana y los sabados. Dich vu ngay trong tuan va Tht! Rey sd bi xda bd. 47 and 57. 47y 57 47 va 57 .CEMER sixuu y.� cF . R ax W CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Minutes) /Tan s4tchayxn hidn tai vio cac ngay trong won (ahleu phut) Flower &6th to /a /den Sunflower &Park Center 45 45 1 45 60 PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana propuestas ( Minutos) /Tan suit chayxe o6cri "t vso cdc ngay trong tudn Flower & 6th to /a /deen Sunflower & Park Center AM: 6a -9a I MID: 9a -3p I PM: 3p -6p I EVE: 6p -ap INS= No Service/ Sin servicio I Khbngcbdich vu Frequency Improvement Frequency Reduction �No Change Wpm de la 6ecuencia/ Reduccidn de la irecuenciar M:nun <;rrnuin- Rhdngthaydd, rang tan suit Chay *e Win th s0t Choy ke 65D -17 ATTACHMENT 1 • New Bravo! or Xpress Route Nueva ruta Bravo!o Xpress I Tuyen during Bravo! hay Xpress mdi • High Frequency Improvement Mejpra de he frecuencia alta I Chi thien Bich vuxe bacp cd tan sua "t chay cap • Frequency Improvement and /or Extension Mejora o extensidr de la frecuencia I Tang tan suit chayxe Whoic and rang teyen xe • Frequency Reduction Reduccidn de la frecuencia I Der tan suSt chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuy6 dddng hoic phan tuyen dudng bi loaiW ■ Other OCTA Route ntra ruta de GCTA Tuyen dr dng kh9c cda OCTA W Transit Center Centro de transito Trung tam Giao Th6ng I# Metrolink Station Estach5ndeMehhofinkI Trdm Metrolink Eliminate route because it duplicates parallel routes. Eliminar ruta porque duplica rutas paralelas. Xda bd tuy6h do tritng lap vdi cac tuyen chay song song. Weekday and Saturday services would be eliminated. Se eliminaria el servicio entre semana y los sabados. Dich vu ngay trong tuan va Tht! Rey sd bi xda bd. 47 and 57. 47y 57 47 va 57 Huntington Beach to /a /de`n Costa Mesa via /por /qua during Main St /Garfield Ave /Ellis Ave / MacArthur Blvd/ Sunflower St CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuales (Minutes) /Tan suRchayxe hien tai vao car ngay bong tuan Pacific Coast Hwy &Istto /a /de`nArI 60 60 60 60 Park Center PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de Ins dias de semana propuestas (Minutes) /Tan suit chayxe dexuant van ego ngay trong tuan (nhieu phut) Pacific Coast Hwy & Ist to /aMeen Anton & Park Center AM: 6a - 9a I MID: 9a - 3p 1 PM: 3p - 6p I EVE: 6p - Bp I NS = No Service l Sin servicfo l Khong co Bich vu Frequency Improvement Frequency Reduction ]No Change Mejora de la frecuencia/ Reduccwn oela lrecuonoe/ Nrngun Gambia /Kh6ng they do', To ng tin suat ehay xr, eiam tin sug chayxe 65D 1§1 • New Bravo! orXpress Route Nueva ruta Bravo! o Xpress i Tuyen dudng Bravo! hay Xpress mm • High Frequency Improvement Mejora de la frecuencia atta I Cif thin Bich vpxe buyt on tan sua't chat' can, • Frequency Improvement and /or Extension Mejora o extension de to frecuencia I Tang an sua't chayxe va/hoic and rang tuydn xe • Frequency Reduction Reduccion de la frecuencia i Giam tan suit chayxe • Discontinued Route or Segment Bete o segmento suspendido I Tuyen dudng hoac phan toyer dudng bi loan bo ■ Other OCTA Route Otra ruta Be OCTAL Tuyen dudng khac cda OCTA W Transit Center Centro Be trinsim Trung ram Ciao Thong jj Metrolink Station Estacian de MetrofinkI Tram Meholink Eliminate route because of low ridership. Eliminar ruta por la poca cantidad de pasajeros. Xda bd tuydo do it ngudi dung. 25, 29 and 37 25,29y37 25, 29 va 37 Huntington Beach to /a /de`n Costa Mesa via /por /qua dudag Atlantic Ave /Hamilton Ave / Victoria St/ Orange Ave / Fair Dr / Bear St MID I PM EVE CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de Ins dfas de semana actuates (Minutes) /Tgn suit chayxe hi¢n tai vao cdc ngzytrong tugn (nhieuphut) South Coast Plaza to /a /de'n Pacific Coast Hwy & Ist 50 50 50 50 PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dfas de semana propuestas (Minutes) /Tan suit chayxe dexugt vao chc nghy trong tugn (nhieu phut) South Coast Plaza to /a /den Victoria & Placentia T—NS NS Victoria & Placentia to /a /de'n Victoria & r r Brookhurst (Route 35) Victoria & Brookhurst to /a /de "n Pacific Coast Hwy NS NS NS NS & Ist AM: 6a -9a I MID: 9a -3p I PM: 3p -6pi EVE: 6p -8p INS= No Service/ Sin servicio I Khbngcddich vu Frequency Improvement Frequency Reduction F-] No Change ,- Reduccion de la frecuencia / NmgOn camhlo /keong ihay dot Gram ton suit shay xe 65D -19 ATTACHMENT • New Bravo! orXpress Route Nueva ruta Bravo! o Xpress I Tuyen dubng Bravo! hay Xpress mdi • High Frequency Improvement Mejora de la frecuencia alta I Chi thien dich vu xe buit cd tan sua "t ihay cao • Frequency Improvement and /or Extension Mejora o extensOn de la frecuencia I Tang tan suit chayxe va/hoac and rft tuydn xe • Frequency Reduction Recited n de la frecuencia I Gihm tin sua "t chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen during hoic phgn tuyen dudng Ai loai bd • Other OCTA Route Otre ruta de OCTAI Tuyen dubng khac cda OCTA Q7 Transit Center Centro de trhnsito I Tmng rem Giac Thdng Metrolink Station Estacido de Metrolink I Tram Metrolink Eliminate route because of low ridership. Eliminar ruta por la poca cantidad de pasajeros. ACa bb tuyen do it ngddi dung. Riders between Brookhurst & Placentia can use new alignment of Route 35. Pasajeros entre Brookhurst & Placentia pueden usar /a nueva alineacidn de la Ruta 35 Cac hanh khech dgh7a Brookhurst & Placentia cd the'sd dung tuyk 35 mdi dddc 16 cht%c lai. 35 and 71. 35y71 35 va 71. Irvine via7por /qua dditng Yale Avenue / Campus Drive x t} z k r ff� CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Mmugos) / Ian suit chayxe hi¢n tai vao cac ngay trong tuan (nhieuphut) Northwood & Yale to /a /ddnMariposa Villa 1 45 1 45 1 45 1 NS PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana propuestas (Minutos)/ Ian suit chayxe dexuS't via cdc ngay trong tuan Northwood & Yale to /a /de`n Mariposa Villa Irvine &Yale to /a /de"n University Center (Jeffrey) 60 60 1 60 1 60 AM: 6a - 9a I MID: 9a - 3p PM: 3p - 6p I EVE:6p-Bpl NS= No Service/ Sin servicio / Khong co dlch vg Frequency Improvement Frequency Reduction No Change Mejora de In 6'ecuencia / Reduccion de la trecuenna / Ningon cambio /Khong theyd5l rang tan suit chayxo GI ®m tan soil chayxe 65D -20 ATTACHMENT • New Bravo! or Xpress Route Nueva ruta Bravo! o Xpress I Tuyen dudng Bravo! hay Xpress mdl • High Frequency Improvement Mejora de to trecuencia atta I Chi thign Bich vpxe buyt co fan suit chat' cao • Frequency Improvement and /or Extension Mejora o extension de to trecuencia I Tang tan suit chayxe vi/hoac and rong tuyeh xe • Frequency Reduction Reduction de la trecuencia 16iam tan suit chay xe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen dudng hoac phiir toyed duung bi toai bd • Other OCTA Route Otra ruta de OCTA Tuyen duung khic coa GCTA Q Transit Center Centro de transito Trung lam Giao Thong 11 Metrolink Station Estacton de MetrolinkI Tram Metrolink Eliminate route because of low ridership. Eliminar ruta per la poca cantidad de pasajeros. Xoa b6 tuyen do it ngudi dung. Some riders will be able to take new alignment of Route 167 which provides service along portions of Route 175 along Jeffrey Rd. Algunos pasajeros podran tomar la nueva alineacidn de la Ruta 167 la cual proportion servicio por porciones de la Ruta 175 par Jeffrey Rd. Mot so hanh khach se cd the'sOdung tuy6it 167 mdi duoc td chuc lai cung cap Bich vu doe then cac chang COB tuyen 175 doc theo Jeffrey Rd. 79 and restructured 167 79 y la reestructurada 167 79 va 167 tai co ca`u. Huntington Beach to /a /de`n Irvine via /par /qua during Adams Avenue /Birch Street/ Campus Drive AM: 6a - 9a I MID: 9a - 3p I PM: 3p - 6p I EVE: 6p - 8p I NS = No Service ! Sin servicio ! Khdng c6 dich vu Frequency Improvement Frequency Reduction LI No Change Mejora de to trrcuencia r Reduccibn de id!rewencra! Tang t5nsaa! rheyxe Gdn tan suit chay.xe 65D -21 ATTACHMENT • New Bravo! orXpress Route Nueva rut& Bravo! o Xpress I Tuyen du8ng Bravo! hay Xpress mdi • High Frequency Improvement Mejora de la frecuencia alts I Cii thien dich vpxe buyt cd tan soar shay coo • Frequency Improvement and /or Extension Mejora a extenshm de Is frecuencia I Tang tin suit chayxe vh1hoac m&rpng tuyeh xe • Frequency Reduction Reduccibn de Is frecuencial Giim tan suit choyxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuy& dating haft phan tuyen during bi loai bb • Other OCTA Route Otra ruta de OCTA Tuye6 du8ng khdc cda OCTA M TransitCenter Centro de trdnsito Trung 1aam Giao Thong Metrolink Station EstachIndeMetrolinkl Tram Metrolink Eliminate route because of low ridership. Eliminar ruta por la poca cantidad de pasajems, X6a b6 tuyen do it ngudi dung. Weekday and Saturday service would be eliminated. Se eliminarja el servicio entresemana y los sabados. Dich vu ngay trong tuan va Thu Bay se bi xda bb. a Ile 7 Irvine via /por /qua duang Yale Avenue / Campus Drive p �M1 Y Y-N m Yy y W mmxsm � wa,a "'ate _ e, s 0 a a CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los Bias de semana actuales (Minutos) /Tan sua"tchayxe hi @n tai vao cac ngay trong roan (nhieu phut) Flower &6th to /a /d €n Icon &Ellipse 1 3trips I NS I Strips I NS PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de Ids dias de semana propuestas (Minutos) /Tan suit chayxe de xuat vao cac ngay trong tudo Flower & 6th to /a /de'n Icon & Ellipse 3 trips AM: Re -9a I MID: 9a- 3pI PM: 3p -6p I EVE: 6p -8p I NS =No Service l Sin servicio l Khdng cd dich vu M Frequency Improvement Frequency Reduction �No Change ideTora de la trecuenna; Reduusrbn de la l2cuenna� Ningun connote /Wag thay do! Tang fan vial chat' ve Gram tan su&'t Cray xe 65D -22 OF ATTACHMENT • New Bravo! or Xpress Route Nueva rata Bravo! o Xpress I Tuyen dddng Bravo! hay Xpress mdi • High Frequency Improvement Mejora de la frecuencia alta I Car thian dick vy xe buyt cd tan sudt Choy cao • Frequency Improvement and /or Extension Mejora a extension de Is frecuencia I Tang tan suit chayxe va/hoac and ring tuy6o xe • Frequency Reduction Reduccldn de Is frecuencia I Giam fan suit chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen doing hoic phan tuyen during bi los i bd • Other OCTA Route etra rata de OCTAL Tuyen doing Mac cda OCTA M Transit Center Centro de transito Truag lam Giao Thing JR Metrolink Station Estactdn de Metrolink I From Metrolink Add trips to serve Oakley shifts pending a revenue agreement for additional service. Agregar viajes para servir los turns de Oakley a la espera de un acuerdo de ingresos para servicio adicional. Them chuy6n de phut vp cac hudng tdi Oakley toy vao thda thuan ve doanh thu de them Bich vu. La Habra to /a /de'n Imperial via /por /qua dUbng Street t* r{ CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de tos dias de semana actuates (Minutos) /Tan suit chayxe Non tai vbo cdc ngby trong tudn (nhieu phut) Imperial & Idaho to /a /de`n Lemon & Main loo 1 too T-1-05-T 105 PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana propuestas (Minutes) /Tan suit chayxe d6mit vbo cic ngby trong tudn (nhieu phut) Imperial & Idaho to /a /den Lemon & Main AM: 6a- 9a I MID: 9a -3p I PM: 3p- 6p EVE: 6p- Rp I NS= No Service/ Sin servicio l Khing c6 dich vu Frequency Improvement Frequency Reduction No Change Mejora de la lrecoencia i neducron de to trecuencia r Ningun cxr blo /Wng toav obi Tog tan suit char w nlam tan suk Cnay xe 6501-23 ATTACHMENT 1 • New Bravo! orXpress Route Nueva ruta Bravo! o Xpress I Tuyin during Bravo! hay Agress m6i • High Frequency Improvement Mejora de la trecuencia alta I Cei thi @n dich vuxe buyt c6 tin suai chay cao • Frequency Improvement and /or Extension Mejora o extension de la trecuencia I Tang tan suSt chayxe va/hoac red ring tuyenxe • Frequency Reduction Reduccon de la Iecuencia I Giam tan suit chayxe • Discontinued Route or Segment Ruta a segmento suspendido I Toy& diOng hoic phdn tuyin during bi loai bd • Other OCTA Route Otra ruta de OCTA Tuyen during khac cda OCTA Q Transit Center Centro de trdnsito Tmng ram Giao Thing IS Metrolink Station Estacidn de MetrolinkI Tram Metmtink Eliminate route because of low ridership, Eliminar ruta par la poca cantidad de pasajeros. Xda bo tuyen do it ngudi dung, Fullerton to /a /de`n Yorba Linda via /por /qua dadrig Commonwealth Ave / Yorba Linda Ave r CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Minutes) /Tan spat chayxe Wn tai vio cdc ngay trong twin (nhieu phut) Fullerton Park& Ride to /a /de'n Fairmont & Bastanchury 60 60 60 60 Fullerton Park& Rideto /a /den Commonwealth & Nutwood 30 30 30 65 PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana propuestas ( Minutos) /7a'n suit chayxe dexuat vio cac ngay tmng tuan (nhieu phut) Fullerton Park & Ride tola /den Yorba Linda & Rose 30 30 30 Fullerton Park & Ride to /a /de`n Commonwealth 30 r & Nutwood Yorba Linda & Rose to /a /de`n Fairmont & NS i NSJ NS NS Bastanchury AM: 6a- 9a I MID: 9a-3p I PM: 3p- 6p I EVE: 6p- 8p INS= No Service I Sin servicio 1 Khdng cd dlch vp Frequency Improvement Frequency Reduction No Change Mejora de is frecuencia, neducci& de is frecuencia / Nfnguncambio Khbngthaydot Lang G7n spot chayxe Giam Onsvillchayse 65D -24 ATTACHMENT • New Bravo! or Xpress Route Nueva rata Bravo.; o Xpress I Ilryen dpdng Bravo! tray Xpress mdi • High Frequency Improvement Mejora de la frecuencia alts I Cai NnOn Bich vuxe buyt cd tan suit chay cao • Frequency Improvement and /or Extension Mejora o extension de la frecuencia I Tang tan swat chayxe valhoac mdrong mye'nxe • Frequency Reduction Reduccidn de la frecuencia I Who tan suit chayxe • Disconti nued Route or Seg ment Rata o segmento suspendmo I Tuye"n dLemg hodc phin tuydh dddng bi Ina ibd ■ Other OCTA Route Otia ruta de OCTAI Tuyen dubng khac cda OCTA W Transit Center Centro de tr here Trung Tam Giao Thong Metrolink Station Estacida de Metrolink I Tram Metrolink Increase frequency to 15 min during peak on short -line between Fullerton Park & Ride & Cal State Fullerton. Aumentar frecuencia 15 min, durante horas Pico en el servicio corto entre Fullerton Park & Ride y Cal State Fullerton, Tang tan suit M 15 phdt mot chuyen trong gid cao die"'m tren tdyeo ngAn gala Fullerton Park & Ride & Cal State Fullerton. Cut east end back to Yorba Linda @ Rose. Cortar la extremfdad este para atras hasta Yorba Linda en Rose. Cat ben cudi hudng ddng ve tdi Yorba Linda @ Rose. Increase frequency for peak hour long -line trips east of State College to 30 min. Aumentar frecuencia para viajes de servicio largo durante horas pico este de State College a 30 min, Tang tan suit cho gid cao digm tren tuyeo dai dr phia ddng State College la 30 phut. `Z' La Habra to /a /Ben Huntington Beach via /por /qua dudng Beach Boulevard r CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dfas de semana actuates (Minutos) / ran suat chayxe hien tai vao cac ngay trong tuan (nhieu phut) Beach & La Habra to /a /de'n Pacific Coast Hwy & 1st 20 ao 30 ao Beach & Malvern to /a /de "n Pacific Coast Hwy & 1st 1 15 1 20 15 26 PROPOSED WEEKDAY FREQUENCIES (BRAVO! 560) (MINUTES) Frecuencias de Ins dial de semana propuestas (BRAVO! 560) (Minutos) / tan sua "t chayxe dgxudt vao cac ngay trong tuan (BRAVO! 560) (nhieu phut) Fullerton Park - and -Ride to /a /de`n Goldenwest Transportation Center 12 18 12 NS PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de Ins dfas de semana propuestas (Mmutos)/ ran so& chayxe dexuat vao cdc ngay trong turn (nhieu phut) Beach & La Habra to /a /de`n Pacific Coast Hwy & 1st 20 20 20 20 AM: 6a -9a I MID: 9a -3p I PM: 3p -6p I EVE: 6p -8p I NS =No Service l Sin servicio I Khdng cddich vu 6501-25 ATTACHMENT 1 • New Bravo! or Xpress Route Nueva ruta Bravo! o Xpress I Tuyen dddng Bravo! hay Xpress mdi • High Frequency Improvement Mejora de la frecuencia alta I Cii thion Bich vgxe buytcd tan sua "t chay cao • Frequency Improvement and /or Extension Mejora o extension de la frecuencia I rang tan suR chayxe valhoac and rong tuyen xe • Frequency Reduction Reduccdn de la frecuencia I Giam tan stalt chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen dudng hobo pha`n tuyen dudng bj loai bd • Other OCTA Route Ona rota de OCTAI Tuyen dtftg khac cda OCTA GG Transit Center Centro de trdnsito I Trung ram Giao Thdng IS Metrolink Station Fstac& de MetrolinkI Tram Metrolink New BRAVO! route from Fullerton Park and Ride to Goldenwest Transportation Center. Provide 12 min, peak frequency and 18 min. off -peak frequency. Nueva ruta BRAVO! desde Fullerton Park and Ride hasta Goldenwest Transportation Center. Proporcionar una frecuencia de 12 min. en horas pico, y una frecuencia de 18 min, f sera de horas pico, Tuyen BRAVO! mdi td Fullerton Park and Ride tdi Goldenwest Transportation Center. Cung cap vdi tan sua "t 12 phut mot chuyen gid cao di6m va 18 phut mot chuyen ngoaigid cao diem. Reduce local service to 20 min. with Bravo! 529 implementation. Reducir el servicio local a 20 min, con Bravo! Implementacidn 529, Giam thdi gian phuc vu trong khu vdc xuong 20 phut vdi Bravo!Thdc hien 529. La Habra to /a /den Fountain Valley via/porlqua duong Euclid Street AM: 6a -9a I MID: 9a -3p I PM: 3p -6p I EVE: Gp- 8pINS= No Service 1Sinserv1cio1Khdngc6nlchv4 Frequency Improvement Frequency Reduction L] No Change Mejord de la fiecuencia r Reduccidn do la trecuencia / Ningan carnhm, 8hoog may tier rang tan sua't chay xe CW,r rhj wit chay xe 65D -26 ATTACHMENT 1 • New Bravo! orXpress Route Nueva ruta Brava! o Xpress I Tuyen duong Bravo! hay Xpress moi • High Frequency Improvement Mejora de la trecuencia aha l Cai thin dick vuxe buyt c6 tan sua"t chat' can • Frequency Improvement and /or Extension Mejora o extension de la trecuencia I Tang tan suift chayxe Whoac mdrongtuy6nxe • Frequency Reduction Reducchm de In trecuencia I G& tan suat chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen during hoic phan tuyen during bi hoar bo ■ Other OCTA Route Otra rota de OCTA I Tuyen during khac cua OCTA GG Transit Center Centro de trainsito Trung ram God Thong IS Metrolink Station Estacidn de Metrolink I Tram Metrolink Reroute south end to South Coast Plaza via MacArthur and Flower. New North Loop Terminus (Whittier, Euclid, Harbor, and Lambert) with alternating trips clockwise/ counterclockwise around terminus loop. Redirigir el extremo sura South Coast Plaza a traves de MacArthury Flower Nuevo North Loop Terminus (Whittier, Euclid, Harbor, y Lambert) con alternancia de via%es hacia la izquierda y derecha alrededor del bucle del terminal, Chuyeh ben' cuoi hudng nam Of South Coast Plaza qua MacArthur va Flower Tuyen fluting vong Ga can i Phia Bac Mdi (Whittier, Euclid, Harbor, va Lambert) vdi cac chuyen luau phien chaythen chieu kim long ho/ngupc chieu kim dung ho xung quanh duong vongga Choi. Peak headway reduced from 30 to 15 min; off -peak headway from 40 to 30 minutes. New alignment provides service on section of Route 76 proposed for elimination. Avance en horas pico reducido de 30 a 15 min.; avance Mere de bores pico de 40 a 39 minutos. Nueva alineacion proporciona servicio en una seccion de la Ruta76 propuesta a ser eliminada, Cai thien tan suit gid cao d1drD t&30xuong 15 phdt mot chuyen; tan suit ngoai gio cao diem tO40xu6ttg 30 phut mot chuyen. Tuyen mdi to chic lai cung cap Bich vu tr6n phan cua tuy6h 76, dudc de xuat xoa bA Garden Grove to /a /de`n Orange via /por /qua dung Garden Grove Boulevard CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de Ins dias de semana acmales (Minutos) /Tarn suatchayxe hiin tai vao cec ngeytrong turn (nhreu phut) Chapman &Va[ley View to /a /de "n Orange 40 40 40 60 Transportation Center PROPOSED WEEKDAY FREQUENCIES (M I NUTES) Frecuencias de los dias de semana propuestas (Minutos) /Tan suftchayxe dexuit vao cac ngay trong tuan Chapman & Valley View to /a /de "n Chapman & Beach Chapman & Beach to /a /den La Veta & Parker La Veta & Parker to /a /de "n Orange Transoortation Center AM: 6a -9a I MID: 9a- 3pI PM: 3p -6p I EVE: Rip -ap I NS= No Service I Sin servicio l Who c6 dich vu Frequency Improvement Frequency Reduction F-1 No Change Mejora de la trecuencia r Reduction de la trecuencrd / Vmgcr, Tang tin suet chary xe Gldm t9a soa"t G;ayxe 65D -27 ATTACHMENT m New Bravo! orXpress Route Nueva rata Bravo! o Xpress I Tuyen during Bravo! hay Xpress mdi ■ High Frequency Improvement Mejora de la trecuencia alta I Cai thiin Bich vyxe buyt co tan suit chary taro ■ Frequency Improvement and /or Extension Mejora o extension de la becuencia I Tang tin suit chayxe va /hoic endrnng toyen xe ■ Frequency Reduction Reduction de la trecuencia I Giam tan sua't chayxe ■ Discontinued Route or Segment Ruta o segmento suspendido I Tuyen during hoic phin tuyen duung bi loai bd ■ Other OCTA Route Otra ruta he OCTAI Tuyen during khic cua OCTA M Transit Center Centro de trimurto I Tmng lam Giao Thdng Metrolink Station Estac* de Metrolink I Tram Metrolink New western terminus at Beach and new eastern terminus at Parker. Nueva estacidn terminal occidental en Beach y nueva estacion terminal oriental en Parker. Ga cubi phia toy mdi tai Beach va ga cu6i phia d6ng mdi tai Parker. Improve peak frequency from 40 to 30 min. Mejorar trecuencia en horas pico de 40 a 30 min. Tang tan suit gib can Mtn td 40 14n 30 phut mot chuye "'n. Riders on east end can connect to OTC via Routes 53, 54, and 59. Los pasajeros en el extremo este pueden conectaral OTC a braves de las Rutas 53, 54, y 59, Cie hanh khach d ben cuo "i phia dong cd the ke "t not vdi OTC qua tuyen 53, 54, va 59. Yorba Linda to /a /de`n Balboa via7por7qua dtrong Tustin Avenue Med Hill Avenue /Newport Boulevard AM: 6a - 9a I MID: 9a - 3p PM: 3p- 6p I EVE: 6p - 8p I NS = No Service l Sin servicio l Khong co Bich vu R" Frequency Improvement Frequency Reduction F-] No Change Reduccidn de la trecuencia / Ningur, cambia / %h6ng thaq 16, GiBm tan su* Choy Xe ATTAC';P • New Bravo! orXpress Route Nueva rota Bravo! oXpressI myendudng Bravo!hayXpressmdi • High Frequency Improvement Mejora de to trecuencia alta I Cai thien dick vu xe buit co tan soar chay cao • Frequency Improvement and /or Extension Mejora o extension de to trecuencia I rang tan suit chayxe Who& and nong tuyen xe • Frequency Reduction Reducehim de la trecuencia I Win tan suit chayxe • Discontinued Route or Segment Rota o segmento susleenumdo I Tuyen dddng hoac phim tuyen dddng to foal bo • Other OCTA Route Otra ruta de OCTAL Tuyen dddng khac cua OCTA LG Transit Center Centro de transito I Trung Tam Glee Thong Metrolink Station Estacton de Metrolink I Tram Metrolink Eliminate route south of Triangle Square. Eliminar la ruta al Sur de Triangle Square. Xda bd tuye"n phfa nam Triangle Square. Improve frequency from 45 minutes to 30 min. during peak and midday. Matorar la frecuencia de 45 minutes a 30 min. durante horas pico y de mediodfa, Cai thlen tan suit h745 phut fen 30 phut mot chuydn trong gid cao diem va gii7a ngay. 47 and 55. 47y 55, 47 va 55, L'. Sunset Beach to /a /dee-n Tustin via /por /qua dddng Warner Avenue AM: as - 9a I MID: 9a - 3p I PM: 3p - 6p I EVE: 6p - 8p I NS = No Service l Sin servicio l Khong c6 dich vu Frequency Improvement Frequency Reduction F-1 No Change Mejora de la frecuencia r Reduccibn de la frecuencia! Ningin cambio / Moog thayd0( Tang tin surtcnayxe Grarri tin suat chayxe 65D -29 ATTACHMENT • New Bravo! orXpress Route Nueva ruta Bravo!o Xpress i Tuy& dudng Bravo! hay Xpress mdi • High Frequency Improvement Mejora de la frecuencia alta I Chi thien Bich vuxe buyt c6 tan suAt chat' cap • Frequency Improvement and /or Extension Mejora o extension de la /recuencia I Nag tan sudit chayxe Alhoje and rong tuyd'n xe • Frequency Reduction Reduce* de la frecuencia I GMm tan suat chayxe • Discontinued Route orSegment Ruta o segmento suspendido I Tuye`n dudng We phan tuyen dddng bi loai bd ■ Other OCTA Route Gtra ruta de GCTA Tuyeb dddng khac cda DCTA W Transit Center Centro de trensito Tmng ram Giao Thong Metrolink Station Estact6n de MetiolinkI Tram Metrolink Extend route to Tustin Ranch Road. Extender la ruta a Tustin Ranch Road. Md r6ng tuydn tdi Tustin Ranch Road. Peak frequency increased to 30 min. from 45; off -peak frequency increased to 30 min. from 60. La frecuencia en horas Pico aument6 de 30 min. de 45 min.; la frecuencia durante horas tuera de pico aumentd de 30 min. a 60. Tin sudt gid cao diem tang len 30 phut mot chuyAn ti145 phut, tang tan suatgid thi p diem len 30 phdt m6t chuy6n ti160 phut. Tustin to /a /Ben Newport Beach via /por /qua dudng Irvine Boulevard /Culver Drive / University Avenue AM: 6a -9a MID:9a -3p PM:3p -6pI EVE: 6p-Bpl NS= No Service/ Sin servicio l Kh6ng c6 dich vu Frequency Improvement Frequency Reduction No Change Melora de la frecuenuat Reduction de la necuenre Ningim ezm610 /k:h6og Nay 06 long rA sug chay se Won tan suat n@ay re 65D -30 IL. 1W ATTACHMENT • New Bravo! or Xpress Route Nueva anal Bravo! o Xpress l Tuy6n dudng Bravo!hayXpress mdf • High Frequency Improvement Mejora de la frecuencia alta I Cali thign dich vuxe buyt co tan suit chay cac • Frequency Improvement and /or Extension Mejora o extension de la frecuencia I Tang tan sua "t choyxe va/hoac redr6ng tuy6n xe • Frequency Reduction Reduccion de to frecuencia 164m tan suai chayxe • Discontinued Route or Segment Hera o segmento suspendido I Tuyern dudng hoic phan tuyen dudng bj loaib6 ■ Other OCTA Route Otra ruta de OCTA I Tuyen dddng We cda OCTA Q Transit Center Centro de tronsito Trung lam Giao Thong II Metrolink Station Estacldn de MetrolinkI Tram Metrolink Improve frequency to 30 min. all day and remove Northwood section of route. Irvine Boulevard will be covered by recommended routing change to Route 167 Mejorar la frecuencia a 30 min, todo el dfa, y eliminar la secci6n de Northwood de la ruta, Irvine Boulevard se cubrira por el cambio recomendado de ruta a la Ruta 167. Cali thik tan sujt la 30 phdt m6t chuye"n ca ngay va 156 chang Northwood cua tuyen. Irvine Boulevard se duac phut vu bdi de xua't that' doi sang tuyAn 167 Foothill Ranch to /a /dee-n Laguna Niguel via /podqua dddng Portola /Santa Margarita /Antonio/ Crown valley CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Minutos) /Tan suit chayxe Non tai vea cdc ngdyhong tudn (nhieu phur) Towne Centre & Alton to /a /Ben 70 65 60 60 Saddleback College PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dtas de semana propuestas (Minutos) /Tan sug chayxe de "xuit vao cdc ng9y trong turn Towne Centre & Alton to /a /de'n , s0 so Santa Margarita &Antonio Santa Margarita & Antonio to /a /de'n Saddleback College AM: 6a - 9a I MID: 9a - 3p I PM: 3p - 6p I EVE: 6p - 6p I NS = No Service I Sin servicio I Khong co dich vu Frequency Improvement Frequency Reduction No Change Melon d, la 6ecuencra r ,i �ilJO Camhlo /Hhdng that' dfii Tangtzn suatchayxe J:amran vuatcnayxr, 65D -31 ATTACHMENT • New Bravo! orXpress Route Nueva rota Bravo! o Xpress I Tuyen during Bravo!hayXpress mdi • High Frequency Improvement Mejom de la trecuencia alta I C& thOn dich vuxe buyt cd fan suit chay cao • Frequency Improvement and /or Extension Mejora o extemu6n de la trecuencia I Tang tin suit chayxe vd/hoic and rong tuyinxe • Frequency Reduction Reduction de la trecuencia I Giam tin suit chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen during hoic phin tuyen dudngbiloaibd ■ Other OCTA Route Otra ruta de OCTA I Tuyen during We cda OCTA W Transit Center Centro de transito I Trung 1aam Giao Thong Metrolink Station Estacidn de, MetrotinkI Tram Metrolink Cut route back south of Santa Margarita at Antonio because of low ridership. Cortar la ruta Para atrds al sur de Santa Margarita en Antonio por la poca cantidad de, pasajeros, Cat tuyen phia nam Santa Margarita tai Antonio do it ngddi dung, Saturday service will be eliminated because of low ridership. El servicio de los sabados se, eliminari por /a poca car tidad de pasajeros. Dich vu ngay Th0Bay se bt xda bd do it ngddi dung. Mission Viejo to /a /Ben Dana Point via /por /qua dttdng Marguerite Parkway / Crown Valley Parkway AM: 6a -9a I MID: 9a- 3pI PM: 3p -6p I EVE: Big - 8pINS =No Service l Sin servicio I Wing co dich vu Frequency Improvement Frequency Reduction F-] No Change Melon de ra frecuencia / Reduction de la frecuencia / Nrngmi cambio /Xhoog 0.14 aet Fang tan suatchayxe Giam tar, suit chpy xe 65D -32 sp ATTACHMENT • New Bravo! or Xpress Route Nueva ruta Bravo! aXpress I Foyer? during Bravo! hay Xpress mdi • High Frequency Improvement Mejorade la frecuencia atte I Chi thien Bich vuxe buyt co tan suat chay cao • Frequency Improvement and /or Extension Mejora o extension de to frecuencia I Tang tan sea "tchayxe va/hoac and tong tuyen xe • Frequency Reduction Reduction the to frecuencia I Giam tan sua'tchayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen doting hoac phan toyeh doting bi loaibo ■ Other OCTA Route Otra ruta de OCTA Tuyen dudng We cua OCTA W Transit Center Centro de trAnsint ( Tmng ram Giao Thong it Metrolink Station Estacion de Metrolink) Tram Metrolink Cut route back south of Alicia Parkway at Crown Valley Parkway. Cortar la ruta para atrds at sur de Alicia Parkway en Crown Valley Parkway. Cat tuyen phia nam Alicia Parkway tai Crown Valley Parkway. Reduce to 60 min. frequency because of low ridership. Reducir la frecuencia a 60 min, par la poca cantidad de pasajeros. Giam tdn suit xuCing 60 phut in it chuyen do it ngudi dung. Saturday service will be eliminated because of low ridership. E/ servicio de Ins sabados se eliminara por la poca cantidad de pasajeros. Dich vu ngay Thd Bay se bi xda b6 do it ngudi dung. Rancho Santa Margarita to /a /Ben Laguna Niguel via /por /qua dddng Alicia Parkway CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de ins dies de semana actuates (Minutes) /Tan suet chayxe hien toi vao cdc ngdytrong tuan (nhieu phut) Avd Empress & Aventura to /a /de'n 60 60 60 NS Niguel & Crown Valley PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dies de semana propuestas (Minutes) / tan suet chayxe dexuat vdo cdc nghy trong tuan (nhieu phut) Avd Empresa & Aventura to /a /de "n Niouel & Crown Vallev NS AM: 6a - 9a MID: 9a - 3p PM: 3p - 6p I EVE:6p-8pl NS= No Service I Sin servicio t KhBng c6 dich vu Frequency Improvement Frequency Reduction No Change Mejora de Is hecuencia l Reduction de la hecuencia / Ningan cambia / Khong tbaP doi Tng Ian suit chayxe u!am ton SUN chat' xe 65D -33 ATTACHMENT 1 • New Bravo! orXpress Route Nueva ruta Bravo! oXpress I Tuyen dudng Bravo! hay Xpress mdi • Nigh Frequency Improvement Mejora de la hecuencia atta I Chi thidn dich vu xe buytc6 tan suit chpy cao • Frequency Improvement and /or Extension Mejora o extension de la frecuencia I tang tan suit chayxe vh/hoic morong tuy6it xe • Frequency Reduction Reduccion de la hecuencia l Gihm tan sua't chayxe • Discontinued Route or Segment Ruta o segmento suspendido l Tuyen ddVng hoic phan tuyen dining of loai ho ■ Other OCTA Route Otra ruta de OCTAL Tuyen ddong khdc cda GCTA Q Transit Center Centro de trdnsito Trung lam Giao Thong Metrolink Station Estacion de MeholinkI Tram Metrolink Eliminate route because of low ridership. Ellminar ruta por la poca cantidad de pasajeros, X6a bd tuyen do it ngddi ddng. Weekday and Saturday service will be eliminated. El servicio entre semana y de IDS sebados se eliminar2. Dich vu ngay trong tudn v6 Thu Bay se bi x6a b6. Anaheim to /a /de "n Irvine via /por /qua duong Tustin Avenue/ Hewes Street/ Bryan Avenue AM: 6a - 9a I MID: 9a - 3p PM: 3p - 6p EVE:6p-8pl NS= No Service/ Sin servicio T Khang co dich vu Frequency Improvement Frequency Reduction E] No Change Mejora de la frecuencia / ReduccldP de la frecuencia; Nmgun eambio / Khbng tray 1551 Ting tin soot chat xz Glom Mn su2iChoy xe 6TTACHMENT 1 • New Bravo! orXpress Route Nueva ruta Bravo! o XpressI Tuyen duang Bravo!hayxpress mdi • High Frequency Improvement Mejora de la frecuencia alto I Chi fligm dich mxe buytco tan suat chat' coo • Frequency Improvement and /or Extension Mejora o extension de la frecuencia I Tang tan sua "t chayxe valhoac marong tuy6nxe • Frequency Reduction Reduction de la frecuencia I Won tan suat chayxe • Discontin ued Route or Seg ment Ruta o segmento suspendido I Tuyen dudng hoic phan tuyen ddang bi loai bb ■ Other OCTA Route Otm rota de OCTAI Tuyen during khac cua OCTA M Transit Center Centro de trinsito Trung ram Goo Thong Metrolink Station Estacion de Metrolink I Tram Metrolink Restructure route to cover sections of Irvine Blvd. Jeffrey Rd. no longer served by Routes 79 and 175. Reestructurar la ruta para cubrir sections de Irvine Blvd. Jeffrey Rd. ya no recibe servicio de las Rutas 79 y 175. Tai co ca 'u tuyen de bao l i cac chang cua Irvine Blvd. Jeffrey Rd, khong con duoc cac tuyeb Routes 79 va 175 phut vu. Serve new portion of North Irvine based on customer requests. Servir una nueva porcidn de North Irvine en base a las solicitudes de los clientes, Phuc vu chang mdi cua North Irvine theo yeu cau cua khach hang. Extend route south to UC Irvine and eliminate service north of The Village at Orange. Extender la ruta hacia el Sur a UC Irvine y eliminar el servicio norte de The Village en Orange. Md rong toyer, phia nam tdi UC Irvine va xoa bo djch vu phia baC The Village tai Orange. Eliminate Saturday and Sunday service because of low ridership. Elimjnar el servicio de, las sabados y domingos por la poca cantidad de pasajeros. Ada bo dich vu Thd Bay va Chu Nhat do it nguoi dung. PZ,I Laguna Hills to /a /den Dana Point via /por /qua BUdng El Toro Road /Aliso Creek Road /Niguel Road CURRENT WEEKDAY FREQUENCIES (MINUTES) F Frecuencias de los dias de semana actuates (Minutos) /Tan suit chayxe hien tai vdo cdc ngay trong Min (nhieu phut) Laguna Hills Transp. Center to /a /dee'n Golden ao /so NS 30160 NS Lantern & Dana Point PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana propuestas (Minutos) / tan soft chayxe daxuftvzo c9c ngay trong tuan (nhieu phut) LagunaH ills Transp .Centerto /a /de"nG old en NS NS Lantern & Dana Point AM: 6a - 9a I MID: 9a - 3p I PM: 3p - 6p I EVE: 6p - 8p I NS = No Service l Sin servicio / Khdng c6 dich vu RI Frequency Improvement Frequency Reduction F-1 No Change Reduccidn de la!recuenaa/ Nmguncamnro /Hhdng Mae 6f Gom tSn sog Choyxe 65D -35 ATTACHMENT • New Bravo! orXpress Route Nueva ruta Bravo! oXpress I Tuye'n dudng Bravo! hay Xpress mdi • High Frequency Improvement Mejora de la trecuencia aha I Cdi thien dich vuxe buyt cd tan suit chay cao • Frequency Improvement and /or Extension Mejora o extensidn de la trecuencia I Fang tan suit chayxe va/hoirc mdrgng toyenxe • Frequency Reduction Reduccidn de la frecuencia I Gihm tan suit chayxe IN Discontinued Route or Segment Ruta o segmento suspendido I Tuyin dudng hoac phan tuyen dudag bi loai bd ■ Other OCTA Route Otra ruta de OCTAL Tuyeh dudng khac cda OCTA W Transit Center Centro de Wnsito I Trang ram Ciao mdng Metrolink Station Estacidn de MetrolinkI Tram Metrolink Eliminate route because of low ridership. Eliminar ruta por la poca cantidad de pasajeros. Xoa bd tuyen do it ngudi dung. Laguna Hills to /a /de`n Irvine via /por /qua dudng Moulton Pkwy /Irvine Center Dr / Alton Pkwy/ Ridge Route CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Minutos) /Tan suit chayxe hien tai vao cat ngay trong tua'n (nhieu phut) Laguna Hills Transp. Center to /a /den Laguna Hills 56 NS 45 NS Transp. Center PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de Ins dias de semana propuestas (Minuets) /Tan su& chayxe dexua "t vao cac ngay trong tuan ( nhieu phut) Laguna Hills Transp. Centerto /a /de`n Laguna Hills Ns NS Transp. Center SOL AM: 6a - 9a I MID: 9a - 3p PM: 3p - 6p I EVE: 6p - ap I NS = No Service l Sin servicio l Khdng co dich vu Frequency Improvement Frequency reduction F-] No Change Mrsjorz de la Lecuewo Roduccidn de la benrenco Mnguncombo /Khdng thay d6i 61N) (d'! sua( May V' , Inam tin sua't chay re 6TTHMENT 1 ad • New Bravo! or Xpress Route Nueva rura Bravo! o Xpress I Tuyen dudng Bra vol hay Xpress mdi • High Frequency Improvement Mejora de la frecuencia alta I CN thien dich vp xe buyt co tan sua! Choy cao • Frequency Improvement and /or Extension Mejora o extension de la frecuencia I Tang tan sua`t chayxe Alhoac marong ttryen xe • Frequency Reduction Reduction data firecuencial Giam tan suat chayxe IN Discontinued Route or Segment Ruto o segmento suspendido I Tuyen dudng hoac phin tuyeh dddngbi Imvbo ■ Other OCTA Route Otra ruta de OCrA Tuyen dudng khac cua OCTA W Transit Center Centro de transito Trung ram Giao Thong Metrolink Station Estacion de MetrolinkI rram Metrofink Eliminate route because of low ridership. Eliminarruta por la poca cantidad de pasajeros. Xda bo tuy6n do it ngudi dung. 86 and 90. 86y 90. 86 va 90. Mission Viejo to /a /Ben San Clemente via /por /qua dudng Rancho Viejo Road /Camino Capistrano / E/ Camino Real Ito • New Bravo! or Xpress Route Nueva ruts Bravo!oXpress I Tuyen during Bravo! hayXpress mdi • High Frequency Improvement Mejora de la frecuencta alta I Cat thien dich vpxe buyt c6 tan suit chay can • Frequency Improvement and /or Extension Mejora o extensicin de la frecuencia I Tang tan suit chayxe va/hoac mdrong taye'n xe • Frequency Reduction Reduccon de la frecuencia I Giam tin suit chayxe • Discontinued Route or Segment Ruta a segmento suspendido I Tuyen during hoac phan toyen during bi loai b6 • Other OCTA Route Otra ruta de OCTA I Tuyen dueng khac cda OCTA Q Transit Center Centro de trznsito I Trung ram Giao Thong J1 Metrolink Station Estacidn deMetrolink I Tram Metrolink Eliminate route because of low ridership. Eliminar Fula por la poca cantidad de pasajeros. X6a bd tuyen do it ngddi dung. Weekday, Saturday, and Sunday service would be eliminated. Se eliminaria el servicio entre semana, los sibados, y los domingos. Bich vu ngay trong tuan, Thd Ray, va Chu Nhat se bix6a bd. CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Minutos) / tan suit chayxe hi¢n tai vao cac ngay trong tugn (ahteu phut) Saddleback College to /a /de'n El Camino & Santa 30 30 30 66 Margarita PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de Ins dias de semana propuestas (Minutos) l ran suit chayxe d6mit vao cac ngay bong tugg "n (nhieu phut) Saddleback College to /a /de "n El Camino & Santa AM:6a -9a MID:9a -3p I PM: 3p -6p I EVE: 6p- Bit INS= No Servicel SinservicioI Kh6ngc6dich vu Frequency Improvement Frequency Reduction �No Change Mejora de la Hecuenda/ Reducu6n de la 6emenda/ Ningdn carndlo /Khdng t0v16) Meng tan snit cBpyxe G!sln Or so3f rryayxe 65D -37 ATTACHMENT San Clemente via /por /qua Mrng Katella Avenue 0e Ro �ou�ruRazas - ors — AM: 6a- 9a I MID: 9a -3p I PM: 3p- 6p I EVE: 6p- Bp INS= No Service l Sin servicio! Khong co dich vu Frequency Improvement Frequency Reduction F-1 No Change Mejora de la hecuenoar Reduction de u lrecuencia: Ningun cambia. Khong thay ddi Fang tan su2tchgyxa Giam tin ouatMayxe 65D -38 ATTACHM 1 • New Bravo! orXpress Route Nueva rota Bravo! o Xpress I Tuyter during Bravo! hay Xpress in di • High Frequency Improvement Mejora de la lrecuencia alta I Cat thin dich vuxe buit to tan suit chaycao • FrequencyImprovement and /or Extension Mejora o extension de la lrecuencia i Tang ta'n soft chayxe va/hogc and rong tuy6 xe • Frequency Reduction Reduction de la frecuencial Giam tfn suit chayxe • Discontinued Route or Segment Ruts, o segmento suspendido I ruyen duong We phfn tuyen doting bi loai bb • Other OCTA Route otra ruta de OCTAL Tuydn dudng khdc cua OCTA Q Transit Center Centro de trSnsito Trung Tdm Ciao Thong Metrolink Station EstaciondeMetrofinki Tram Metrolink Eliminate route because of low ridership. Eliminar ruta por la poca cantidad de pasajeros. Ada bo tuyen do it ngddi dung. (Express) Seal Beach to /a /de`n Irvine via /por /qua difft Interstate 405 (1 -405) WiNRY. Po! hVVFM � �MfgWfiA fa af s € caamc � � ramu wvoFxcrowE �y�wssrvre+m � ao�oexweti s mnwa. cextFrt ¢.�co 8 q:F�S .nuc +¢mx urE � rw nm q nwxr nuvnr �yY R9e ;Aa a7 3, CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Minutes)/ ran sua"tchayxehien tai vao cac ngaytrong tuan (nhreu phut) IElNO K Strips %4 gnFxsm I strips NNN[ W %'r Cr 4ws� L (ahteu phut) � Goldenwest Transp . Center to /a /ddnIrvine Station NS r NS ayM %oas. �fo qy�� .a J, P Z 3 a� d Gca r CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuates (Minutes)/ ran sua"tchayxehien tai vao cac ngaytrong tuan (nhreu phut) Leisure World to /a /de'n Jeronimo &Alton Strips I Ns I strips Ns PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana propuestas (Minutes) l ion suat chayxe de xuat vao cac ngay trong tuan (ahteu phut) Leisure World to /a /de "n Goldenwest Transp.Center NS Ns Goldenwest Transp . Center to /a /ddnIrvine Station NS r NS Irvine Station to /a /de "n Jeronimo & Alton NS NS AM: 6a - 9a I MID: 9a - 3p I PM: 3p - 6p I EVE: 6p - 8p I NS = No Service l Sin servicio l Rhino co Bich vu Frequency Improvement Frequency Reduction E] No Change c v Tc encra i Ning'n cambo I Khon- chay 86i ''I Ke 65D -39 '!kkTTACHMENT 1 • New Bravo! or Xpress Route Nueva ruta Bravo.! o Xpress I Tuyen during Bravo! hay Xpress mdi • High Frequency Improvement Mejora he la frecuencra alta I Carthien dich vuxe buyt co tan suit chay cao • Frequency Improvement and /or Extension Mejora o extension de la trecuencia I Tang tan seat chayxe valhoac and rdng Nye'n xe • Frequency Reduction Redoccrdn de to Becuencia I Gram tan suit chayxe • Discontinued Route or Segment Rita o segmento suspendido I Tuyen during hoac phan tuyen dddng bi loarbo IN Other OCTA Route 0mr rota de OCTAi Tuyen during khac cda OCTA W Transit Center Centro de transito Trung lam Giao Thing I# Metrolink Station fstacidn de MetrolinkI Tram Metrolink Streamline routing from Irvine Station to Goldenwest Transportation Center via 1 -405 with stops at Irvine Spectrum, Irvine Business Complex, and South Coast Plaza. Coordinar el enrutamiento desde Irvine Station a Goldenwest Transportation Center troves dell -405 con paradas en Irvine Spectrum, Irvine Business Complex, y South Coast Plaza. To ch ?c tot hdn tuyen tO Irvine Station tdi Goldenwest Transportation Center qua 1 -405 vdi cac diem dung tai Irvine Spectrum, Irvine Business Complex, va South Coast Plaza, Provide 30 -min. peak hour frequency in both directions. Proporcionar una frecuencia de 30 min. durante horas pico en ambas direcciones. Cung cap vdi tansui t 30 phdt mot chuyen trong gid cao diem tren ca hai htldng. Eliminate segments west of GWTC and east of Irvine Station. Etiminar segmentos at oeste de GWTC y este de Irvine Station. Xda bd cac phan d phia toy GWTC va phia doing Irvine Station. Add stops in Irvine Business Complex. Agregarparades en Irvine Business Complex. Them cac die "'m ding tai Irvine Business Complex. (Express) Huntington Beach to /a /don Los Angeles via /por /qua during 405 Fwy / 605 Fwy/ 105 Fwy/ 110 Fwy r CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los Bias de semana actuates (Minutos) /Tn suit chayxe hion tai vao cac ngaytrong hain (nhieuphuo GoldenwestTransp . Centerto Union Station 3trips N3 I 3trips I NS PROPOSED WEEKDAY FREQUENCIES (M I NUTES) Frecuencias de los Bias de semana propuestas (Minutos) / tan sudt chayxe dexua "t vao cac ngay trong tuan (nhieu phut) G old enwestTransp .Ccnterto /a /dbnH arborGateway j NS Ns Transit Center HarborGateway Transit Center to /a /deen NS M NS Union Station AM: 6a - 9a I MID: 9a - 3p I PM: 3p - 6p I EVE: 6p - 8p I NS = No Service l Sin servicio l Khdng cd dich vu Frequency Improvement Frequency Reduction F-1 No Change Mejoru dela frecuencia/ Beducefdn de la hecuenaa/ Ningurt canrbio, K'hdnn that' 16,' iangtao SO ch,ryxe Gi'n to suit chayxe 65D -40 ATTACHMENT • New Bravo! orXpress Route Nueva ruta Bravo! oXpress I Tuyen during Bravo! flay Xpress mdi • High Frequency Improvement Wpm de la frecuencia alta I Cai thten dich vu xe buyt co tan suit Chat, cao • Frequency Improvement and /or Extension Mejora o extension de la frecuencia I Tang tan suit chayxe va/hoac and rung tuyen xe • Frequency Reduction Reduction de la frecuencia I Guam tan suit chayxe • Discontinued Route or Segment Ruta o segmento suspendido I Tuyen dVdng hoac Phan tuyen during bi foai bd ■ Other OCTA Route Otra ruta de OCTA Tuyen dtidng khac coa OCTA GG Transit Center Centro de transito I Trung ram Gat; Thong Metrolink Station £station de MetrolrnkI Tram Metrolink Realign route to Harbor Gateway Transit Center connecting to Metro Silver Line. Ajusta la alineacion de la Ruta al Harbor Gateway Transit Center quo conecta Metro Silver Line. F6 chec lai cac tuyen during d6h Harbor Gateway Transit Center ket n67 tdi Metro Silver line. Provide bi- directionaI30- minutes peak frequency. Ofrecer frecuencia de 30 minutos durante las horas mas ocupadas. Cung cap nhOng chuyen hai chieu vdi tang suit 30 phtit d gid can diem. Keep direct routing to Downtown Los Angeles and streamline routing by removing service on 5th, 6th, and 8th streets. Mantenga la ruta directa a Downtown Los Angeles y cortar servicio en las calles 5th, 6th, y 8th. Gfu tuy& during truc T p den Downtown Los Angeles va gian tien hoa tuyen duong bang cach loai btu dich vu tren duong 5th, 6th, 8th Eliminate last northbound morning trip. Efiminar el ultimo viaje hacia el norte en la manana. Loai bb chuyen di cuoi cung buoi sang hudng bdc. (Express) Fullerton to /a /dee-n Los Angeles via /por /qua dudng Interstate 405 (1 -405) 16 HARBOR GATEWAY TRANSIT CENTER fN!fEfm3E FULLERTON RARN#tRH AM I MID EVE IM CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana actuales (Minutos) /Tin suit chayxe hiin tai vbo cdc ngby tmng tuan (nhieu phut) Fullerton Park-and-Ride to/a/dIgn Beaudry & 5th I 7trips I NS 7trips NS PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana propuestas (MTnutos) /Tan suit chayxe dexua"t & cdc ngay trong tuan (nhieu phut) Fullerton Park - and -Ride to /a /de'n Harbor r NS r NS Gateway Transit Center Harbor Gateway Transit Center to /a /de "n Beaudry & 5th NS Ns AM: 6a - 9a I MID: 9a - 3p I PM: 3p - 6p I EVE: 6p - 8p I NS = No Service I Sin servicio I Kh6ng cd dich vu Frequency Improvement Frequency Reduction E] No Change Mejora de la hecuencia/ Redueror de la becuenro Nitig6r, cambio /Nhpng thay ddi Fang ran seat ckTV xz Glam4nviOt hpyxe 65D -41 ATTACHMENT 1 • New Bravo! orXpress Route Nueva rota Bravo! o Xpress I Tuyen dubng Bmvo!hayXpress mdi • High Frequency Improvement Mejora de to trecuencia aRa i Cii IN& dtch vuxe buytc6 tan suit chay cap • Frequency Improvement and /or Extension Majors o extensi6n de la hecuencia I Tang tan suit chayxe vi/hozc and rong tuyen xe ■ Frequency Reduction Reduccon de la hecuencia I 60m tan suit chayxe ■ Discontinued Route or Segment Ruta o segmento suspendido I Tuyen dddng ho4c phan tuyen dddng bi loai bd ■ Other OCTA Route Otra rota de OCTAL Tuy €n dubng khdc cua OCTA LA Transit Center Centro de trensdo Trung ram Giao Th6ng Metrolink Station Estacidn de Metrolink I Tram Metrolink Realign route to Harbor Gateway Transit Center connecting to Metro Silver Line. Ajusta la alineacidn de la Ruta at Harbor Gateway Transit Center que conecta Metro Silver Line. To chdc lai cac tuyen dudng den Harbor Gateway Transit Center 4t n6i tdi Metro Silver line. Provide bi-directional 30-minutes peak frequency Ofrecer frecuencia de 30 minutos durante las horas Inds ocupadas Cung cap nhdng chuyen hai chieu vdi tang suit 30 phut d gid Cao diem Keep direct routing to Downtown Los Angeles and streamline routing by removing service on 5th, 6th, and 8th streets. Mantenga la ruta directa a Downtown Los Angeles y cortar servicio en las Callas 5th, 6th, y 8th. G& tuyen dudng truc tMI o den Downtown Los Angeles va g6n tien h6a tuydn dudng b9ng cach loai bd dich vu tren duong 5th, 6th, 8th, (Express) Pomona to /a /de "n Santa Ana Express via7por /qua ddi ng State Route 57 (SR -57) NETROLMN DOWNTOWN POWNA z NIETROLIN a„ INDUS v P 'Dr, IUkPARK �t3 a .mLS DnmE NR,a wwT ry F, Aro« r N G �J At ai a Nt �PAt'A{, G'Alfl0.r y iut ;� �' Y sYneu.y _ wxs '" g CINMYX iv � CY4R41i L«PPMAY yZ 4VE` LA52XG�VE CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de les dias de semana actuates (Minutos) / Ian sudt chayxe hien tai 0o cic ngay bong tuin FairplexPark- and -Ride to /a /den Flower &6th I 2trips I Ns I 2trips I Ns PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dias de semana pmpuestas (Minutos) /Tan suit chayxe dem5t vao cic ngay trong tuan (nhieu phut) FairplexPark- and -Ride to /a /de'n Flower &5th Ns NS AM: 6a -9a I MID: 9a -3p I PM: 3p -6p I EVE: 6p -ap I NS= No Service I Sin serviciel Khing c6 dich vp O Frequency Improvement Frequency Reduction No Change Mejora de la 6ecuewor Reduction de la Iremeocia/ Ninguncambia Wngchaydci ianp tan su2tchay xc GO'nI nseatthey xe 65D -42 ATTACHMENT • New Bravo! orXpress Route Nueva rota Brava? oXpress I Tuyeh during Bravo! hay Xpress mdi • High Frequency Improvement Mejora de la lrecuencia alta I Cai h i¢n dich vu xe buyt ed tin SUN chay can • Frequency Improvement and /or Extension Mejora o extension de la lrecuencia I Tang tan suit chayxe va/hoac and long tuy6n xe • Frequency Reduction Reduccion de to lrecuencia I Giam tin su5t chayxe • Discontinued Route or Segment Rota o segmento suspendido I Tuye6 citing hoac phan tuyih during bi lwi bi • Other OCTA Route Otra ruta de OCTAL Tuy€"n during kh6c cis OCTA ;Q Transit Center Centro de trinsito I Tong lam Giao Thing MetrolInk Station Estaci6n de Mehclt ur) Tram Metrolink Eliminate route because of low ridership and because it partially duplicates Foothill Route 286. Eliminar ri to por la poca cantidad de pasajeros, y porque parcialmente duplica la Ruta Foothill 286. Xda bb tuyen vi it nguui dung va vi trang lap mot phan vdi tuyk 286 Foothill. Foothill Transit 286. (Express) Chino to Irvine Spectrum via /por /qua dudng SR-5711-5 rN I,wKm N PARK AND RIDE RnRaR.0 IN i a,n c�uRUe� gFCFN V4JVF �nANiiEA NA" CANN, . yAMG�� rte[ I ePAKy� t ��it PoF� F CHINO 4 ,ZI, �11tN v NETROLINK IRVINE yYA�G g rR � .e'.gp6.,uo r CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dfas de semana actuates (Minutos) /Tan suit chayxe hien tai van cSc ngkytrong tuan (nhieu phut) ChInoTransit Center tolrviReStation 2trips I NS 2trips NS PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dfas de semana propuestas (Mmutos) /Tan suit chayxe de xoat vao czc ngby Kong tuan (nhieu phut) Chino Transit Center to Irvine Station NS NS AM: 6a - 9a MID: 9a - 3p PM: 3p - 6p EVE: 6p - 8p NS = No Service l Sin servicio l Khdng co dick vu Frequency Improvement Frequency Reduction �No Change Mejora de Idfiecuence Reducci6n de to frecuencia / Ningur, cambo /Wng 'hay ddi Yang On sudtchayxe Giam tan suit rhayxe 65D -43 ATTACHMENT 1 ■ New Bravo! or Xpress Route Nueva ruta Bravo! o Xpress I Tuye "n dudng Bravo! hay Xpress mdi ■ High Frequency Improvement Mejora de la frecuencia alta I Cdi thOn dick vuxe buyt co tan suat Choy coo ■ Frequency Improvement and /or Extension Mejora o extension de la frecuencia I Tang tan suit chayxe va /hoic mo rong tuyenxe ■ Frequency Reduction Reduction de is frecuencia I GIhm fan suit chayxe ■ Discontinued Route or Segment Ruta o segmento suspendido I TuyeFn dudng hoic phan My& dudng bi loai bb ■ Other OCTA Route Otra rota de OCTA Tuyen dudng khac cua OCTA IQ Transit Center Centro de transit, Trung lam Giao Thong Metrolink Station Estacion de MetreliokI Tram Metrolink • Eliminate route because of low ridership. Eliminar ruta por la poca cantidad de pasajeros, Xda 156 tuyk do it ngudi dung. Foothill Transit 286. E61:4ER � Ian o is 3 mERr� Wyk �NAGRriAR qr� fA1R re*x a,ANE0.51H GNAS �b �; t ��it PoF� F CHINO 4 ,ZI, �11tN v NETROLINK IRVINE yYA�G g rR � .e'.gp6.,uo r CURRENT WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dfas de semana actuates (Minutos) /Tan suit chayxe hien tai van cSc ngkytrong tuan (nhieu phut) ChInoTransit Center tolrviReStation 2trips I NS 2trips NS PROPOSED WEEKDAY FREQUENCIES (MINUTES) Frecuencias de los dfas de semana propuestas (Mmutos) /Tan suit chayxe de xoat vao czc ngby Kong tuan (nhieu phut) Chino Transit Center to Irvine Station NS NS AM: 6a - 9a MID: 9a - 3p PM: 3p - 6p EVE: 6p - 8p NS = No Service l Sin servicio l Khdng co dick vu Frequency Improvement Frequency Reduction �No Change Mejora de Idfiecuence Reducci6n de to frecuencia / Ningur, cambo /Wng 'hay ddi Yang On sudtchayxe Giam tan suit rhayxe 65D -43 ATTACHMENT 1 ■ New Bravo! or Xpress Route Nueva ruta Bravo! o Xpress I Tuye "n dudng Bravo! hay Xpress mdi ■ High Frequency Improvement Mejora de la frecuencia alta I Cdi thOn dick vuxe buyt co tan suat Choy coo ■ Frequency Improvement and /or Extension Mejora o extension de la frecuencia I Tang tan suit chayxe va /hoic mo rong tuyenxe ■ Frequency Reduction Reduction de is frecuencia I GIhm fan suit chayxe ■ Discontinued Route or Segment Ruta o segmento suspendido I TuyeFn dudng hoic phan My& dudng bi loai bb ■ Other OCTA Route Otra rota de OCTA Tuyen dudng khac cua OCTA IQ Transit Center Centro de transit, Trung lam Giao Thong Metrolink Station Estacion de MetreliokI Tram Metrolink • Eliminate route because of low ridership. Eliminar ruta por la poca cantidad de pasajeros, Xda 156 tuyk do it ngudi dung. Foothill Transit 286. OF r • v w Name / Nombre / Ten: Zip Code / C6digo postal / ma buu dien: Email / Correa electr6nico: Please indicate if you agree or disagree with the statements below. Por favor indique si est® de acuerdo o esta en desacuerdo con las declaraciones a continuad6n. Hay cho biet quy vi Ong y hay khong Bong y vdi nhung nhan Binh dudi day I = Strongly Agree I Muy de acuerdo I Rat D6ng y 2 = Agree / De acuerdo / 96ng y 3 = Neutral / Neutral / Trung lap 4 = Disagree / Desacuerdo / Kh6ng Dong y 5 = Strongly Disagree / Muy en desacuerdo / Rat Kh6ng Dong y 1. OCTA should focus on providing bus service in areas where demand is highest. El OCTA deberia de centrarse en proporcionar un servicio de autobuses en zonas donde la demanda es mas alta. OCTAnen top bung cung cap Bich vyxe buyt tai cac khu vdc cd nhu c3u cao MR.. 2. OCTA should eliminate or reduce routes with low ridership and add service where there is a greater demand. OCTA debe eliminar o reducir las rutas con poca utilizacion y anadir servicio donde hay Una mayor necesidad. OCTA nen loaf bo hoic gift but nhdng tuyen dddng co ft kbach di xe va and them tuyen during cac not dang c6 nhu cau Idn hon. 3. OCTA should offer more frequent bus service to improve travel time. OCTA debe ofrecer servicio de autobuses mas frecuentes pars mejorar el tiempo de viaje. OCTA nen cung co dich vuxe buyt thudngxuyen horn da cfi thin thdigian du lich 4. OCTA should offer bus service with fewer stops to improve travel time. OCTA debe ofrecer servicio de autobuses con menos paradas para mejorar el tiempo de viaje. OCTA nen cung cdp dich vu xe buyt vdi cac Bie"'m ddng ft hon de c6 thien thdi gian du Lich. 5. What bus route(s) do you use? l ZQue ruta(s) de autobus utiliza? I Quy vi sadyng (cac) tuyen xe buytnbo? 6. Please indicate if you agree or disagree with the proposed changes of your route(s). Por favor indique si esta de acuerdo o en desacuerdo con los cambios propuestos de su(s) ruta(s), Hay cho bie"t quy vi d6ng y hay khong dong y vdi cac dexuat thay d6i dai vdi (cac) tuy& xe cua quy vi. Route / Ruta / Tuyen so: Route / Ruta / Tuyen so: Route / Ruta / Tuyen so: 3 4 5 3 4 5 3 4 5 Z If your route schedule is reduced or eliminated, would you consider other options such as OCTKs vanpool program, ridematching, community circulators and other options? ❑ Yes ❑ No Si su horado de rutas se reduce o efimina, �considerarfa obas opciones como los programas de vanpool del OCTA, compartir viajes, circu /adotes en comunidad, yobas opciones? ❑ Si ❑ No Neu Ijch chay tuyen xe cua quy vi bi giam hayxda M, quy vi ed can Mac cac Ida chon khac nhu chudng timh vanpool cua OCTA, ridematching (dich vu bd ui di chungxe), cac phuong tien van chuyen bong cSng dong of cac lua chon khac khong? ❑ V5ng ❑ Kh6ng 8. Please provide your suggestions to the proposed changes. / Por favor envfe sus sugerencias a los cambios propuestos. / Vui long cung cap g6p y cua ban de nhung thay doi dudc de xuat For more information on the Proposed 2016 Bus Service Plan, please visit octa.net /2016BusPlan or call (714) 636 -RIDE. You can provide comments online or mail them to: OCTA, Attn: Marketing, But 722, 600 S. Main St., P.O. Box 14184, Orange, CA 92863 -1584. Obtenga mas information - Para mas information sobre la propuesta del plan de servicio de autobuses 2016, par favor visite octa.net /2016BusPlan o Ilame al (714) 636 -RIDE, Puede proporcionar sus comentarios en lines o par correo a: OCTA, Attm Marketing, Rm 722, 600 S. Main St., P.O. Box 14184, Orange, CA 92863 -1584, Nh3n Them Thong tin - Be' Wt them thong tin ve De xuat Ke hoach Dich vu Xe Buyt ram 2016, xin moi truy cap van trang octa.net /2016BusPlan hay got lien thoal so (714) 636 -RIDE. Ouy vi co the along goo y hen trUC tuyen hoac gui thu ve dia chi: OCTA, Attn: Marketing, Bur 722, 600 S. Main St., P.O. Box 14184, Orange, CA 92863 -1584. --------- ---------------------- --- -- - - -- Translators and Accessibility Spanish and Vietnamese translation services will be available at all community meetings. Any person with a disability who requires a modification or accommodation in order to participate in these meetings should contact the OCTA Clerk of the Board at (714) 560 -5576 no less than two (2) business days prior to this meeting to enable OCTA to make reasonable arrangements to assure accessibility to these meetings. For more information or to comment online, visit octanet /2016BusPlan. If you would like to receive this Information in a language other than English, Spanish or Vietnamese, please call (714) 636 -RIDE, option 2. Traductores y accesibilidad Los servicios de traduccion al espanol y vietnamita estaran disponibles an todas las reuniones de la comunidad, Cualquier persona con one discapacidad que requiere una modificaci6n o establecimiento, con el fin de participar en estas reuniones, debe comunicarse con el Secretario de la Junta del OCTA al (714) 560 -5676 no inenos de dos (2) dies habiles antes de esta reunion para permitir a que la OCTA haga arreglos razonables pars asegurar la accesibilidad a estas reuniones. Para obtener mas information o hater comentarios en linea, visite octa.net/2016BusPlan. Si desea recibir esta informacion an up idloma que no sea Ingles, espanol c vietnamita, por favor (lame al (714) 636 -RIDE, option 2. Cac phi @n Bich vien va Sy Tham gia cua ngrldi khuyet tat Cac Bich vu phien Bich tieng Tay Ban Nha va tieng Viet se dpoc cung cap tai tat ca cac cuoc hop tong ddng. Bat ky ngudi khuyet tat nao can c6 nharg dieu chinh hay tien nghi can Net de' them did cad cuoc hop can lien he Thu ky OCTA cua Wi dong theo so (714) 560 -5676 it phial hai (2) ngay lam viec tru6c khi cuoc hop die-n ra de cho phep OCTA co su bo tr( hap ly nham da'm boo kha nang tham gia cua ngu8i khuyet tat van cac cuoc hop nay. De Net them thong tin hay de gop y kien two tuyen, moi quy vi troy cap vao trang octa.net/2016BusPlan. Neu quy vi muon nhan thong tin nay bang m¢t ngbn nga khec ngoat tieng Anh, bong Tay Ban Nha hay tieng Viet, An vw long go i (714) 636 -RIDE, IUa chon 2. 65D -46 ATTACHMENT OM>O yW —I D W rM ;K M D100 co N) z 00 9--' O) V W O N M 1 z W O M O z n C O W --1 M 0 0 D cv m F m m D 0 m { D 0 0 m 0 M M co Im C0 v, �ZD �m v v, N/ m'^ A z °m V Ar o� D z C) D M. 0r D C z Z 1 T m 0 m Z o� 3 O�DU)O Cn y m m D n -a oxcl M -< m W 0 GET MORE INFORMATION For more information on the Proposed 2016 Bus Service Plan, please visit octa.net /2016BusPlan or call (714) 636 -RIDE. You can provide comments online or mail them to: OCTA, Attn: Marketing, But 722, 600 S. Main St., P.O. Box 14184, Orange, CA 92863 -1584. Obtenga mas information - Para mas information sobre la propuesta del plan de servicio de autobuses 2016, par favor visite octa.net /2016BusPlan o Ilame al (714) 636 -RIDE, Puede proporcionar sus comentarios en lines o par correo a: OCTA, Attm Marketing, Rm 722, 600 S. Main St., P.O. Box 14184, Orange, CA 92863 -1584, Nh3n Them Thong tin - Be' Wt them thong tin ve De xuat Ke hoach Dich vu Xe Buyt ram 2016, xin moi truy cap van trang octa.net /2016BusPlan hay got lien thoal so (714) 636 -RIDE. Ouy vi co the along goo y hen trUC tuyen hoac gui thu ve dia chi: OCTA, Attn: Marketing, Bur 722, 600 S. Main St., P.O. Box 14184, Orange, CA 92863 -1584. --------- ---------------------- --- -- - - -- Translators and Accessibility Spanish and Vietnamese translation services will be available at all community meetings. Any person with a disability who requires a modification or accommodation in order to participate in these meetings should contact the OCTA Clerk of the Board at (714) 560 -5576 no less than two (2) business days prior to this meeting to enable OCTA to make reasonable arrangements to assure accessibility to these meetings. For more information or to comment online, visit octanet /2016BusPlan. If you would like to receive this Information in a language other than English, Spanish or Vietnamese, please call (714) 636 -RIDE, option 2. Traductores y accesibilidad Los servicios de traduccion al espanol y vietnamita estaran disponibles an todas las reuniones de la comunidad, Cualquier persona con one discapacidad que requiere una modificaci6n o establecimiento, con el fin de participar en estas reuniones, debe comunicarse con el Secretario de la Junta del OCTA al (714) 560 -5676 no inenos de dos (2) dies habiles antes de esta reunion para permitir a que la OCTA haga arreglos razonables pars asegurar la accesibilidad a estas reuniones. Para obtener mas information o hater comentarios en linea, visite octa.net/2016BusPlan. Si desea recibir esta informacion an up idloma que no sea Ingles, espanol c vietnamita, por favor (lame al (714) 636 -RIDE, option 2. Cac phi @n Bich vien va Sy Tham gia cua ngrldi khuyet tat Cac Bich vu phien Bich tieng Tay Ban Nha va tieng Viet se dpoc cung cap tai tat ca cac cuoc hop tong ddng. Bat ky ngudi khuyet tat nao can c6 nharg dieu chinh hay tien nghi can Net de' them did cad cuoc hop can lien he Thu ky OCTA cua Wi dong theo so (714) 560 -5676 it phial hai (2) ngay lam viec tru6c khi cuoc hop die-n ra de cho phep OCTA co su bo tr( hap ly nham da'm boo kha nang tham gia cua ngu8i khuyet tat van cac cuoc hop nay. De Net them thong tin hay de gop y kien two tuyen, moi quy vi troy cap vao trang octa.net/2016BusPlan. Neu quy vi muon nhan thong tin nay bang m¢t ngbn nga khec ngoat tieng Anh, bong Tay Ban Nha hay tieng Viet, An vw long go i (714) 636 -RIDE, IUa chon 2. 65D -46 ATTACHMENT OM>O yW —I D W rM ;K M D100 co N) z 00 9--' O) V W O N M 1 z W O M O z n C O W --1 M 0 0 D cv m F m m D 0 m { D 0 0 m 0 M M co Im C0 v, �ZD �m v v, N/ m'^ A z °m V Ar o� D z C) D M. 0r D C z Z 1 T m 0 m Z o� 3 O�DU)O Cn y m m D n -a oxcl M -< m W 0 E 7 a i Y O cn 0 Z3 C: m c6 ML 4-J � Co CU � U O Ul) N 0 0191 EIGL:Xoj r) Ln _n 0 rD LA n � rD Q Ul v Ln --III :3 -0 v < 3 Ln CD Un J I1 j N rD -� Z3 rD 0 =� Q rD t 0 0 o� 'J Row C V1 K �0 � O �Z3 r rt T T C:w Z3 1 (D LA orq Q° nm C x Ln Ln 0 `± 3 ago rD N Ln e s m m Z N 65D -52 77 0 O U � ro O E d u U M N bn v c v = C- Q) a� N z � N O O `) > N C6 i L Q Co X Q) r- z Q v" E °' }' o �4-jo N O N }' +-+ O N E �O i a� � � U O �� \•rJ WrC-rJ §SD.S§ � - \ Ak !| � h \\ , § . p _ §SD.S§ � \•l7J wrCUIJ z N d N 0 d O Z rD 0 O 77 n 0 a 0 m N N O O Z Z 0 Ln v (D 3 O O'Q Z5 rmD `V N 0- N O Ln c e"h —) �i N Ln C• (D O O Z Z v Ln v O O O'Q a) , / r U O ^� 3I 3 N r c o O (D rF n N rt C O O r� ma rMIL O • N O Ml T X CL V; mo r .. • y CD m tMW4 woq O C C7 f--f- CD O CD CD v � ;g! CD CD 3 _ CD � Cfl C'7 O CD n 0 CD .O`+ Cn N � O CD 00 O cn O ME i n' O (D B tD rMIL ;g! O CD 3 _ CD CD O O cr O C CQ O cm � n 0 CD .O`+ Cn N � O CD 00 O cn O ME i n' O (D B tD rMIL 1--: F O 76 N i lD O U ra L O • Ln Ln Ul) r-I O N E Q) O O N O N O N � O N C Q U E E E m s m O O v -0 m to C: Z Z Q `i 2 2 N H Z W W 2 U Q F- F- Q 76 U O J N u U + QJ O 'p Y L- cc o > L O v O [D � o .v _ m V LL U 0 hp U u m > ca C v + O L u D a) L °J O <o O O +� 0 'o L o C QJ U u U E N ' -O QJ � � L -O N C L Q m U U ii `^ ci Q 65D -62 E Ln u Q u Q `�• N v N E V N N N O �. C C: or j N N Q m O m p L N N o. O °o N O 0 4 •E U U • I p w E 1 VN FaaF nvarvvao Q G 2 Ta ui -€R? a ANIva g 1 l.. F7 All 0 MI `k a `�• N v N j d N N N O �. C N Z` U C W O j N N Q D L rn O m L C yo O � O N N °o O y 2 00 N 00 O N o. O °o N 0 o v N • I I® a o N 1 VN FaaF nvarvvao Q G 2 Ta ui -€R? a ANIva g 1 l.. F7 All 0 MI `k a a n m 4 L-, Ez N A > O O O O O N � � N o D m � � 3 L NO BL G K D A 0 o m c_ 2 ° m r N o °. <D Q 3. Q � c � � N N a A N J no 3 O 3 w !, D � m O NT (/) N O f"f CD D N � Ln i a U a ern `v C Q F ' n N d • W {p d V r-J Y � 4-J C C C E / {� `v D O d N � v W N d (/) 0 N CO a {,{�U 4-J - O N Q T O N U U��® �coE w U d, . O ' AVN 1 P wV' i ONtlaO YE Jl %• 15 T35Stl10 AbOWHO f S O�; JO a\ '�i ® p9 JF 1 .i5 g3• YJ Obp� U Q a AVM OHI N $ � � AVMUYOUG n AVMObOaO LS Nil 151a3MO11 y 1S b3M p� n � 15 83M01J II 5 1015 U N > � U 1 m is III �I 15llIYtl 5s is M3 IN ® u $u s z O m O � � 1sMalnal y w ¢ 'V rr 1.•`• y i OAIS JOSWH wa a088V" —, 15 HM3N F U 6 II E 1 1S OII003 1 w i a U a 65D -66 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING THE ORANGE COUNTY TRANSPORTATION AUTHORITY'S PROPOSED 2016 SERVICE PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: WHEREAS, the City of Santa Ana has the highest ridership and rate of usage of the countywide public transportation system; and WHEREAS, public transit, specifically bus service, is a vital link for residents of Santa Ana to get to and from work, educational institutions, places of worship, medical appointments, and shopping; and WHEREAS, the City of Santa Ana has the youngest population in the County of Orange and the lowest income residents, resulting in a transit - dependent population; and WHEREAS, the Orange County Transportation Authority's Proposed 2016 Bus Service Plan has detrimental impacts to the residents and bus riders within the City of Santa Ana and throughout the County of Orange; and WHEREAS, the City of Santa Ana is concerned as to the process and methodology utilized in the elimination of bus routes within the City; and WHEREAS, the negative impacts of eliminating bus routes to the most vulnerable population of residents would have lasting negative impacts to the livelihood of individuals and families in the community; and WHEREAS, the City of Santa Ana is strongly opposed to the elimination of any routes within the City of Santa Ana without careful and collaborative communication. NOW, THEREFORE, BE IT RESOLVED, Section 1. That the City Council of the City of Santa Ana opposes the Orange County Transportation Authority's Proposed 2016 Bus Service Plan. Resolution No. 2016 -XXX Page 1 of 2 6501-67 ADOPTED this __ day of January 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: 4� Sonia R. Carvalho, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2016, and that said resolution was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana �• M • • Resolution No. 2016 -XXX Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: PUBLIC HEARING FOR RESOLUTION APPROVING THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS AND AUTHORIZATION TO APPROVE JOINT EXERCISE OF POWERS AGREEMENT {STRATEGIC PLAN NO. 5,3) l / JJ CITY MANAGE RECOMMENDED ACTION _Val CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1A' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution approving the issuance of Bonds by the California Public Finance Authority not to exceed $15,000,000, for the benefit of Guest House LP, to provide financing for the acquisition, rehabilitation and equipping of a 72 -unit multifamily rental housing project generally known as Guest House. 2. Authorize the City Manager and Clerk of the Council to execute a Joint Exercise of Powers Agreement relating to the California Public Finance Authority to serve as the municipal issuer of the bonds for the purpose of approving bonds for the Guest House Apartment Project, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Guest House, LP (the "Borrower ") requested that the California Public Finance Authority ( "CalPFA ") serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $15,000,000 of tax - exempt revenue bonds. The proceeds of the Bonds will be used for the purpose of making a loan to the Borrower, to enable the Borrower to finance the acquisition, rehabilitation, Improvement and equipping of a 72 -unit affordable multifamily housing rental project located at 2151 E. 1st Street, Santa Ana, California (the "Project ") (Exhibit 1), which will be owned and operated by the Borrower. In order for all or a portion of the Bonds to qualify as tax - exempt bonds, the City of Santa Ana ( "City ") must conduct a public hearing (the " TEFRA Hearing ") providing the members of the community an opportunity to speak in favor of or against the use of tax - exempt bonds for the financing of the Project. Adoption of the resolution is solely for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act ( TEFRA), the Code and the California Government Code Section 6500 (and following). Prior to such TEFRA Hearing, reasonable notice must be provided to the 75A -1 Public Hearing- TEFRA January 19, 2016 Page 2 members of the community. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. A public notice was published on January 4th, 2016 (Exhibit 2). California Public Finance Authority The CaIPFA was created in May 2015 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development throughout California. Its purpose is to assist local governments, non - profit organizations and businesses with the issuance of taxable and tax - exempt bonds aimed at improving the standard of living in California. The CaiPFA'S representatives have considerable experience in bond financings. To date, over seven municipalities have become members of CalPFA. The Bonds to be issued by the CaIPFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the Borrower. There are no costs associated with membership in the CaIPFA and the City will in no way become exposed to any financial liability by reason of its membership in the CalPFA. In addition, participation by the City in the CaIPFA will not impact the City's appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing and adopting the required resolution (Exhibit 3), no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Sustainability), Objective 3 (Facilitate diverse housing and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT (Community Health, Livability, Engagement & opportunities and support efforts to preserve Through its conduit issuance activities, the CalPFA shares 10 % of its annual administration fee it receives for the life of the bond with its member communities. It is anticipated that the 10% share of the fees will be deposited into the City's General Fund Miscellaneous Receipts account (no. 01102002 - 57991) upon receipt from CalPFA. 75A -2 Public Hearing- TEFRA January 19, 2016 Page 3 Kelly eende Executive Dir for Community Development Agency KR /JB /NV /sb Exhibits: 1. Location Map 2. Public Notice 3. Resolution 4. Joint Powers Agreement APPROVED AS TO FUNDS AND ACCOUNTS: At\t%&4N Z-k-Nu Francisco Gutierrez �� Executive Director Finance and Management Services Agency 75A -3 75A -4 NOTICE OF PUBLIC HEARING REGARDING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR GUEST HOUSE APARTMENTS NOTICE IS HEREBY GIVEN that, at 5:45 p.m., or as soon thereafter as the matter can be heard, on Tuesday, January 19, 2016, at the City Council Chambers, 22 Civic Center Plaza Santa Ana, California, the City Council of the City of Santa Ana (the "City ") will conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986, at which it will hear and consider information concerning a proposed plan of financing providing for the issuance by the California Public Finance Authority of multifamily housing revenue bonds in one or more series issued from time to time, including bonds issued to refund such revenue bonds in one or more series from time to time, and at no time to exceed $15,000,000 in outstanding aggregate principal amount, to finance the acquisition and rehabilitation of a 72 -unit multifamily rental housing project located at 2151 E. 1st Street, Santa Ana, California. The facilities are to be owned by Guest House LP (the "Borrower ") or related entities, operated by Solari Enterprises, and are generally known as Guest House Apartments (the "Project'). Those wishing to comment on the proposed financing and the nature and location of the Project may either appear in person at the public hearing or submit written comments, which must be received by the City prior to the hearing. Written comments should be sent to City of Santa Ana at 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92702, Attention: City Clerk. Dated: January 4, 2016 . CITY CLERK CITY OF SANTA ANA i W RESOLUTION NO. 2016- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION AND REHABILITATION OF GUEST HOUSE APARTMENTS AND CERTAIN OTHER MATTERS RELATING THERETO, AND AUTHORIZING THE EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA PUBLIC FINANCE AUTHORITY TO BECOME AN ADDITIONAL MEMBER FOR THE PURPOSE OF APPROVING BONDS FOR THE GUEST HOUSE APARTMENTS PROJECT LOCATED AT 2151 EAST FIRST STREET, SANTA ANA WHEREAS, Guest House LP, a California limited partnership (the "Borrower "), has requested that the California Public Finance Authority (the "Authority ") participate in the issuance of one or more series of revenue bonds issued from time to time, including bonds issued to refund such revenue bonds in one or more series from time to time, in an aggregate principal amount not to exceed $15,000,000 (the `Bonds ") for the acquisition, rehabilitation, improvement and equipping of a 72 -unit multifamily rental housing project located at 2151 E. First Street, Santa Ana, California, generally lanown as Guest House Apartments (the "Project ") and operated by Solari Enterprises; and WHEREAS, the Project is located within the City of Santa Ana (the "City "); and WHEREAS, the City proposes to become an Additional Member of the Authority pursuant to Section 12 of the Joint Exercise of Powers Agreement (the "Agreement ") relating to the Califomia Public Finance Authority only for the limited scope and purpose ofproviding local government approval of the issuance of the Bonds to the Borrower by the Authority for the Project; and WHEREAS, pursuant to Section t47(f) of the Internal Revenue Code of 1986, as amended (the "Code "), the issuance of the Bonds by the Authority must be approved by the City because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council') is the elected legislative body of th.e City and is the applicable elected representative under Section 147(f) of the Code; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; and WHEREAS, the City Council understands that its actions in holding this public hearing and in approving this Resolution do not obligate the City in any manner for payment of the principal, interest, fees or any other costs associated with the issuance of the Bonds, and said City Council expressly conditions its approval of this Resolution on that understanding. Exhibit 3 75A -7 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Ana as follows: Section 1. The foregoing recitals are true and correct, and are adopted herein. Section 2. The City Council hereby approves the issuance of the Bonds by the Authority for the purposes of financing the .Project. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority for the purpose of Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located. Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation installation or operation of the Project; or, (iii) malce any contribution or advance any funds whatsoever to the Authority. Section 5. The officers of the City Council are hereby authorized and directed, jointly and severally, to do any and all things and execute and deliver any and all documents, certificates and other instruments which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. Any actions heretofore taken by such officers are hereby ratified and approved. Section 6. The City hereby requests to become an Additional Member of the Authority pursuant to Section 12 of the Agreement for the limited scope and purpose of providing local govermnent approval of the issuance of the Bonds to the Borrower by the Authority for the Project. The Agreement is hereby approved and the Mayor of the City and all other proper officers and officials of the City, or a designee thereof, are hereby authorized and directed to execute the Agreement. Section 7. The City Council expressly conditions its approval of this Resolution on its understanding that the City shall have no obligation whatsoever to pay any principal, interest, fees or any ocher costs associated with the Authority's issuance of the Loan for the financing of the Project. Section 8. This Resolution shall take effect from and after its passage and approval. 75A -8 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Ana held on this 19`x' day of January, 2016, by the following vote: AYES: NOES: ABSENT: ATTEST: CLERK APPROVED AS TO FORM: Sonia R. Cazvalho MAYOR 75A -9 75A -10 1 LA -vt JOINT EXERCISE OF POWERS AGREEMENT RE' ELATING TO TIIE CALIFORNIA PUBLIC FINANCE AUTIIORPI'Y THIS AGREEMENT, dated as of May 12, 2015, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the "Members" and those parties initially executing this Agreement are referred to as the "Charter Members "): WI'INESSE` H WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the "Joint Exercise of Powers Act "), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a "public agency" as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means; and WHEREAS, each Member is also empowered by law to acquire, construct, improve, operate and dispose of real property for a public purpose; and WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, leases, installment sale or other financing agreements or certificates of participation therein (herein "Bonds "), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and 0MUSA:7611032703 11L2015-42 -42 (24113.doc] 75A -11 ow ray tog 9& S._ WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California: and WI- IEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and /or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, purchase or acquisition of property, receivables, commodities, bonds, other revenue streams or assets of any kind, liability or other insurance, or retirement programs, or facilitating Members use of existing or new financial instruments and mechanisms; and WHEREAS, by this Agreement, each Member desires to create and establish the "California Public Finance Authority" for the purposes set forth herein and to exercise the powers provided herein; NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows: Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exorcise of Powers Act, The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth. Section 2. Term. This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in frill force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defied below) shall no longer be outstanding under the terms of the indenture, trust agreement, resolution or other instrument pursuant to which such Bonds are issued. Section 3. Authority. A. CREATION AND POWERS OF AUTHORITY, Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be ]mown as the "California Public Finance Authority" (the "Authority "), and said Authority shall be a public entity separate and apart from the Members. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members. 0H5USh:761103270.3PL201542 -42 t24111dool 75A -12 i. 110.0 The Authority shall be administered by the Board of Directors (the `Board," or the "Directors" and each a "Director ") whose members shall be, at all times, members of the Board of Supervisors (the "Board of Supervisors ") of Kings County, California, with each such Director serving in his or her individual capacity as Director of the Board, The term of office as a member of the Board shall terminate when such member shall cease to be a member of the Board of Supervisors and the successor to such member of the Board of Supervisors shall become a member of the Board. Notwithstanding the preceding paragraph, the Board may by resolution or bylaws provide for changes in the qualifications, composition and number of Directors, the appointment of Directors, successors, their respective terms of office and any other provisions relating to the qualification and office of the Directors, including provision for alternative Directors (in which case all references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director). The Board shall, be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein, Directors shall not receive any compensation for serving as such, but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. C. OFFICERS; DUTIES; OFFICIAL BONDS. The officers of the Authority shall be the Chair, Vice- Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice- Chair, and a Secretary of the Authority from among Directors to serve until such officer is re- elected or a successor to such office is elected by the Board, The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the "Treasurer ") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re- elected or a successor to such office is elected by the Board, Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an "Indenture ") providing for a trustee or other fiscal agent, and except as may otherwise be specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act, 01J9USA:761103270.3 PL 2015 -42.42 [24113A001 75A -13 The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000. The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority. D. MEETINGS OF THE BOARD. Ralph M. Brown Act All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the "Brown Act'), (2) Regular Meetings, The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year, The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (3) Special Meetings, Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (4) Minutes, The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director. 014S115A;761103270.3 PL2015 -42.42 [24113.doa1 75A -14 (5) Quoruni. A. majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors present at the meeting, except that less than a quorum may adj ourn a meeting to another time and place, E. RULES AND REGULATIONS, The Authority may adopt, from time to time, by resolution of the Board such bylaws, policies or rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to ajoint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make arid enter into contracts; to employ agents and employees; to acquire, construct, improve, own, maintain and operate, or provide for maintenance and operation, and sell, lease, pledge, assign, mortgage or otherwise dispose, of any property, improvements, commodities, leases, contracts, receivables, bonds or other revenue streams or assets of any kind; to exercise the power of condemnation; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue acrd be sued in its own name; to establish and collect fees; to form public benefit nonprofit corporations or other affiliate entities to accomplish any of its purposes; to make grants, loans or provide other financial assistance to governmental, nonprofit and for profit organizations to accomplish, any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes. The boundaries of the Authority shall encompass the boundaries of all the Members and the powers of the Authority may be exercised anywhere within those boundaries or to the extent permitted by the laws of the State of California, including, but not limited to the Joint Exercise of Powers Act, outside of those boundaries, which may be outside of the State of California, provided that the power of condemnation may only be exercised within the jurisdictional boundaries of the Charter Members, Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property, contracts or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law. oHSUSA:7 6 11 03 2 70.3PL2015 -42 -42 [24113.A GI 75A -15 The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California comity could exercise such powers and perform such duties, The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. Fiscal Year. For the purposes of this Agreement, the tern "Fiscal Year" shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2015. Section 6, Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members. Section 7. Bonds. From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and /or their financing or refinancing or on post - issuance compliance or administration may be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds, payments made by Bond obligors or other third parties, or any other unencumbered funds of the Authority available for such purpose, Section $, Bonds Only ]Limited and Special Obligations of Authority. The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except the Authority from the revenues and funds pledged and available therefor, and neither the faith, and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the principal of, premium, if airy, or interest on the Bonds nor shall the OHSUSA:7611032703 PL 2015.42 -42 [24113,doc] 75A -16 Members or the Authority in any manner be, obligated to make any appropriation for such payment, No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity, and neither the Board of the Authority not any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 9. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Member. The Treasurer of the Authority sball cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act, in each case the mihimum requirements of the audit shall be those ,prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination. The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts) Any costs of the audit, including contracts with, or employment of, certified. public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. In any Fiscal Year the Board may, by resolution adopted, by unanimous vote, replace the annual special audit with an audit covering a two -year period. 0HSUSM61103270.3 P1, 2015 -42 -42 [2113,dac] 75A -17 Section 10. Funds. Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.0 and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement. Section 11, Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the cleric of the governing body of each Member; provided that, to the extent permitted by law, the Authority may provide notices and other communications and postings electronically (including, without .limitation, through email or by posting to a website). Section 12. Additional Members/Withdrawal of Members. Qualifying public agencies may be added as parties to this Agreement and becornc Charter Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Charter Mernber. Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. Qualifying public agencies may also be added as Non- Charter Members ( "Additional Members ") of the Authority upon: (1) the filing by such public agency with the Authority of a resolution of the governing body of such public agency requesting to be added as an Additional Member of the Authority, and (2) adoption of a resolution of the Board approving the addition of such public agency as an Additional Member. An Additional Member may limit in the aforementioned resolution the scope of its Additional Membership to what is necessary or appropriate to facilitate the financing or refinancing of one or more specified projects or programs, A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that at least one Member shall be a Charter Member and no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board, which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. Section 13, Indemnification. To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by 01- 18USA:761103270.3PL2015-42-42 P4111dool 75A -18 reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amoutu8 actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use tinder similar circumstances, The Board may purchase a policy or policies of insurance in frutherance of any indemnification obligation created or otherwise in protection of Directors, officers, employees or other agents. Section 14, Contributions and Advances, Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the mamrer agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually widerstood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so, The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and to nonprofit organizations to accomplish any of the governmental unit's or nonprofit organization's purposes, Section 15, Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or cluties under the provisions of this Agreement. Section 16, Amendments. Except as provided in Sections 3B and 12 above, this Agreement shall not be amended, modified, or altered, unless the written consent of each of the Charter Members is obtained; provided that no amendment shall materially adversely affect the interests of any Additional Member unless the negative consent of that Additional Member is also obtained. To obtain the negative consent of each such Additional Member, the following negative consent procedure shall be followed: (a) the Authority shall provide each such Additional Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each such Additional Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become 01iSUSA1761103270.3PL2015.42•42 [2`1113Acc] 75A -19 effective; and (c) if no such Additional Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members. Section 17. L'ffeetiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Charter Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Charter Member approving this Agreement and the execution and delivery hereof. Section 18, Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid., unenforceable, void or voidable for any reason whatsoever by a court, of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and renditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 19. Successors, This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto, Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members: Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. 014SUSM611032703 PL 2015 -42 -42 124113.doc] 10 75A -20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTEST: n Charter Member: COUNTY OF KINGS B Y Richard gundan Kings County Board of Supervisors f- a �j Catherine Venturella Clerk of the Board Charter Member: HOUSING AUTHORITY OF THE COUNTY OF ICINGS By / `�fT Ricbard Fagxiutes, Chairman er Molina of the Housing Authority Board 011susA:761103270.3e[.2015-42-42 t24113.doet It 75A -21 IN WITNESS WHEREOF, the Additional Members hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized. Dated: ATTEST: By: Its: �u Attorney Additional Member Name: By: Its: [Signature Page to Joint Exercise of Powers Agreement Relating to the California Public Finance Authority] 75A -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: ,JANUARY 1S, 2016 TITLE; PUBLIC HEARING -AMENDMENT APPLICATION NO. 2015-02 TO REZONE THREE PROPERTIES FROM URBAN NEiGHBORHOOD-2 (UN -2) TO OPEN SPACE (OS) AT 710 -720 EAST SIXTH STREET - SANTA ANA HOUSING AUTHORITY, APPLICANT (STRATEGIC PLAN NO. 5, 4) dIfY VIANAGEL RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: As Recommended 0 As Amended 0 Ordinance on Vt Reading 0 Ordinance on ed Reading ❑ Implementing Resolution El Set Public Bearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No, 2915 -02. r s: 0 • At its regular meeting on December 14, 2015 by a vote of 5.0 (Alderete absent), the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2915 -02 to rezone three parcels of land at 710, 714 and 720 East Sixth Street from Specific Development No, 84rrransit Zoning Cade (SD -84) with a subzone designation of Urban Neighborhood -2 (SD- 84/UN -2) to a subzone designation of Open Space (510 - 84105) In order to facilitate the future construction of a public park. The Planning Commission made no changes to the attached staff report (Exhibit A). The City's Housing Authority is proposing to rezone three parcels of land that are located within the Transit Zoning Code boundaries from Urban Neighborhood -2 (SD- 841UN -2) to Open Space (SD- 84 /08). The purpose of the rezoning is to facilitate the future construction of a public park within the central section of the City. The proposed park, in conjunction with another parcel at Raitt and Myrtle Streets, will assist in mitigating the loss of 2.6 acres of public park land at Centennial Park, which is being used by the Rancho Santiago Community College District (RSCCD) for educational purposes, The future use of these properties as a public park will provide an additional recreational opportunity to residents in the immediate area. 7513-1 Amendment Application No. 2015 -02 — Rezone 710-720 East Sixth Street January 19, 2016 Page 2 Approval of this item supports the City's efforts to meet Coal #5 - Community Wealth, Livability, Engagement and Sustainability, Objective #4 (support the design and construction of parks to provide increased open space and opportunities for recreation throughout the City). FISCAL IMPACT i in Hassan Haghani, AMP Executive Director Planning & Building Agency VF:rb vAr®parNM16.02 710 E r.cc Exhibit: A. Planning Commission Staff Report 75B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE DECEMBER 14, 2015 TITLE PUBLIC HEARING — FILED BY THE SANTA ANA HOUSING AUTHORITY FOR AMENDMENT APPLICATION NO. 2015.02 TO REZONE THREE PROPERTIES FROM URBAN NEIGHBORHOOD -2 (UN -2) TO OPEN SPACE (OS) AT 710.720 EAST SIXTH STREET (STRATEGIC PLAN NO. 5, 4) Prepared by Vince Freer oso PLANNING SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED 0 Applicant's Request CJ Staff Recommendation CONTINUED TO xecuti Director Planning Man er RECOMMENDED ACTION Recommend that the City Council adopt an ordinance approving Amendment Application No. 2015 -02. DISCUSSION Request of the Applicant The City of Santa Ana is requesting approval of an amendment application in order to rezone three properties located at 710, 714 and 720 East Sixth Street from Specific Development No. 84/Transit Zoning Code (SD -84) with a subzone designation of Urban Neighborhood -2 (SD- 84/UN -2) to a subzone designation of Open Space (SD- 84/OS) in order to facilitate the future construction of a public park. Project Location and Site Description The subject site consists of three contiguous properties located at 710, 714 and 720 East Sixth Street that are located within the Transit Zoning Code project area. These parcels, which will require a voluntary lot merger when the proposed park is submitted for approval, are rectangular in shape and total approximately 0.43 acres. Each parcel is currently developed with a vacant, single - family residence. Although all three residences were built prior to the 1940's, none of them are listed on the City's Register of Historical Properties. These parcels were acquired by the former Redevelopment Agency several years ago and were originally identified as potential sites for new housing. With the dissolution of redevelopment agencies statewide, the parcels were transferred to the Housing Authority as allowed under State law. The site is surrounded by multiple - family residential uses to the north, south and west, and by Garfield Elementary School to the east (Exhibits 1, 2 and 3). The parcels have a General Plan land use designation of Urban Neighborhood (UN), which allows for residential and open space uses and is EXHIBIT A 75B -3 Amendment Application No. 2015 -02 December 14, 2015 Page 2 zoned Specific Development No. 84 (SD- 84/Transit Zoning Code), with a subzone designation of Urban Neighborhood -2. The zoning designation is not consistent with an open space use; however, approval of the amendment application will make the future park use consistent with the proposed zoning designation (Exhibit 4). Proiect ®escription The City of Santa Ana is proposing to rezone three parcels of land located within the Transit Zoning Code boundaries from Urban Neighborhood -2 (SD- 84/UN -2) to Open Space (SD- 84 /OS). No development is proposed on the parcels at this time by the City; however, future plans for the site consist of the construction of a public park. On November 17, 2015, the City Council approved a request by the Community Development and Parks, Recreation and Community Services Agencies to begin the administrative process for the Housing Authority to sell the properties to the City. This action will allow the properties to be converted from residential uses to a future park use. Proiect Anaiysis In 2010, the City Council adopted Specific Development No. 84 (SD -84), which established the Transit Zoning Code specific plan for the Downtown and Central areas of the City. Within the SD -84 is a series of subzones that established detailed regulations for development and land uses within the project boundaries, including subzones dedicated to uses such as mixed -use and open space. When the plan was adopted, the plan considered the development of parks within the project boundaries in an effort to provide much needed open space in one of the most urban areas of the City. However, since the three subject properties each contained a residential unit, the properties were zoned to be Urban Neighborhood -2, which was consistent with the existing single - family land uses. City staff has been working with the National Park Service (NPS) to identify additional park acreage in the City in order to mitigate the loss of 2.6 acres of park land at Centennial Park, which is being used by the Rancho Santiago Community College District (RSCCD) as their adult education campus. The subject parcels, in conjunction with an additional 1.09 acre parcel at Raitt and Myrtle Streets, will address the concerns of the NIPS. Staff is recommending approval of the zone change for several reasons. First, the rezoning of the site will ensure there is consistency between the Zoning and General Plan land use designations. This consistency will give the property owner clear direction in regards to potential land uses and development opportunities for the property. Second, the site is physically suitable as an open space use. The site is within a neighborhood that is deficient in open space, given the population density in the area. The use of the properties as a future public park will provide an additional recreational opportunity to residents in the immediate area. Third, the extensive rehabilitation that is needed to 75B -4 Amendment Application No. 2015 -02 December 14, 2015 Page 3 make the units habitable would be cost prohibitive. Given the limited resources available for the rehabilitation of residential properties, the resources needed for these units could be more effectively used on other projects. Finally, the vacant units have resulted in numerous impacts that have adversely affected the surrounding neighborhood. Removal of these units will minimize the code enforcement actions that have resulted from these vacant structures and will allow a park use that will benefit the community. Public Notification The project site is located within the Lacy Neighborhood Association and is adjacent to the Logan and French Park Neighborhood Associations, The Presidents of these neighborhood associations were notified by mail 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to surrounding property owners and tenants within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applicable to projects where it is certain that the project will have no possibility of having a significant effect on the environment. Therefore, General Rule Exemption /Environmental Review No. 2015 -115 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City "s efforts to meet Goal No. 5 Community Health, Livability, Engagement and Sustainability, Objective No. 4 (support the design and construction of parks to provide increased open space and opportunities for recreation throughout the City). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2015 -02. Vince Fregoso, AICP f Principal Planner — VF:jm NkeporIMA15 02 71G E- Gth.12W5.pc 75B -5 Amendment Application No. 2015 -02 December 14, 2015 Page 4 Attachments; Exhibit 1 - General Vicinity Map Exhibit 2 - land Use Map Exhibit 3 - Site Photograph Exhibit 4 •- Zoning Map 75B -6 SEVENTEENTH 1 5T. gsx sr Irmo 'A " nq C1 1 4 psi sa s� ai n' In 4 ax ni y C2 g CS Mt SsA I C 0 3 MI NTA dr. r. °i,-c5 M2 E s w ANA ex iSP-3 5P3 L_1' -F ti� M2 'y P2 ?:,,, nZ^._ sr a eM \ a h M2 O 1 ti D `U JNf TV fl3 5P3 s i \ m ` �, TV r , P s SP-3 I51' II�' IV \t TV ' TY N uxz� \GCD UN2 ale rnnun �� qtp U \\ ,pOY UC ® UNE UN,� W,a 1{Vrl crs ^' u m °° u, n+ uxe urvx u l UC uc I 6 UC R9 uc UN2 r l7 IIN1 VC UC VN'i Eiv EE[j] GUN �.u'It ,wl UNx M NNl 2 U 2 \ _ "pi YDT bl ucO LIFI2 - VN2 UN2 r& COq CIX, q uNl nn i n UN2 um DT OT U UNI Na 1 UNa UN2 Nl UN7 UNE nnz cal con can r nn cons uw .,IN=''nd`IE FIRST ST. Al GEIE2ALAGRCLLTURAQ m 00AMEFUALMODiIAL RI aNGEFAMILYFODENIIAL -B PAWNGWIMPICAnM w C' VERNMENTW lHt P2 MOFAMILYFE]DENGE GSA COMSUA4EJUTHWIN Mi UG TINDUSRML PT MLTIREDEN9TYMULTIRE Gi CQMMUNITVCOMMEROAL M2 HEAWINDUSITNAL FAMILYFU OEICE GI -MO CWM. 00AMEi"AAUMUES MDISMU MO MILITAFKOFTAOONS PA S DU A" NADA MI NTG C2 GEIFPALWMMMe 0 GPEN9 CE FE SEEIDENIALMTATE G4 CENTPALEJSNEES P FRJPSSONAL DO S-EDFICOEYEOWENT Q-A CEN-flPALM. NKuAP11GTMUAGE FCD PLANNEDOOMIMUNMDLAAW MENT T SEUMPLAN G PANNED MWNGONTER ttdJ PLANNED raDENilA WALOPMEdF G'S AMMALCOMMEROAL AA 2015 -02 ymt CITY OF SANTA ANA - fi y 710 -720 EAST SIXTH STREET - =500FEEr 1" =1 GOO FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 75B -7 9 2� 9C O �L A ' p2 r„ C oGCE������� co J O `rte F! 1 9 292i I CE r�J -9� 6TH ST. 6TH ST. RR J CT LIGNT MULTI -F M14Y M..R S F. RESID NCE � N SCHOOL C 5TH 5T. 5TH ST. rn M ES IDF NC LY v~i SIN R SIE EN ELY a V b O a _g a w � � CD ME CI L p COMME CI L. a AA 2015 -02 CITY OF SANTA ANA �. 710 -720 EAST SIXTH STREET '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 75B -8 AA 2015 -2 CITY OF SANTA ANA - ZONING AMENDMENT 710, 714 AND 720 EAST SIXTH STREET EXHI BIT 3 75B -9 SEVENTEENTH ST. L �l CI 19 p pl yd ----- p C11 �.SP SY FI � 8� e 4 i lei 5 L .0 -3 N m N lama RI wa m sn m m - m C2 r -•I �� 0 PI - „- uvw'-3- _ Rt 1 RI $: CS I �r MI MI AS CANT "^p Rl� Anx 9, � 59 53a SN 113 NI N.Y (j A v v [5 I MZ nl'I Pe to M2 z e F !v RI C9.J pa 2 E nz AY 3 < 5R -3 SP3 I eAt A,* n wv�uzu, .mx M1 0. SMZ� 0 1NZ„Cx5 I Owkun R uwl SF a s '� x a e1Nt \\ r" TV n nv N 0, TV 5P -3 l xr' U� Upt 3 N I� ��w� °°'. N ry ry uxvg 1YY''"""a o1U Srrt3 15A 5 GCO ' 6 UN2 a3R �LN6 6AAj�P���I� �F(��H\51 \ry \1y1t a1 e1�4 ul � If[ IMI crst- o of UC °i o* or ulil uNY z U1 IR p 0 U[ uc UN2 OT' OT P1T G l%T 3 lllix E UNj VNY [ UN2 v VWY II NY VHd U 2 i UC OT UNZ UN2 k-eeo- Cf]N C�l� uc 0 UN1 UNI v_ UNZ � UN2 LOT D LIN1 UNI 1 UN1 ! UN2 P ux1 mn __E PP Oli N1 UN2 1. con CUR I1pdZLx r-17 Ln r- FIRST ST, Al GMEALAGF1CUl1UPME CR 0]MNIB ALRSOl RI ENC - FAMLYR. SUVTOAL -9 MRINGMODIRCA1104 w GGVB mare CBd1E2 R2 MOFAMIl GSA CCMM50AL9ltIHMAIN Nil LICKIN0USINAL R1 MULTI E0EWIYMULTIR.E Ci COMMUMTYNMME.'CJAL M2 F riVYINOUGfRAL. FAMLYFODDICE CI -MO WNlM.00VlMIE0AVMUSRJMCIS7iC MO AlUTAR(OPBAIRONS R1 MR3ANAW11,184TS C2 GEJEMWMMErlAL 0 OPEN SkCE FE- RUDWALEiTAIE C3 (YNTRALFLGNE5 P 1`40M' 90NAL 9] $EYIRCOEVE.00M9VT BA CEVTRALEUENM�AFTIEMLLAGE FCO RANNIMOIMMUNITYOEVE.CFM� 9' SPORCPIAN a M NE)310PRNGONTR Pr3l IUNNFD(da9DM1)ALOEVS -0Pi4 r CG AR ALCQMMBUAL AA 2015 -02 CITY OF SANTA ANA _ �yl n °'"R 710 -720 EAST SIXTH STREET — > soo FEET °= 1000FFF REZONE FROM UN2 TO 0 P L A N N I N G A N B B U (. IQ- _I N G A G E N C Y EXHIBIT 4 ZONING MAP 75B -10 LS 12.7.15 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING PROPERTIES LOCATED AT 710, 714 AND 720 EAST SIXTH STREET FROM SPECIFIC DEVELOPMENT NO. 84/URBAN NEIGHBORHOOD -2 TO SPECIFIC DEVELOPMENT NO. 84/OPEN SPACE (AA NO. 2015 -02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2015 -02 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 710, 714 and 720 East Sixth Street from Urban Neighborhood -2 to Open Space of the Specific Development No. 84 (SD -84) zoning district. The new zoning designation would allow the development of a public park to be built on the 0.43 acre parcels of land. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on December 14, 2015, on Amendment Application No. 2015 -02 and recommended that the City Council adopt an ordinance approving Amendment Application No. 2015 -02, which is consistent with the General Plan land use designation for the parcels. C. This Council, prior to taking action on this ordinance, held a duly noticed public hearing on January 19, 2016. D. The City Council also adopts as findings all facts presented in the Request for Council Action dated January 19, 2016 accompanying this matter. E. For these reasons, and each of them, Amendment Application No. 2015 -02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. 75B -11 LS 12.7.15 Section 2. The City Council has reviewed and considered the information contained in the CEQA analysis prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, General Rule Exemption No. 2015 -115 meets all requirements of CEQA. Section 3. The real properties located at 710, 714 and 720 East Sixth Street in Santa Ana are hereby reclassified from Specific Development No. 84 (SD -84) /Urban Neighborhood -2 to Specific Development No. 84 (SD -84) /Open Space. An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2016. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By�� Lisa Storck Assistant City Attorney 75B -12 Miguel A. Pulido Mayor LS 12.7.15 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 the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B -13 WEI 00,02 im 17TH ST R3 ?d6 cs P, 777. T, R111 MIT cs ..IT 111111111111ir MSWN� PL P i!R1 c, v 11.21 UN2 VNI 116%"Ifl WOW A1111111111111111111 11spi9ij iiiiinz JN2 uN NI R1 Jin UN1 UNI in= uN� UV UNIT U UNIT JN� JIn niii,iiiii mi JiY2 U�2UNI-� u,,o'i PP u,,1 UN't ur� uN1 I.11.liiIIN, P Al us, uN, .'gl -uN, Santa Ana Zoning Designations I Description ,71M.MVIT.T. 2.1.1t MMITVM�,, IT p. F, �t Al GeneralAgiriciAtural DT Downtown R4 SuburbanApartment C1 Community Commercial GC Gowunment Center RE Residential Estate C1-MD Community Commercial - Museum District M1 L,ghtlwu.t,,al SD Specific Da�elopmenl C2 GerieralComl M2 Heavyindustmal SP Specific Plan C4 Planned Shopping Center 0 Opeu Space TV Transit Village CS Artenal Commemi.1 P Profess,oral UC Up.rCeler CDR Condor R1 Single-Family Residence UN1 Urban Neighborhood 1 CR C.mmemal Residential R2 Two-Family Residence UN2 Urban Neighborrood 2 C-SM South M ... Street Commercial District R3 Muripe-Family Residence EXHIBIT A 500 Feet 75B-14 z R3 191— — so UG uc uc UC UN2 UN2 Kill M c, ur� UN2 ROMS OUR 111111 1 J.2 JN2 UN21 U.e UNO IN or :D 1111cm P. SO I�F u. ra INS -IM — vpp *0 v,11D UNZ 111""u"111111111 un2 l ?, Wrs" vv� uri� � UNI V. (jrTER DR. U.� uc U. uc u �1 UN2 w2 UM2 uu2 'IT AT IT uc ue uc 0 Tc w �3 =I ins UN2 JN2 zing OTO ST I-IT UIn 77, loll, uc U"� Nu un !0111111 J.2 JIJ2 UN' uN2 4TH ST T uc o u., U.2 = JN2 T`W T., UNi ON2 Lin UNI Unl LN2 UW I gul N.IT up UN, 11ill Jilin-flit 1 ST�Slf , E3 M2 INNI, M9 &a - ii 2 M, 11, 1. Santa Ana Zoning Designations I Description ,71M.MVIT.T. 2.1.1t MMITVM�,, IT p. F, �t Al GeneralAgiriciAtural DT Downtown R4 SuburbanApartment C1 Community Commercial GC Gowunment Center RE Residential Estate C1-MD Community Commercial - Museum District M1 L,ghtlwu.t,,al SD Specific Da�elopmenl C2 GerieralComl M2 Heavyindustmal SP Specific Plan C4 Planned Shopping Center 0 Opeu Space TV Transit Village CS Artenal Commemi.1 P Profess,oral UC Up.rCeler CDR Condor R1 Single-Family Residence UN1 Urban Neighborhood 1 CR C.mmemal Residential R2 Two-Family Residence UN2 Urban Neighborrood 2 C-SM South M ... Street Commercial District R3 Muripe-Family Residence EXHIBIT A 500 Feet 75B-14 z R3 191— — so UG uc uc UC UN2 UN2 Kill M c, ur� UN2 ROMS OUR 111111 1 J.2 JN2 UN21 U.e UNO IN or :D 1111cm P. SO I�F REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 1% 2016 TITLE: PUBLIC HEARING -- ZONING ORDINANCE AMENDMENT NO. 201"4 TO UPDATE THE WATER EFFICIENT LANDSCAPE ORDINANCE (STRATEGIC PLAN NO. 6, 2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ® As Amended El Ordinance on 1'� Reading ❑ Ordinance on 2nd Reading El Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER 1, ,Adopt an ordinance approving Zoning Ordinance Amendment No. 2015 -04. 2, Adopt a resolution approving the Santa Ana Water Efficient Landscape Guidelines 2015, PlIkyjMUC At Its regular meeting on December 14, 2015 by a vote of 5:0 (Alderste absent), the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2016 -04 amending Chapter 41 of the Santa Ana Municipal Code pertaining to landscape and irrigation requirements to promote citywide water conservation efforts and adopt a resolution approving the Santa Ana Water Efficient Landscape Guidelines 2015. The Planning Commission made no changes to the draft documents in the attached staff report (Exhibit A). e, The proposed zoning ordinance amendment is in response to Governor Brown's April 2015 Executive Order B -29 -15 to further water conservation in the California. As proposed, the update to the City's Water Efficient Landscape Ordinance and Guidelines will require new developments with landscape areas of 500 square feet or more to meet higher design standards for water conservation. The proposed update to the City's Water Efficient Landscape Ordinance and technical Guidelines to direct for landscape professionals is consistent with the regional Municipal Water District Orange County (MWDOC) Model, and "at least as effective" as the State of California Water Efficiency Model Ordinance. t.. . k._ 4I1 .11 Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement and Sustalnebility, Objective #2 (expand opportunities for conservation and environmental sustainability). 75C -1 Zoning Ordinance Amendment No. 2015 -04 — Updating Water Efficient Landscape Guidelines ,January 18, 2015 Page 2 FISCAL IMEACT Thera is no fiscal impact associated With this action. Hassan Hagheni, AICP Executive Director Planning & Building Agency MGM:rb MAREPORTMPMOA 20IR4 Watarr=rd,aa Exhibit: A. Planning Commission Staff Report 75C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 15, 2015 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2015-04 TO UPDATE THE WATER EFFICIENT LANDSCAPE ORDINANCE (STRATEGIC PLAN NO. 5,2) Prepared by Melanie McCann, AICP E ecutive Director RECOMMENDED ACTION Recommend by Minute Action: PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager Adoption an ordinance approving of Zoning Ordinance Amendment No. 2015 -04. 2. Adoption a resolution approving the Santa Ana Water Efficient Landscape Guidelines 2015. Reguest of Applicant The City of Santa Ana is requesting to update the existing Water Efficient Landscape Ordinance and to be in compliance with the recently adopted State Water Efficiency Model Ordinance, Project Description The proposed amendment to Chapter 41 (Zoning Code) of the Santa Ana Municipal Code (SAMC) will update the requirements and definitions for landscaping and irrigation to further promote water conservation. This amendment to the Zoning Code is based on the Orange County Municipal Water District of Orange County (MWDOC) "regional" model ordinance to facilitate consistency in implementation among local Orange County communities. New development projects that include landscape areas of 500 square feet or more are subject to the ordinance. This applies to residential, commercial, industrial and institutional projects that require a building or landscape permit, plan check, or design /development review. Prolect Background In 1992, the State of California enacted the Water Conservation in Landscaping Act, requiring the adoption of a water efficient landscape ordinance by cities and counties throughout the state. In 2006, AB 1881 required updates to local water conservation ordinances by January 1, 2010. In accordance with state law, the City of Santa Ana updated its ordinance, which was codified in Chapter 41 (Sections 1500 through 1504). EXHIBIT A 75C -3 Zoning Ordinance Amendment 2015 -04 December 14, 2015 Page 2 With the drought conditions at emergency levels, in April 2015 Governor Brown signed an Executive Order (EO B- 29 -15) to further water conservation ordinance. Two key components of the Executive Order included: 1) The Department of Water Resources (DWR) to update the original Model Water Efficient Landscape Ordinance (MWELO) of 2009; and 2) cities and counties to update their local Landscape Ordinances, so they are "at least as effective as" DWR's updated Model Ordinance. In response to this mandate, a stakeholder group was formed under the leadership of the Municipal Water District ( MWDOC) of Orange County earlier this year. The Orange County Model Ordinance and Guidelines were completed in October 2015 and has been reviewed by City staff as well as the City Attorney, The guiding principles of the County Model are local control, consistency among Orange County cities, and promoting the values and benefits of landscapes while recognizing the need for efficient use of water. The County MWELO upholds the "at least as effective" threshold in relation to the State MWELO. The proposed zoning code amendment incorporates the criteria and guidelines of the 'regional" MWDOC model ordinance as highlighted below: • New residential, commercial, industrial and public development projects that include landscape areas of 500 square feet or more would be subject to the ordinance. The previous landscape size threshold for new development projects was 2,500 square feet, • The size threshold for existing landscapes that are being rehabilitated remains at 2,500 square feet. • The ordinance applies to landscape projects that require a permit, plan check or development review. • Dedicated landscape water meters or submeters are required for residential landscapes over 5,000 square feet and nonresidential landscapes over 1,000 square feet. • High efficiency irrigation systems must meet the national standard contained in the state ordinance. • Landscape areas, including public medians, less than 10 feet wide must be irrigated with drip irrigation. • A Prescriptive Compliance Option is added as incentive for graywater usage and for landscapes less than 2,500 square feet. This option provides for a simplified landscape plan submittal. • Best management practices to improve soil and maximize water retention and infiltration onsite. • The maximum amount of water that can be applied on a landscape is reduced, which would effectively reduce the amount of turf to approximately 25 percent of the residential landscape areas for a commercial lot, turf would not be feasible. Special function areas, such as active recreational landscapes and edible gardens, are to be given an increased water allowance. 75C -4 Zoning Ordinance Amendment 2015 -04 December 14, 2015 Page 3 • A public education component requires new model homes to provide water efficient landscapes and signage demonstrating low water use approaches to landscaping. The Water Efficient Ordinance Update is detailed in Exhibit 1, with the procedural details implementing this Ordinance explained in Exhibit 2, entitled Santa Ana Water Efficient Landscape Guidelines 2015, Proposed Zoning Ordinance Amendment 2015 -04 also directs synthetic turf guidelines to be in keeping with recent legislation. As directed by State law, the use of synthetic turf as an option for required landscape area may not be limited or restricted by local ordinance. Thus, the Synthetic Turf Design Standard will be updated administratively to comply with State law, and assure a best practices and sustainability of the synthetic products. The proposed modifications to the City' Municipal Cade and adoption of the updated Water Efficient Landscape Ordinance will bring the City's laws into compliance with the State water conservation mandate. Further, these requirements and guidelines will enhance the water conservation efforts currently being implemented throughout the City. As a result, staff recommends that the Planning Commission recommend the City Council adopt Zoning Ordinance Amendment No 2015 -04. Stakeholder Outreach The stakeholder group assisting in the development of the "regional" water efficiency model ordinance included representatives from the county, cities, local water agencies, Building Industries Association (BIA), Association of California Cities - Orange County (ACC -OC), irrigation consultants, landscape architects, and other industry professionals. Staff from the Planning Division and Public Works Agency participated in this effort. The goal of the stakeholder group was to develop a locally - crafted update to Orange County's Model Water Efficient Landscape Ordinance. The group was charged with meeting the "at least as effective as" the State Model Ordinance requirement, minimizing the complexity, streamlining compliance, and providing consistency between local jurisdictions. Public notification included a mailing to interested parties. In addition, a notice was published in the Orange County Register advertising the Planning Commission public hearing. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15307. This Class 7 exemption, Actions by Regulatory Agencies for Protection of Natural Resources, is applicable because the project implements State law to protect water resources. Categorical Exemption Environmental Review No. 2015 -114 will be filed for this project. 75C -5 Zoning Ordinance Amendment 2015 -04 December 14, 2015 Page 4 Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement and Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2015 -04. Melanie G. McCann, AICP Associate Planner MGM:jm MAREPORTSTOZOA 201504 WalerEffOrd.pc Attachments: Exhibit 1 — Proposed Water Efficient Landscape Ordinance Exhibit 2 — Santa Ana Water Efficient Landscape Guidelines 2015 75C -6 LS 12.9.15 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE 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. In 1992, the State of California enacted the Water Conservation in Landscaping Act requiring the adoption of a water efficient landscape ordinance by cities and counties throughout the state. AB 1881, signed in 2006, required updates to local ordinances by January 1, 2010. In accordance with state law, the City of Santa Ana updated its ordinance, which was codified in Santa Ana Municipal Code in Chapter 41 Sections 1500 through 1504. B. With the drought conditions at emergency levels, in April 2015 Governor Brown signed an Executive Order (ED B- 29 -15) directing local agencies to update their ordinance to further water conservation and continue with efforts to substantially reduce water usage for residential, commercial and industrial landscape areas. C. Two key components of the Executive Order require: 1) The Department of Water Resources (DWR) to update the original Model Water Efficient Landscape Ordinance (MWELO) of 2009; and 2) cities and counties to update their local Landscape Ordinances, so they are "at least as effective as" DWR's updated Model Ordinance. D. In response to this mandate, a stakeholder group was formed under the leadership of the Municipal Water District (MWDOC) of Orange County earlier this year. The Orange County Model Ordinance and Guidelines were complete in October 2015 and have been reviewed by City staff as well as the City Attorney. The guiding principles of the County Model are local control, consistency among Orange County cities, and promoting the values and benefits of landscapes while recognizing the need for efficient use of water. The proposed zoning code amendment incorporates the criteria and guidelines of the "regional" Orange County Model Ordinance and Guidelines, and upholds the "at least as effective' threshold in relation to the State MWELO. E. The ordinance applies to landscape projects that require a permit, plan check or development review. New residential, commercial, industrial and public 75C -7 development projects that include landscape areas of 500 square feet or more would be subject to the ordinance. The previous landscape size threshold for new development projects was 2,500 square feet. The size threshold for existing landscapes that are being rehabilitated remains at 2,500 square feet. F. This Ordinance Amendment also addresses the allowance of synthetic turf requirements to be in compliance with recent legislation. As directed by State law, the use of synthetic turf as an option for required landscape area may not be unreasonably limited or restricted by local ordinance. The City's Synthetic Turf Design Standard will be updated to comply with State law and assure quality and sustainability of the synthetic products. G. The proposed modifications to the City Municipal Code and adoption of the updated Water Efficient Landscape Ordinance will bring the City's laws into compliance with the State water conservation mandate and other Orange County communities. Further, these requirements and guidelines will enhance the water conservation efforts currently being implemented throughout the City. SECTION 2. Article XVI of Chapter 41 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 41 -1500. Purpose. (a) The State Legislature has found that: (1) The waters of the State are of limited supply and are subject to ever increasing demands. (2) The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses. (3) It is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource. (4) Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development. (5) Landscape design, installation, maintenance, and management can and should be water efficient. (6) Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for Ordinance No. NS -XXX Page 2 of 11 75C -8 the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water. Sec. 41 -1501. Applicability. (a) Beginning March 2, 2016, n; -and ta♦adsEape reknte ired4v and consistent with Executive Order No. (B- 29 -15) his Article shall apply to the following landscape projects: 1 71, 11711, WIN IN 12WIRM, 111111100 • • • • rmmmm e: Xvm e: e. (3) New or rehabilitated landscape installatiert projects by individual total prGleet-land-sG -A 1- ;no 1 39rNeHwn2rS- E3R-- 5kK7g18- �arfll- flt`- fv.d�� +'�.,i -Iv^- t -s-� "; +,,,:h -a E�EJIS- �BK- 9tli@I' -W2ter feats F&& he 4wt-e <vi r square f_ nd wl Leh a�,�^+he ^tee sr }es ionary plar�er wk�le with an aggregate landscape of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in the Guidelines for Implementation of the City of Santa Ana Water Efficient Landscape ("Guidelines") Appendix A as amended from time to time. Ordinance No. NS -XXX Page 3 of 11 75C -9 (4) than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use entirely with the recycled water or through stored rainwater capture on site is subject only to Appendix A of the Guidelines. A landGGape relilitat on praject isubject - -te- the regt�ire- rnents -of tti+s A4ic4e-where4)4h°med+fied4a- ndssaped -ar sq-ua area; and I'll) ti}e F7ledifi6ati9nS-af itk}In eNe -yesY: a :7.T.7�E;7 - �a a- -a aa^ a o a (b) This Article does not apply to: (1) Registered local, state, or federal historical sites or other sites exempted by applicable federal or state law. (2) Ecological restoration projects that do not require a permanent irrigation system. (3) Mined -land reclamation projects that do not require a permanent irrigation system. (4) Plant collections, as part of botanical gardens and arboretums open to the public. Sec. 41 -1502. Implementation Procedures. (a) Prior to installation, a Landscape Documentation Package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this Article. Any Landscape Documentation Package submitted to the City shall comply with the provisions of the standards Guidelines. (b) The Landscape Documentation Package shall include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this Article and the Guidelines Standards. Ordinance No, NS -XXX Page 4 of 11 75C -10 (1) Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. (2) Water use calculations shall be consistent with calculations contained in the standards Guidelines and shall be provided to the City under procedures determined by the City. (3) Verification of compliance of the landscape installation with the approved plans shall be obtained through a Landscape Installation Certification of Completion in conjunction with a Certificate Occupancy, Permit Final or Notice of Completion process, as provided in the StapdardsGuidelines. Sec 41.1503. Landscape Water Use Standards. (a) For applicable landscape installation or rehabilitation projects subject to Section 41- 1501(a) of this Code, the Estimated Applied Water Use allowed for the landscaped area shall not exceed the Maximum Applied Water Allowance (MA WA)calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET Adjustment Factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water - efficient in a manner acceptable to the City; as provided in the Standard Guidelines. (b) Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the City. Sec. 41 -1504. Definitions. The following definitions are applicable to this Article: "Aggregate Landscape Areas" pertains to production home neighborhoods, common interest developments or other situations where multiple parcels are undergoing development as one groiect, but will eventually be individually owned or maintained. led ate�irtiT"r`�s i'Te�tlttiCM a-- . �49 of wate&wp�nd4� igat*R _Ystern, tpe landscape: "�ur�cdet -.bas Nered- or- bleelFr- atess- fey- ir�igai+e+� ae6. 5. ,,�.h argGnr! by the t tl_water nnnnny in uiVr'nh #hn . . - ek defR41G�h fre4t4-4 p Gtran h atit}n rem+ Ordinance No. NS -XXX Page 5 of N 75C -11 "City" means the City of Santa Ana a charter city and municipal corporation or its authorized designee. "Ecological restoration project' means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Estimated Applied Water Use" or "EAWU" means the average annual total amount of water estimated to be neGessary to keep plants in a healthy state.--G�d as previded in the -S4andards-. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency within each hydrozon e. of the irrigation s ste n. a'C -cyea I( ccrcnment—faete"rFnR, is equa tcrtrhi..-�GteP-dwi&d- by-the ire _ffiGie 49-ter e AF i G-- iG..ulated lR t .9 GOR't'eift speoifie- pl%44aeters -- and - +r ' SISIMIMMM-0,02 mail Special landscape Area shall not exceed I.Q. ETAF for existing non - rehabilitated landscapes is 0.8. Guidelines ""Staraeax refers to the Guidelines- eStan4afds -for Implementation of this Article, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this Article. The Guidelines are consistent with the regional Orange County Model Ordinance and Guidelines. -_ _• 75C -12 Ordinance No. NS -XXX Page 6 of 11 {rr{gatgn a€fisie�asy a ^�f a wneas rea t a tl�e arne�it e€wate- r- Y�enefisia4ly used divided by the amount of water applied. k4gation der-ived-frsra measurements and estimates of sliara and management Pr-aGtinn The i. m �+var.+na irvin�. fine effinr'ann i 4nr v., i.nua�sivcS: �-rtcTrrm - 64:eater4R &Nen efficiency can -be e d systeM& "Landscaped area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non - pervious hardscapes, and other non - irrigated areas designated for non - development (e.g., open spaces and existing native vegetation). " andsGape GonfraGfnd ' means nil hrr 4 b9ri'StrFa6`t� %'Flei#n'tafn; r6pdi r r ei ©pnleFlt�'S8a�3e sys "Landscape Documentation Package" means the package of documents that a project applicant is required to submit be- provided to the City fer r ` pprevalef landseap e ° ^rc "a d in + "° cfandaFds— uant to Section 2.1 of the Guidelines. (C) thereof. "Landscape project' means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 41 -1501 of this Code. IM "Maximum Applied Water Allowance" or °MAWA" means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the ,&tandards Guidelines. It is based upon the area's reference evapotranspiration, the ETAFAdjustmeW. Factor, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. "Mined -land reclamation projects' means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. Ordinance No. NS -XXX Page 7 of I I 75C -13 "New construction" means, for the purposes of building landscape or other new landscape such as a park, playground, or greenbelt without an associated building. 11 pervious" means any SU'--Ge or ss- 0....0- x 0 x 0 . •. page-: t4reUgh C 'x "Permit' means an authorizing document issued by local agencies for new construction or rehabilitated landscape. pstima amount of wateF-Reeded by plants. Fer-�peses of this-MiGle, the plan wat4r­use plants is w 0 0 :x 0­4 to • Plant G G. C Rpisourees •.. 0- ^G x 0 te 00.0 •: .0^ 0 0 ` 0 .0 • x : 0 ^ 0 :t'E11l4 T� '• es .s A. "Rehabilitated landscape" means any re-landscaping project that requires Guidelines permit, plan check, or development review and meets the applicability criteria of the •• • landscape area is greater than 2,600 is Cno - area, and the MGdAGati9qs-a_re�ed49 square fee , of the tetal lands-ap events using er e -- :. :e s I-PASO-99 9-99" ----s an area of the IandsGape-dedieated-6deV-W 64 x -getab4-gwdens—,afeas irrigated with reGyGled s es •x Ordinance No. NS-XXX Page 8 of 11 75C -14 "Synthetic Turf' means an acceptable no mow ground cover made of synthetic non - living material which meets the criteria standards set forth in the City's Design and Development Standards. "Turf' means a ground cover surface of mowed, lnfre Towed- no -naew grass, or synthetic turf which meets or exceeds the standards set forth in the Guidelines Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool- season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, Buffalo grass, Mexican Feather grass, Muhly grass, and Sedge grass are warm- season grasses. .......... "Water Efficient Landscape Ordinance" means Ordinance No. 2016 -XXX adopted by the City Council on January 19 2016, and codified in the Municipal Code in Chapter 41 Sections 1500 -1504. e^ e• .nrm e, ae 10011M., 1111 161MR11 IN ? S Q Section 3. Environmental Findings. A. In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further review pursuant to Section 15307, which is a categorical exemption applying is projects that implements State law to protect water resources. Categorical Exemption Environmental Review No. 2015 -114 will be filed for this project. B. The following findings have been made as referenced in CEQA, Section 15300.2; Significant effect. The project shall not be used for an activity where there is reasonable possibility that the activity will have a significant effect on the environmental due to unusual circumstances. The proposed Water Efficiency and Landscape Ordinance and Guidelines will help to conserve natural resources, reduce water use, and promote a sustainable environment. Thus, the policy amendments are not anticipated to have any unusual or significant effect on the environment. Ordinance No. NS -XXX Page 9 of 11 75C -15 2. Scenic Highways. The project shall not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcropping, or similar resources, within a highway officially designated as a state scenic highway. The proposed Ordinance and Guidelines will influence the landscape and irrigation practices throughout the city, including the locally designated scenic corridors, However, the City of Santa Ana does not include an official state scenic highway listings. Therefore, there will be no impact or damage to a state scenic resource related to the proposed water conservation and efficiency ordinance and guidelines reduction. 3. Hazardous Waste Sited. The project shall not be located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The proposed Santa Ana Water Efficiency Landscape Ordinance and Guidelines are citywide in nature, directing water conservation practices for future new and rehabilitated landscape development projects. Thus, consultation of The Official Hazardous Waste and Substance Site "Cortese" list for specific sites was not applicable for this proposed ordinance. 4. Historic Resources. The project may not cause substantial adverse change in the significance of a historical resource. As stated in Section 1.2 of the proposed Santa Ana Water Efficiency Landscape Guidelines, the Guidelines do not apply to properties registered on the local, state, or federally historical sites. Thus, the proposed adoption of the Water Efficiency Landscape Ordinance and Guidelines will not cause any adverse impact to a historic resource. 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. ordinance No. NS -XXX Page 10 of 11 75C -16 ADOPTED this day of APPROVED AS TO FORM: Sonia Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers FA*.,I'll NOT PRESENT: Councilmembers Councilmembers 2016. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2016, 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 75C -17 Ordinance No. NS -XXX Page 11 of 11 75C -18 LS 12.9.15 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING GUIDELINES FOR IMPLEMENTATION OF THE SANTA ANA WATER EFFICIENT LANDSCAPE ORDINANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A, The City of Santa Ana previously adopted Article XVI of Chapter 41 of the Santa Ana Municipal Code, "Water Efficient Landscape Standards ". Due to the passage of Executive Order (EO B- 29 -15) in April 2015, the City is amending its ordinance to comply with such Order. To assist in the regulation of and implementation of the updated water conservation ordinance, the City Council desires to approve and adopt an interrelated set of guidelines titled "Guidelines for Implementation of the City of Santa Ana Water Efficient Landscape Ordinance" ( "Guidelines "). B. The purpose of the Water Efficient Landscape Ordinance update cannot be fully advanced without the regulations established in the Guidelines attached hereto and incorporated herein as Exhibit A. Section 2. Environmental Findings. A. In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further review pursuant to Section 15307, which is a categorical exemption applying is projects that implements State law to protect water resources. Categorical Exemption Environmental Review No. 2015 -114 will be filed for this project. B. The following findings have been made as referenced in CEQA, Section 15300.2: Significant effect. The project shall not be used for an activity where there is reasonable possibility that the activity will have a significant effect on the environmental due to unusual circumstances. The proposed Water Efficiency and Landscape Ordinance and Guidelines will help to conserve natural resources, Resolution No. 2016 -XXX Page 1 of 5 75C -19 reduce water use, and promote a sustainable environment. Thus, the policy amendments are not anticipated to have any unusual or significant effect on the environment. 2. Scenic Highways. The project shall not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcropping, or similar resources, within a highway officially designated as a state scenic highway. The proposed Ordinance and Guidelines will influence the landscape and irrigation practices throughout the city, including the locally designated scenic corridors. However, the City of Santa Ana does not include an official state scenic highway listings. Therefore, there will be no impact or damage to a state scenic resource related to the proposed water conservation and efficiency ordinance and guidelines reduction. 3. Hazardous Waste Site. The project shall not be located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The proposed Santa Ana Water Efficiency Landscape Ordinance and Guidelines are citywide in nature, directing water conservation practices for future new and rehabilitated landscape development projects. Thus, consultation of The Official Hazardous Waste and Substance Site "Cortese" list for specific sites was not applicable for this proposed ordinance. 4. Historic Resources. The project may not cause substantial adverse change in the significance of a historical resource. As stated in Section 1.2 of the proposed Santa Ana Water Efficiency Landscape Guidelines, the Guidelines do not apply to properties registered on the local, state, or federally historical sites. Thus, the proposed adoption of the Water Efficiency Landscape Ordinance and Guidelines will not cause any adverse impact to a historic resource. Resolution No, 2016 -XXX Page 2 of 5 75C -20 Section 3. The City Council hereby approves and adopts the Guidelines, as attached, and orders that the same be used in all instances when the Water Efficient Landscape Ordinance is applicable to real property. Section 4. This resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney BY: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75C -21 Resolution No. 2016 -XXX Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2016, and that said resolution was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75C -22 Resolution No. 2016 -XXX Page 4 of 5 EXI41B IT A GUIDELINES FOR IMPLEMENTATION OF CITY OF SANTA ANA WATER EFFICIENT LANDSCAPE ORDINANCE Resolution No, 2016 -XXX Page 5 of 5 75C -23 75C -24 GUIDELINES FOR IMPLEMENTATION OF THE CITY OF SANTA ANA WATER EFFICIENT LANDSCAPE ORDINANCE 1111116 75C -25 TABLE OF CONTENTS Section Page No. 1. Purpose and Applicability ....................................................... ............................... 1 1.1 Purpose ......................................................................... ..............................1 1.2 Applicability ............................................................... ............................... 2 2. Submittal Requirements for New Landscape Installations or Landscape Rehabilitation Projects ............................................................ ............................... 3 2.1 Elements of the Landscape Documentation Package . ............................... 3 2.2 Water Efficient Landscape Calculations and Alternatives ........................ 5 2.3 Soil and Stormwater Management .............................. ............................... 7 2.4 Landscape Design Plan ............................................... ............................... 9 2.5 Irrigation Design Plan ............................................... ............................... 12 2.6 Grading Design Plan ................................................. ............................... 17 2.7 Certification of Completion ...................................... ............................... 18 2.8 Post - Installation Irrigation Scheduling ..................... ............................... 19 2.9 Post - Installation Landscape and Irrigation Maintenance ......................... 19 3. Provisions for Existing Landscapes ...................................... ............................... 19 4. Public Education ................................................................... ............................... 20 Appendix A: Prescriptive Compliance Option ............................. ............................... 21 Appendix B: Certification of Landscape Design ......................... ............................... 24 Appendix C: Water Efficient Landscape Worksheet ................... ............................... 25 Appendix D: Reference Evapotranspiration Table ...................... ............................... 27 Appendix E: Certificate of Completion ........................................ ............................... 30 AppendixP: Definitions ............................................................... ............................... 32 Appendix G: Irrigation Plan Checklist ......................................... ............................... 38 Appendix H: Inspection Affidavit ................................................ ............................... 39 i 75C -26 January 11, 2016 1. Purpose and Applicability 1.1 Purpose (A) The primary purpose of these Guidelines is to provide procedural and design guidance for project applicants proposing landscape installation or rehabilitation projects that are subject to the requirements of the Water Efficient Landscape Ordinance. This document is also intended for use and reference by City staff in reviewing and approving designs and verifying compliance with the Water Efficient Landscape Ordinance. The general purpose of the Water Efficient Landscape Ordinance is to promote the design, installation, and maintenance of landscaping in a manner that conserves regional water resources by ensuring that landscaping projects are not unduly water -needy and that irrigation systems are appropriately designed and installed to minimize water waste. (B) Other regulations affecting landscape design and maintenance practices are potentially applicable and should be consulted for additional requirements. These regulations include but may not be limited to: (1) State of California Assembly Bill 1881; (2) National Pollutant Discharge Elimination Permit for the Municipal Separate Storm Sewer System; (3) Orange County Fire Authority Regulations for Fuel Modification in the Landscape; (4) Water Conservation and Drought Response Regulations of the Local Water Purveyor; (5) Regulations of the Local Water Purveyor governing use of Recycled Water; (6) Zoning Code; (7) Building Code; (8) Specific Plans, Master Plans, General Plan, or similar land use and planning documents; and (9) Conditions of approval for a specific project 1 75C -27 January 11, 2016 1.2 Applicability (A) The Water Efficient Landscape Ordinance and these Guidelines apply to all of the following landscape projects: (1) New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check or development review; (2) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check or development review; (3) New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix A; (4) New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with the treated or untreated graywater or though stored rainwater capture on site is subject only to Appendix A Section (5). (B) The requirements of the Guidelines may be partially or wholly waived, at the discretion of the City or its designee, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with local water purveyor regulations. (C) Unless otherwise determined by the City, the Water Efficient Landscape Ordinance and these Guidelines do not apply to: (1) Registered local, state, or federal historical sites; (2) Ecological restoration projects that do not require a permanent irrigation system; (3) Mined -land reclamation projects that do not require a permanent irrigation system; or (4) Plant collections, as part of botanical gardens, and arboretums open to the public. 75C -28 January 11, 2016 2. Submittal Requirements for New Landscape Installations or Landscape Rehabilitation Projects (A) Discretionary approval is typically required for landscape projects that are subject to site plan reviews, or where a variance from a local building code is requested, or other procedural processes apply such that standard or special conditions of approval may be required by the City. Discretionary projects with conditions of approval may be approved administratively by City staff, or acted on formally by the Planning Commission, City Council, or other jurisdictional authority. A typical standard condition of approval reads: "Landwaping for the project shall be designed to comply with the City s Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance. " Landscape or water features that typically require a ministerial permit (i.e., a building, plumbing, electrical, or other similar permit), thereby triggering compliance with the Water Efficient Landscape Ordinance requirements independently of the need for discretionary approval include, but are not limited to, swimming pools, fountains or ponds, retaining walls, and overhead trellises. 2.1 Elements of the Landscape Documentation Package (B) A Landscape Documentation Package is required to be submitted by the project applicant for review and approval prior to the issuance of ministerial permits for landscape or water features by the City, and prior to start of construction. Unless otherwise directed by the City, the Landscape Documentation Package shall include the following elements either on plan sheets or supplemental pages as directed by the City: (1) Project Information, including, but not limited to, the following: (a) Date; (b) Project name; (e) Project address, parcel, and/or lot number(s); (d) Total landscape area (square feet) and rehabilitated landscape area (if applicable); (e) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner - installed); (f) Water supply type (e.g., potable, recycled, or well) and identification of the local retail water purveyor if the project applicant is not served by a private well; 75C -29 January 11, 2016 (g) Checklist or index of all documents in the Landscape Documentation Package; (h) Project contacts, including contact information for the project applicant and property owner; (i) Certification of Design in accordance with Exhibit B of these Guidelines that includes a landscape professional's professional stamp, as applicable, signature, contact information (including email and telephone number), license number, and date, certifying the statement that "The design of this project complies with the requirements of the City's Water If Landscape Ordinance" and shall bear the signature of the landscape professional as required by law; and (j) Any other information the City deems relevant for determining whether the landscape project complies with the Water Efficient Landscape Ordinance and these Guidelines. (2) Maximum Applied Water Allowance (MAWA) and Estimated Applied Water Use (EAWU) expressed as annual totals including, but not limited to, the following: (a) Water Efficient Landscape Worksheet (optional at discretion of the City) for the landscape project; (b) Hydrozone information table (optional at the discretion of the City) for the landscape project; and (c) Water budget calculations (optional at the discretion of the City) for the landscape project. (3) A soil management report or specifications, or specification provision requiring soil testing and amendment recommendations and implementation to be accomplished during construction of the landscape proj ect. (4) A landscape design plan for the landscape project. (5) An irrigation design plan for the landscape project. (6) A grading design plan, unless grading information is included in the landscape design plan for the landscape project or unless the landscape project is limited to replacement planting and/or irrigation to rehabilitate an existing landscape area. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] El 75C -30 January 11, 2016 2.2 Water Efficient Landscape Calculations and Alternatives (A) The project applicant shall provide the calculated Maximum Applied Water Allowance (MAWA) and Estimated Applied Water Use (EAWU) for the landscape area as part of the Landscape Documentation Package submittal to the City. The MAWA and EAWU shall be calculated based on completing the Water Efficient Landscape Worksheets (in accordance with the sample worksheets in Appendix C) which contain information on the plant factor, irrigation method, irrigation efficiency and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non - residential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non - residential areas) and expressed as annual gallons required. The EAWU is calculated based on the plants used and irrigation method selected for the landscape design. (B) The EAWU allowable for the landscape area shall not exceed the MAWA. The MAWA shall be calculated using an evapotranspiration adjustment factor (ETAF) of 0.55 for residential areas and 0.45 for non - residential areas, except for the portion of the MAWA applicable to any Special Landscape Areas within the landscape project, which shall be calculated using an ETAF of 1.0. Where the design of the landscape area can otherwise be shown to be equivalently water - efficient, the project applicant may submit alternative or abbreviated information supporting the demonstration that the annual EAWU is less than the MAWA, at the discretion of and for the review and approval of the local agency. (C) Water budget calculations shall adhere to the following requirements: (1) The MAWA shall be calculated using the Water Efficient Landscape Worksheets and equation presented in Appendix C on page 25. The example calculation is a hypothetical example to demonstrate proper use of the equation. (2) The EAWU shall be calculated using the Water Efficient Landscape Worksheet and equations presented in page 26 of Appendix C. (3) For the calculation of the MAWA and EAWU, a project applicant shall use the ETo values from the closest location listed the Reference Evapotranspiration Table in Appendix D. For geographic areas not covered in Appendix D, data from other cities, or zip codes, located nearby in the same reference evapotranspiration zone may be used. (4) For calculation of the EAWU, the plant water use factor shall be detern7ined as appropriate to the project location from the Water Use 75C -31 January 11, 2016 Efficiency of Landscape Species (WUCOLS) Species Evaluation List or from horticultural researchers with academic institutions or professional associations as approved by the California Department of water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water use plants, 0.1 to 0.3 for low water use plants, 0.4 to 0.6 for moderate water use plants, and 0.7 to 1.0 for high water use plants. (5) For calculating the EAWU, the plant water use factor shall be determined for each valve hydrozone based on the highest- water -use plant species within the zone. The plant factor for each hydrozone may be required to be further refined as a "landscape coefficient," according to protocols defined in detail in the WUCOLS document, to reflect planting density and microclimate effects on water need at the option of the project applicant or the City. (6) For calculation of the EA UV, the area of a water feature shall be defined as a high water use hydrozone with a plant factor of 1.0. (7) For calculation of the EAWU, a temporarily irrigated hydrozone area, such as an area of highly drought- tolerant native plants that are not intended to be irrigated after they are fully established, shall be defined as a very low water use hydrozone with a plant factor of 0.1. (8) For calculation of the MAWA, the ETAF for Special Landscape Areas (SLA) shall be set at 1.0. For calculation of the EAWU, the ETAF for SLA shall be calculated as the SLA plant factor divided by the SLA irrigation efficiency factor. (9) Irrigation efficiency (IE) of the irrigation heads used within each hydrozone shall be assumed to be as follows, unless otherwise indicated by the irrigation equipment manufacturer's specifications or demonstrated by the project applicant: Irrigation Method DULQ DULH* EU IE ** Spray nozzles 65% 79% 71% High efficiency spray nozzles 70% 82% 73% Multi stream/Multi trajectory rota MSMT) nozzles 75% 85% 76% Stream rotor nozzle 70% 82% 73% Microspray 75% 85% 76% Bubblers 1 1 85% 1 77% Drip emitter 90% 81% Subsurface drip 90% 81% *DULH =.386 + (.614)(DULQ ** IE (spray) _ (DULH)(IME) ** IE (drip) = Emission uniformity (EU)(IME) 6 75C -32 January 11, 2016 (D) The Maximum Applied Water Allowance shall adhere to the following requirements: (1) The Maximum Applied Water Allowance shall be calculated using the equation presented in Appendix C. The reference evapotranspiration (ETo) values used for this calculation are from the Reference Evapotranspiration Table in Appendix D and are for planning purposes only. For actual irrigation scheduling, automatic irrigation controllers are required and shall use current ETo data, such as from the California Irrigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data. 2.3 Soil and Stormwater Management (A) All planted landscape areas are required to have friable soil to maximize retention and infiltration. On engineered slopes, only amended planting holes need meet this requirement. (B) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his /her designee, as follows: (1) Submit soil samples to a certified agronomic soils laboratory for analysis and recommendations. (a) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (b) The soil analysis may include, but is not limited to: 1. soil texture; 2. infiltration rate determined by laboratory test or soil texture infiltration rate table; 3. pH; 4. total soluble salts; 5. sodium; 6. percent organic matter; and 7. recommendations. (2) In projects with multiple landscape installations (i.e. production home developments or common interest developments that are installing landscaping) a soil sampling rate of 1 in 7 lots or approximately 15% will 7 75C -33 January 11, 2016 satisfy this requirement; evenly disbursed throughout the development. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots or approximately 15% landscape area. The project applicant, or his /her designee, shall comply with one of the following: (a) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or (b) If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certification of Completion. (c) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans in order to make any necessary adjustments to the design plans. (d) The project applicant, or his /her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with the Certification of Completion. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] (C) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from additional capacity as required by any applicable local, regional, state, or federal regulation and/or one of the following: the one inch, 24 -hour rain event or the 85b percentile, 24 -hour rain event. (D) It is recommended that storm water projects incorporate any of the following elements to improve on -site stormwater and dry weather runoff capture and use: (1) Grade impervious surfaces, such as driveways, during construction to drain into vegetated areas. (2) Minimize the area of impervious surfaces such as paved areas, roof, and concrete driveways. (3) Incorporate pervious or porous surfaces (e.g. gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff. (4) Direct runoff from paved surfaces and roof areas into planting beds or landscape areas to maximize site water capture and reuse. (5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems. 75C -34 January 11, 2016 (6) Incorporate infiltration beds, swales, basins, and drywells to capture stonnwater and dry weather runoff and increase percolation into the soil. (7) Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. [Note: Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.4 Landscape Design Plan (A) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. The following design criteria shall be submitted as part of the Landscape Documentation Package. (1) Plant Material (a) Any plant may be selected for the landscape area provided the EAWU in the landscape area does not exceed the MA WA. Methods to achieve water efficiency shall include one or more of the following: (2) Protection and preservation of non - invasive water - conserving plant, tree and turf species; (3) Selection of water - conserving plant, tree and turf species; (4) Selection of plants based on local climate suitability, disease and pest resistance; (5) Selection of trees based on applicable City and local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and (6) Selection of plants from local and regional landscape program plant lists. (7) Selection of plants from local Fuel Modification Plan Guidelines. (B) Each hydrozone shall have plant materials with similar water use; with the exception of hydrozones with plants of mixed water use, as specified in Section 2.5(a)(2)(D) of these Guidelines. (C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following: 75C -35 January 11, 2016 (1) Use the Sunset Western Climate Zone System, or equivalent generally accepted models, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; (2) Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, and power lines); allow for adequate soil volume for healthy root growth and (3) Consider the solar orientation for plant placement to maximize summer shade and winter solar gain. (D) Turf is discouraged on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). (E) High water use plants, characterized by a plant, factor of 0.7 to 1.0, are prohibited in street medians. (F) A landscape design plan for projects in fire -prone areas and fuel modification zones shall comply with requirements of the local Fire Authority, where applicable. Refer to the local Fuel Modification Plan Guidelines. When conflicts between water conservation and fire safety design elements exist, the fire safety requirements shall have priority. (G) The use of invasive plant species plant species, such as those listed by the California Invasive Plat Council, is strongly discouraged. (H) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of water efficient plant species as a group. (1) Water Features (a) Recirculating water systems shall be used for water features (b) Where available and consistent with public health guidelines, recycled water shall be used as a source for decorative water features. (e) The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (d) Pool and spa covers are highly recommended. 10 75C -36 January 11, 2016 (2) Soil Preparation, Mulch and Amendments (a) Prior to planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need to meet this requirement. (b) Soil amendments shall be incorporated according to the recommendations of the soil report and what is appropriate for plants selected. (e) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling. (d) A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (e) Stabilizing mulching products shall be used on slopes that meet current engineering standards such as those detailed in the USDA/USAID Low- Volume Roads Engineering Best Management Practices Field Guide. (f) The mulching portion of the seed /mulch slurry in hydro- seeded applications shall meet the mulching requirement. (g) Organic mulch materials made from recycled or post - consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post - consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel Modification Plan Guidelines or other applicable local ordinances. (I) The landscape design plan, at a minimum, shall: (1) Delineate and label each hydrozone by number, letter, or other method; (2) Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape area shall be included in the low water use hydrozone for the water budget calculation; (3) Identify recreational areas; 11 75C -37 January 11, 2016 (4) Identify areas permanently and solely dedicated to edible plants; (5) Identify areas irrigated with recycled water; (6) Identify type of mulch and application depth; (7) Identify soil amendments, type, and quantity; (8) Identify type and surface area of water features; (9) Identify hardscapes (pervious and non pervious); (10) Identify location and installation details, and 24 -hour retention or infiltration capacity of any applicable storm water best management practices that encourage on -site retention and infiltration of storm water. Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Storm water best management practices are encouraged in the landscape design plan and examples are provided in Section 2.4(C)- (D). (11) Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.); (12) Contain the following statement: "I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them for the efficient use of water in the landscape design plan;" and (13) Bear the signature of a California- licensed landscape professional. [Note: Authority Cited: Section 65595, Reference: Section 65596, Government Code and Section 1351, Civil Code.] 2.5 Irrigation Design Plan (A) This section applies to landscape areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturer's recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) System (a) Landscape water meters, defined as either a dedicated water service meter or private sub meter, shall be installed for all non- 12 75C -38 January 11, 2016 residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either: 1. A customer service meter dedicated to landscape use provided by the local water purveyor; or 2. A privately owned meter or sub meter. (b) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data with non - volatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable. (c) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (d) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure - regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. 2. Static waterpressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. (e) BacWow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable City code (i.e., public health) for additional backflow prevention requirements. (f) A master shutoff valve shall be as close as possible to the point of connection and is required on all projects; with the exception for 13 75C -39 January 11, 2016 landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features. (g) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all non - residential landscapes and residential landscapes of 5,000 sq. ft. or larger. The flow sensor must be in combination with a master shut -off valve. (h) Manual isolation valves (such as a gate valve, ball valve, or butterfly valve) shall be required downstream of the point of connection of the water supply to minimize water loss in case of an emergency (such as a main line break) or routine repair. (i) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non - targeted areas, such as adjacent property, non - irrigated areas, hardscapes, roadways, or structures. (j) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (k) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (1) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers' /International Code Council's (ASABE/ICC) 802 -2014 "Landscape Irrigation Sprinkler and Emitter Standard, All Sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASBE /ICC 802 -2014. (m) Average irrigation efficiency (IE) for the project shall be determined in accordance with the EAWU calculation sheet in Appendix B. Unless otherwise indicated by the irrigation equipment manufacturer's specifications or demonstrated by the project applicant, the irrigation efficiency of the irrigation heads used within each hydrozone shall as listed in Section 2.3(C)(9). (n) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. 14 75C -40 January 11, 2016 (o) In mulched planting areas, the use of low volume irrigation (drip or low volume overhead irrigation) is required to maximize water infiltration into the root zone; with the exception of areas with fuel modification requirements and/or those that require plant establishment to comply with local grading ordinances. (p) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. (q) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. (r) Swing joint components are required on all sprinklers subject to damage that are adjacent to hardscapes or in high traffic areas of turf. (s) Check valves or anti -drain valves are required on all sprinkler heads where low point drainage could occur. (t) Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. (u) Overhead irrigation shall not be permitted within 24 inches of any non - permeable surface. Allowable irrigation within the setback from non - permeable surfaces may include drip, drip line, or other low flow non -spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: 1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. the adjacent non - permeable surfaces are designed and constricted to drain entirely to landscaping; or 3. the irrigation designer for the landscape project specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates strict adherence to the irrigation system design criteria in Section 2.5 (a)(1)(H) hereof. Prevention of overspray and runoff must be confirmed during an irrigation audit. 4. slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer of 15 75C -41 January 11, 2016 the landscape project specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. (2) Hydrozone (a) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (b) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. (c) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. (d) Individual hydrozones that mix plants of moderate and low water use or moderate and high water use may be allowed if: 1. The plant factor calculation is based on the proportions of the respective plant water uses and their respective plant factors; or 2. The plant factor of the higher water using plant is used for the calculations. (e) Individual hydrozones that mix high and low water use plants shall not be permitted. (f) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve and assign a number to each valve. (g) The irrigation design plan, at a minimum, shall contain: 1. the location and size of separate water meters for landscape; 2. the location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and baclflow prevention devices; 16 75C -42 January 11, 2016 3. static water pressure at the point of connection to the public water supply; 4. flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; 5. irrigation schedule parameters necessary to program smart timers specified in the landscape design; 6. the following statement: "I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them accordingly for the efficient use of water in the irrigation design plan;" and 7. the signature of a California - licensed landscape professional. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.6 Grading Design Plan (A) For the efficient use of water, grading of a landscape project site shall be designed to minimize soil erosion, ninoff, and water waste. Finished grading configuration of the landscape area, including pads, slopes, drainage, post - construction erosion control, and storm water control Best Management Practices, as applicable, shall be shown on the Landscape Plan unless this information is fully included in separate Grading Plans for the project, or unless the project is limited to replacement planting and /or irrigation to rehabilitate an existing landscape area. (B) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: (1) Height of graded slopes; (2) Drainage patterns; (3) Pad elevations; (4) Finish grade; and (5) Stoma water retention improvements, if applicable. (C) To prevent excessive erosion and runoff, it is highly recommended that the project applicant: 17 75C -43 January 11, 2016 (1) Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non - permeable hardscapes; (2) Avoid disruption of natural drainage patterns and undisturbed soil; and (3) Avoid soil compaction in landscape areas. (D) The Grading Design Plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of the landscape professional, as required bylaw. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.7 Certification of Completion (A) Landscape project installation shall not proceed until the Landscape Documentation Package has been approved by the City and any ministerial permits required are issued. (B) The project applicant shall notify the City at the beginning of the installation work and at intervals, as necessary, for the duration of the landscape project work to schedule all required inspections. (C) Certification of Completion of the landscape project shall be obtained through a Certificate of Use and Occupancy or a Permit Final. The requirements for the Final Inspection and Permit Closure include submittal of (1) A Landscape Installation Certificate of Completion in the form included as Appendix D of these Guidelines, which shall include: (i) certification by a landscape professional that the landscape project has been installed per the approved Landscape Documentation Package; and (ii) the following statement: "The landscaping has been installed in substantial conformance to the design plans, and complies with the provisions of the Water Efficient Landscape Ordinance for the efficient use of water in the landscape." (a) Where there have been significant changes (as deemed by the local permitting agency) made in the field during construction, these "as- built" or record drawings shall be included with the certificate (b) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. (2) Documentation of the irrigation scheduling parameters used to set the controller(s); M 75C -44 January 11, 2016 (3) An irrigation audit report from a local agency landscape irrigation auditor or third party certified landscape irrigation auditor, documentation of enrollment in regional or local water purveyor's water conservation programs, and/or documentation that the MAWA and EAWU information for the landscape project has been submitted to the local water purveyor, may be required at the option of the City. Example Inspection Affidavit is included as Appendix H. (a) Landscape audits shall not be conducted by the person who designed or installed the landscape. (b) In large projects or projects with multiple landscape installations (i.e. production home developments or common interest developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.8 Post - Installation Irrigation Scheduling (A) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Overhead irrigation shall be scheduled in accordance with the local water purveyor's Water Conservation Ordinance. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.9 Post - Installation Landscape and Irrigation Maintenance (A) Landscapes shall be maintained to ensure water use efficiency in accordance with existing local agency code. 3. Provisions for Existing Landscapes (A) Irrigation of all landscape areas shall be conducted in a manner conforming to the rules and requirements and shall be subject to penalties and incentives for water conservation and water waste prevention, as determined and implemented by the local water purveyor and as may be mutually agreed by the City. 19 75C -45 January 11, 2016 (B) The City and/or the regional or local water purveyor may administer programs such as irrigation water use analyses, irrigation surveys and/or irrigation audits, tiered water rate structures, water budgeting by parcel, or other approaches to achieve landscape water use efficiency community -wide to a level equivalent to or less than would be achieved by applying a MA WA calculated with an ETAF of 0.8 to all landscape areas in the City over one acre in size. (C) The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low -water use plants as a group. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 4. Public Education (A) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management, and maintenance that save water is encouraged in the community. (B) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes as described. (1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the site water efficient landscape; and demonstrate low water use approaches to landscaping such as using appropriate plants, alternative water sources, or rainwater catchment systems. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 20 75C -46 Appendix A: Prescriptive Compliance Option PRESCRIPTIVE COMPLIANCE OPTION (A) This appendix contains prescriptive requirements which may be used as a compliance option to the Ordinance. (B) Compliance with the following items is mandatory and must be documented in a landscape plan in order to use the prescriptive compliance option: (1) Submit a Landscape Documentation Package which includes the following elements: (a) Date (b) Project applicant (c) Project address (if available, parcel and/or lot number (s)) (d) Total landscape area (square feet), including a breakdown of turf' and plant material (e) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner - installed) (f) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (g) Contact information for the project applicant and property owner (h) Applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option to the MWELO" (2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra - indicated by a soil test); (3) Plant material shall comply with all of the following: (a) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plan factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water; For non - residential areas, install climate adapted plants that require occasional, little or no summer water 21 75C -47 (average WUCOLS plan factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water; (b) A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. (4) Turf shall comply with all of the following: (a) Turf shall not exceed 25% of the landscape area in residential areas, and turf shall not be planted in non - residential areas (b) Turf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation change for every 4 feet of horizontal length; (c) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub - surface irrigation, or by other technology that creates no overspray or runoff. (5) Irrigation systems shall comply with the following: (a) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data (b) hrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted. (c) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. (d) Manual shut -off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply. (e) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE /ICC802 -2014. "Landscape irrigation Sprinkler and Emitter Standard." All Sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802- 2014. 22 75C -48 (f) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. 23 75C -49 Appendix B: Certification of Landscape Design CERTIFICATION OF LANDSCAPE DESIGN I hereby certify that: (1) I am a professional appropriately licensed in the State of California to provide professional landscape design services. (2) The landscape design and water use calculations for the property located at (provide street address or parcel number(s)) were prepared by me or under my supervision. (3) The landscape design and water use calculations for the identified property comply with the requirements of the City of Water Efficient Landscape Ordinance (Municipal Code Sections ) and the City of _ Guidelines for Implementation of the City of Water Efficient Landscape Ordinance. (4) The information I have provided in this Certificate of Landscape Design is true and correct and is hereby submitted in compliance with the City of Guidelines for Implementation of the City of Water Efficient Landscape Ordinance. Print Name Signature Address Telephone Landscape Design Professional's Stamp 24 75C -50 Date License Number E -mail Address Appendix C: Water Efficient Landscape Worksheet STATER EFFICIENT LANDSCAPE WORI {SKEET This work5i eet is filled out by the project applicant and it is a required item of the Landscape Documentation Package. Landscape Area Sector Type []Residential Reference Evapotranspiration (ETo)a: (select one): [ ] Non - Residential Average ETAF for Regular In Not In Landscape Areae (circle one): Compliance Compliance Special Landscape Area SLA -1 Hydrozone It/Planting Description Location Plant Factor° (PF) Irrigation Method` Irrigation Efficiency` (IE) ETAF (PF /IE) Landscape Area (sq -ft) ETAF x Area Estimated Total Water used (ETWU) Regular Landscape Area 1 SLA -3 SLA -4 2 SLA -5 3 4 5 6 7 d 5 to 11 12 Average Total Total Average ETAF for Regular In Not In Landscape Areae (circle one): Compliance Compliance Special Landscape Area SLA -1 SLA -2 SLA -3 SLA -4 SLA -5 Totals Total Landscape Area Site wide ETAF ETWU Total Maximum Allowed Water Allowance (MAWA)` 25 75C -51 WORKSHEET INFORMATION & EQUATIONS 'Local monthly evapotranspiration rates are listed in Appendix D. b The following table can be used for common plant factors: Plant Factor PF _ Very Pow water use plant 0.1 Low water use plant 0.2 Medium water use plant 0.5 High water use plaint 0.8 L.iw,n 0.8 Pool" Spa, or other water feature 1.0 `Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and managenrent practices. The miniuuun average irrigation ef#iriency for purposes of these Guidelines is tb. r I . The following irrigation e f ciencY may be obtained for the lusted irrigation heads with an Irrr`gation Management Efficiency of 90 %: Inigatiou 1klethod IE spraynozzles 71% High efficiency spray nozzles 73`Yo Multi streanrmulti trajectory rotary CMSMT) nozzles 76% Stream rotor nozzle 73% Microspray 76% Bubblers 77% Drip emitter 81% Subsurface. drip 81 °.0 a Estimated Total Water Use (ETWU) is the annual gallons required ETW'U = (ETo) x (0.62) x (ETAF x Area) where, ETo = annual evapotranspiration rate in inches per year 0.62 = factor used to convert inches per year to gallons per square foot ETAF = plant factor irrigation efficiency Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas. and 0.45 or below for nonresidential areas. r Maxinnem Allowed Water Allowance (MAWA) is the annual gallons allowed MAWA = (ETo) x (0.62) x [(ETAF x LA) + ((I -ETAF) x SLA)] where, ETo = annual evapotranspiration rate in inches per year 0.62 = factor used to convert incites per year to gallons per square foot ETAF =plant factor= irrigation efficiency LA = total (site wide) landscape area in square feet SLA= total special landscape area 26 75C -52 City Jan Feb Mar Aliso Viejo 2.6 2.5 3.6 Anaheim 2.7 2.7 3.3 Atwood 2.7 2.8 3.5 Balboa 2.6 2.4 3.4 Balboa Island 2.6 2.4 3.4 Brea 2.7 2.8 3.4 Buena Park 2.6 2.5 3.6 Capistrano 2.6 2.5 3.5 Beach 5.6 4.7 3.4 Corona Del 2.6 2.5 3.4 Mar 5.6 5.9 6.0 Costa Mesa 2.6 2.5 3.5 Coto De Caza 2.6 2.5 3.7 Cypress 2.6 2.5 3.5 Dana Point 2.6 2.5 3.5 El Modena 2.7 2.7 3.4 Foothill Bunch 2.6 2.5 3.7 Fountain 17 2.6 12 Valley 5.2 4.5 3.3 Fullerton 17 2.7 33 Garden Grove 2.7 2.7 3.2 Huntington 2.6 2.5 3.4 Beach 4.4 53 5.3 Irvine (North) 2.6 2.5 3.7 Irvine (South) 2.6 2.5 3.6 27 75C -53 Appendix D: Reference Evapotranspiration Table REFERENCE EVAPOTRANSPIRATION(ETo) TABLE Apr May Jun Jul Aug Sep Oct Nov Dee Annual Total (inches per year) 4.3 5.1 5.1 5.6 5.6 4.7 3.4 2.6 2.0 47.1 4.6 5.3 5.6 5.9 6.0 5.1 3.4 2.6 2.0 492 49 5.6 6.2 6.5 6.5 5.5 3.6 2.7 10 52.5 4.2 4.9 4.5 5.1 5.1 4.4 3.3 2.5 2.0 44.4 4.2 4.9 4.6 5.2 5.2 4.5 3.3 2.5 2.0 44.7 4.8 5.5 6.0 6.4 6.4 5.4 3.6 2.7 2.0 51.8 4.4 53 5.3 6.0 5.8 4.9 3.5 2.5 2.0 48.4 4.2 5.0 4.7 5.3 5.3 4.6 3.3 2.5 2.0 45.4 4.2 4.9 4.6 5.2 5.2 4.5 3.3 2.5 2.0 44.9 4.2 5.0 4.8 5.4 5.3 4.6 3.3 2.5 2.0 45.6 4.5 5.5 5.6 6.2 6.1 5.1 3.6 2.6 2.0 49.8 4.3 5.2 5.1 5.7 5.6 4.7 3.4 2.5 2.0 47.2 4.2 4.9 49 5.2 5.2 4.5 3.3 2.5 2.0 45.1 4.7 5.4 5.9 6.2 6.2 5.3 3.5 2.7 2.0 50.7 4.5 5.5 5.6 6.3 6.1 5.1 3.6 2.6 2.0 50.1. 4A 4.9 5.0 5.3 5.4 4.8 3.2 2.6 2.0 46.0 4.6 5.3 5.7 6.0 6.0 5.2 3.4 2.6 2.0 49.7 4.5 5.0 5.2 5.5 5.6 4.9 3.3 16 2.0 47.2 4.2 4.9 4.7 5.3 5.2 4.5 3.3 2.5 2.0 45.0 4.5 5.4 5.5 6.1 6.0 5.0 3.6 2.6 2.1 49.5 4.4 5.3 5.2 5.8 5.7 4.8 3.4 2.6 2.0 47.9 27 75C -53 City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Total (inches per year) La Habra 2.6 2.5 3.7 4.5 5.6 5.6 6.4 6.2 5.1 3.6 2.6 2.0 50.4 La Patina 2.6 2.5 3.6 4.4 5.3 5.2 5.8 5.7 4.8 3.4 2.5 2.0 47.8 Ladera Ranch 2.6 2.5 3.6 4.4 5.3 5.3 5.9 5.8 4.9 3.5 2.6 2.1 48.4 Laguna 2.6 2.5 3.5 4.3 5.1 4.9 5.5 5.5 4.7 34 2.5 2.0 46.5 (South) Laguna Beach 2.6 2.5 3.5 4.3 5.1 4.9 5.5 5.4 4.6 3.4 2.5 2.0 48.4 Laguna Niguel 2.6 2.5 3.5 4.3 5.1 4.9 5.5 5.5 4.7 3.4 2.5 2.0 46.5 Laguna Woods 2.6 2.5 3.6 4.4 5.3 5.2 5.8 5.7 4.9 3.5 2.6 2.0 48.0 Lake Forest 2.6 2.5 3.7 4.4 5.4 5.4 6.1 5.9 5.0 3.5 2.6 2.1 49.2 Lido Isle 2.6 2.4 3.4 4.2 4.9 4.6 5.1 5.1 4.4 3.3 2.5 2.0 44.4 Los Alamitos 2.6 2.5 3.5 4.3 5.1 4.9 5.5 5.4 4.6 3.4 2.5 2.0 46.4 Midway City 2.6 2.5 3.5 4.3 5.1 4.9 5.5 5.5 4.7 3.4 2.5 2.0 46.5 Mission Viejo 2.6 2.5 3.7 4.4 5.4 5.4 6.0 5.9 4.9 3.5 2.6 2.0 489 Monarch Bay 2.6 2.5 3.5 4.2 4.9 4.7 5.2 5.2 4.5 3.3 2.5 2.0 45.1 Newport 2.6 2.5 3.5 4.2 5.0 4.7 5.3 5.3 4,5 3.3 2.5 2.0 45.4 Beach Orange 2.7 2.7 3.3 4.6 5.3 5.7 6.0 6.0 5.2 3.4 17 2.0 49.7 Placentia 2.7 2.7 3.4 4.7 5.4 5.9 6.2 6.2 5.3 3.5 17 2.0 50.9 Rancho Santa 2.6 2.5 3.7 4.4 5.5 5.5 6.1 6.0 5.0 3.6 16 2.0 49.5 Margarita Rossmoor 2.6 2.5 3.5 43 5.1 4.9 5.5 5.4 4.6 3.4 2.5 2.0 46.4 San Clemente 2.6 2.5 3.5 43 5.1 4.9 5.4 5.4 4.7 3.4 2.6 2.0 46.4 San Juan 2.6 2.5 3.6 4.4 5.4 5.4 6.0 5.9 4.9 3.5 2.6 2.0 48.8 Capistrano Santa Ana 2.6 2.6 3.4 4.5 5.2 5.3 5.7 5.7 4.9 3.4 2.6 2.0 47.8 Seal Beach 2.6 2.5 3.4 4.2 5.0 4.7 5.3 5.3 4.5 33 2.5 20 45.4 Silverado 2.6 2.5 3.7 4.5 5.6 5.8 6.5 6.3 5.2 3.6 2.6 2.0 51.0 Canyon Stanton 2.6 2.5 3.5 4.3 5.2 5.1 5.7 5.6 4.7 3.4 2.5 2.0 47.4 II 75C -54 City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Total (inches per year) Sunset Beach 2.6 2.5 3.4 4.2 5.0 4.7 5.3 5.2 4.5 33 15 2.0 45.0 Surfside 2.6 2.5 3.4 4.2 5.0 4.7 5.3 5.2 4.5 3.3 15 2.0 45.0 Trabuco 2.6 2.5 3.7 4.5 5.5 5.6 6.2 6.1 51 3.6 2.6 2.0 49.8 Canyon Tustin 2.7 2.7 3.3 4.6 5.3 5.6 5.9 5.9 5.1 3A 2.7 2.0 492 Villa Park 2.7 2.7 3.4 4.7 5.4 5.9 6.2 6.2 5.3 3.5 2.7 2.0 %8 Westminster 16 2.5 3.5 43 5.1 4.9 5.5 5.5 4.7 3.4 2.5 10 46.5 Yorba Linda 29 2.8 3.5 4.9 5.7 6.3 6.6 6.6 5.6 3.7 2.7 10 53.1 * The values in this table were derived from California Irrigation Management Information System ( CIMIS) Spatial CIMIS data by zip code. Cities with multiple zip codes present monthly averages. 29 75C -55 Appendix E: Certificate of Completion LANDSCAPE INSTALLATION CERTIFICATE OF COMPLETION I hereby certify that: (1) I am a professional appropriately licensed in the State of California to provide professional landscape design services for: (project name, mailing address and telephone). (2) The landscape project for the property located at (provide street address or parcel number(s)) was installed by me or under my supervision. (3) The landscaping for the identified property has been installed in substantial conformance with the approved Landscape Documentation Package and complies with the requirements of the City of Water Efficient Landscape Ordinance (Municipal Code Sections ) and the City of Guidelines for Implementation of the City of Water Efficient Landscape Ordinance for the efficient use of water in the landscape. (4) The following elements are attached hereto: a. h-iigation scheduling parameters used to set the controller; b. Landscape and irrigation maintenance schedule; c. Irrigation audit report; and d. Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of the soil report recommendations. (5) The site installation complies with the following: a. The required irrigation system has been installed according to approved plans and specifications and if applicable, any prior approved irrigation system alternatives. Yes —No b. Sprinklers comply with ASABEACC 802 -2014 Landscape Irrigation Sprinkler & Emitter Standard. Yes —No (6) The information I have provided in this Landscape Installation Certificate of Completion is true and correct and is hereby submitted in compliance with the City of Guidelines for Implementation of the City of Water Efficient Landscape Ordinance. Ri1I 75C -56 Print Name Signature Address Date License Number Telephone E -mail Address Landscape Design Professional's Stamp (1f Appropriate) 31 75C -57 Appendix F: Definitions DEFINITIONS The terms used in these Guidelines have the meaning set forth below "Aggregate" area pertains to production home neighborhoods, common interest developments, or other situations where multiple parcels are undergoing landscape development as one project, but may eventually be individually owned or maintained. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Check valve" or "anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. "Certified Landscape Irrigation Auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. "Certification of Design" means the certification included as Exhibit E of these Guidelines that must be included in the Landscape Documentation Package pursuant to Section 2.1 of these Guidelines. "City" means the City of Santa Ana or its authorized designee "Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351 "Distribution Uniformity" or "DU' is a measure of how uniformly an irrigation head applies water to a specific target area and theoretically ranges from zero to 100 percent. "Drip" irrigation means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. "Estimated Applied Water Use" or "EAWU" means the annual total amount of water estimated to keep plants in a healthy state. It is based on factors such as reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the irrigation efficiency within each hydrozone. 32 75C -58 "Evapotranspiration adjustment factor" or "ETAF' means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)= (0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non - rehabilitated landscapes is 0.8. "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. "Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. "Hardscapes" means any durable material or feature (pervious and non pervious) installed in or around a landscape area, such as pavements or walls. Pools and other water features are considered part of the landscape area and not considered hardscapes for purposes of these Guidelines. "Graywater" means a system intreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a flu eat from contamination by unhealthy processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines. And laundry tubs, but does not include wastewater from kitchen sinks or dishwashers as per the Health and Safety Code (Section 17922.12). Graywater systems promote the efficient use of water and are encouraged to assist in on -site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. "Hydrozone" means a portion of the landscape area having plants with similar water needs and typically irrigated by one valve /controller station. A hydrozone may be irrigated or non- irrigated. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). "Invasive" plants species or "noxious" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive plant species may be regulated by county agricultural agencies as noxious species. "Irrigation audit" means an in -depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune -up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. 33 75C -59 "Irrigation Management Efficiency" or "IMF" means the measurement used to calculate the irrigation efficiency of the irrigation system for a landscaped project. A 90% IME can be achieved by using evaportranspiration controllers, soil moisture sensors, and other methods that will adjust irrigation run times to meet plant water needs. "Irrigation efficiency" or "IE" means the measurement of the amount of water beneficially used divided by the amount of water applied to a landscape area. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of these Guidelines is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. The following irrigation efficiency may be obtained for the listed irrigation heads with an IME of 90 %: Irrigation Method DULQ DULn* EU IE ** Spray nozzles 65% 71% High efficiency spray nozzles 70% 73% Multi stream/Multi trajectory rota MSMT) nozzles 75% r2% 76% Stream rotor nozzle 70% 73% Microspray 75% 76% Bubblers 85% 77% Drip emitter 90% 81% Subsurface drip 90% 81% *DU,, = .386 + (.614)(DULQ) ** IE (spray) _ (DULH)(EVIE) ** IE (drip) = Emission uniformity (EU)(IME) "Landscape coefficient" (KL ) is the product of a plant factor multiplied by a density factor and a microclimate factor. The landscape coefficient is derived to estimate water loss from irrigated landscape areas and special landscape areas. "Landscape Documentation Package" means the package of documents that a project applicant is required to submit to the City pursuant to Section 2.1 of these Guidelines. "Landscape Installation Certificate of Completion" means the certificate included as Exhibit F of these Guidelines that must be submitted to the City pursuant to Section 23(a)(1) of hereof. "Landscape professional" means a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape pursuant to Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the California Business and Professions Code, Section 832.27 of Titlel6 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code. "Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non- 34 75C -60 pervious hardscapes, and other non - irrigated areas designated for non - development (e.g., open spaces and existing native vegetation). "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Low volume overhead irrigation " means aboveground irrigation heads with an upper flow limit of 0.5 GPM. "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. "Manual Isolation Valve" means a valve such as a gate valve, ball valve, or butterfly valve installed downstream of the point of connection of the water supply to shutdown water flow through mainline piping for routine maintenance and emergency repair. "Master shut -off valve" an electronic valve such as a solenoid valve installed as close as possible to the point of connection and is used in conjunction with a flow sensor and flow monitoring controller technology to automatically shutdown system wide water flow in the event of high flow conditions such as mainline pipe break. "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water for the established landscape area, as specified in Section 2.2 of these Guidelines. It is based upon the area's reference evapotranspiration, the ETAF, and the size of the landscape area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. "Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. "Mulch" means any organic material such as leaves, bark, straw or compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. "Non pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. "Operating pressure" means the pressure at which the parts of an irrigation system of sprinklers are designed to operate at by the manufacturer "Overspray" means the irrigation water which is delivered beyond the target area 35 75C -61 "D, erson" means any natural person, firm, joint venture, joint stock company, partnership, public or private association, club, company, corporation, business trust, organization, public or private agency, government agency or institution, school district, college, university, any other user of water provided by the City or the local water purveyor, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in these Guidelines are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." "Precipitation rate" means the rate of application of water measured in inches per hour. "Project applicant" means the person submitting a Landscape Documentation Package required under Section 2.1 to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. "Property owner" or "owner" means the record owner of real property as shown on the most recently issued equalized assessment roll. "Reference evapotranspiration" or "ETV means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix C of these Guidelines, and is an estimate of the evapotranspiration of a large field of four to seven -inch tall, cool- season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. "Recycled water" or "reclaimed water" means treated or recycled waste water of a quality suitable for non - potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. "Special Landscape Areas" or "SLA" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as community pools and spas, parks, sports fields, golf courses, and where turf provides a playing surface. "Sprinkler head' means a device which delivers water through a nozzle 36 75C -62 "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operate simultaneously. "Swing joint" means an irrigation component that provides a leak -free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. Synthetic turf means an acceptable no now ground cover made of synthetic, no living material which meets the standards set forth in the City's Design and Development Standards. "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool- season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm - season grasses. "Valve" means a device used to control the flow of water in an irrigation system. "Water Efficient Landscape Ordinance" means Ordinance No. , adopted by the City Council on 2015, and codified in the Municipal Code in Chapter 41, Section 1500 through 1504. "Water Efficient Landscape Worksheets" means the worksheets required to be completed pursuant to Section 2.2 of these Guidelines and which are included in Appendix B hereof. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on -site wastewater treatment, habitat protection, or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. "Watering window" means the time of day irrigation is allowed. "WUCOLS" means the Water Use Classification of Landscape published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000. www. owue.water.ca.gov /docs /wuco1s00 37 75C -63 Appendix G: Irrigation Plan Checklist Tlus is a voluntary compliance tool template developed by the Irrigation Association. IRRIGATION PLAN CHECKLIST Please complete the following checklist by checking all appropriate categories under APPLICANT column, indicating compliance with these content requirements. All submitted plans shall contain the following information: LANDSCAPE PLAN NUMBER: NAME OF PROJECT: Applicant Planner [ ] 1. Prevailing winds [ ] [ ] 2. Slope aspect and degree of slope [ ] [ ] 3. Soil type and infiltration rate [ ] [ ] 4. Vegetation type [ ] [ ] 5. Microclimates [ ] [ ] 6. Expansive or hazardous soil conditions [ ] [ ] 7. Water harvesting potential [ ] [ ] 8. Available water supply, including non - potable and recycled water [ ] All pertinent system information is indicated, including: [ ] 9. Irrigation zones substantially corresponding to hydrozones on the landscape [ ] plan and labeled by precipitation rates and method of application [ ] 10. Water meters [ ] [ ] 11. Tap -in location [ ] [ ] 12. Static water pressure at the point of connection [ ] [ ] 13. System controller [ ] [ ] 14. Rain sensor /shut -off device [ ] [ ] 15. Backflow preventers [ ] [ ] 16. Shut -off valves and zone control valves [ ] [ ] 17. Main line and lateral piping [ ] [ ] 18. Sprinkler heads [ ] [ ] 19. Bubblers and drip irrigation tubing runs [ ] [ ] 20. Type and size of main irrigation system components [ ] [ ] 21. Total required operating pressure for each control valve /zone [ ] [ ] 22. Graphic depiction of the locations of irrigation system components [ ] [ ] 23. Total required operating pressure for each control valve /zone [ ] [ ] 24. Any supplemental stormwater and/or runoff harvesting [ ] System design is in conformance with the following standards: [ ] 25. Certification of Professional Qualifications, attached [ ] [ ] 26. Pedestrian surfaces located on plan [ ] [ ] 27. Equipment installed flush with grade for safety [ ] [ ] 28. Compliance with local codes [ ] [ ] 29. Overspray onto impervious areas minimized [ ] 75C -64 Appendix H: Inspection Affidavit This is a voluntary compliance tool template developed by the Irrigation Association. IRRIGATION INSPECTION AFFIDAVIT (To be submitted in conformance with Code Section 309.0) Irrigation Alan File No: Name of Project Irrigation Plan Designer: Inspector. Date(s) of Inspection This project was Inspected within the limits of customary access for compliance with the approved Irrigation plan on file in City Planning. At least two (2) Inspections were conducted. The findings are as follows: I herei below: A afridavii based an the qualification indleatbd Name (PRINT) Date 39 75C -65 Signature )f certification 75C -66 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF XXXXXXXX, CALIFORNIA, IN SUPPORT OF THE HOUSING FUTURES INITIATIVE BY THE BUILDING INDUSTRY ASSOCIATION ORANGE COUNTY CHAPTER WHEREAS, in 2014 the Building Industry Association Orange County Chapter, in collaboration with the Orange County Business Council (OCBC) embarked on the Housing Futures Initiative to reverse the trend of losing Orange County's young adults and diverse workforce due to high housing costs by offering a road map for the creation of new housing options that is attainable and meets the needs of our local cities and economies; WHEREAS, in 2015, $141,000 is the annual minimum qualifying income to afford a median - priced home in Orange County, and $66,000 annually to lease a typical two - bedroom apartment in Orange County; WHEREAS, due to the high cost of living, the Orange County region is losing 7% of individuals in the 25 -34 age range while surrounding counties are showing an increase; WHEREAS, due to the lack of affordable housing, 6,210 existing homes are at risk of losing affordability in the next five years, and 91% of homes are unaffordable to teachers; WHEREAS, powered by more than 1,100 member companies, the BIA /OC is committed to supporting the creation of housing at all levels of affordability as the foundation of vibrant and sustainable communities; WHEREAS, through collaboration with local stakeholders, Community Members and Business Partners, the six recommendations set forth in The Initiative are designed to promote and encourage the development of a broad range of housing at all levels of affordability, and are as follows; Existing Opportunities: Existing General Plans and zoning documents provide opportunities to build homes that can be offered at lower price points. These opportunities need to be identified and promoted to stakeholders. Modernize Zoning: A greater variety of housing can be provided by adopting flexible development standards and modernizing zoning. Specifically, changes should be designed to provide housing that attracts individuals who are leaving Orange County due to a lack of affordable housing: individuals 25 - 34, and Boomers. 85A -1 • Create New Incentives: Simple steps - such as a reduction in building setbacks or parking requirements - can be taken to attract development of income - restricted housing. • Expedite The Process: Streamlining the development process for housing that meets an underserved need can be accomplished by fast - tracking permits and even pre- approving EIRs for residential property. A menu of strategies can be provided to municipalities. • Match Housing with Transportation: Key demographics needing affordable housing often desire -or need - access to transportation services. An emphasis should be placed on locating affordable new home opportunities near train stations, bus stops and other forms of public transportation. • Enlist Community and Business Partners: Creating housing that meets the needs of all Orange County is a challenge for all of Orange County - not just local governments and the building industry. As such, partnerships with the BIA and other stakeholders should be created to identify and advocate for affordable housing solutions. NOW, THEREFORE, the City Council of the City of Santa Ana resolves as follows: Section 1: In recognition of the positive impact The Housing Futures Initiative will have on the local community and economy, we formally affirm our support for The Housing Futures Initiative and the benefits that it provides the County of Orange. 85A -2