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HomeMy WebLinkAbout FULL PACKET_2016-11-15MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS — None OCTOBER 18, 2016 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:49 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ANGELICA AMEZCUA ROMAN A. REYNA SAL TINAJERO COUNCILMEMBERS Absent: VICENTE SARMIENTO, Mayor Pro Tern MICHELE MARTINEZ P. DAVID BENAVIDES STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:49 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. 1901 First Street Owner, LLC v. City of Santa Ana, Orange County Superior Court Case No. 30- 2016- 00876616- CU- CR -CJC; and B. Jose Eduardo Arellano, et al. v. City of Santa Ana, et al. Federal Case No. 8:14-cv-01 886-JVS-RNB CITY COUNCIL MINUTES 1 OCTOBER 18, 2016 1 0A -1 2. JOINT CITY COUNCIL AND SUCCESSOR AGENCY - CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: One Matter 3. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:54 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 OCTOBER 18, 2016 1 0A -2 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:55 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ANGELICA AMEZCUA P. DAVID BENAVIDES (6:10 p.m.) ROMAN A. REYNA SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: VICENTE SARMIENTO, Mayor Pro Tern MICHELE MARTINEZ STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council NATALIE OLIVAREZ, ADVANCED LEARNING ACADEMY DOUG HARDIN, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA in recognition of donating their time and service to the Santa Ana High School Band: Maria Aguayo; Josefina Aguilera; Henry Cueto; Alejandro Gonzalez; Cristina Gonzalez; Lourdes Gonzalez; Fernando Maldonado; Susan Mendez Monreal; Sabrina Gabriela Nunez; Aracely Pacheco; Audrya Romero; Maria Del Carmen Sanchez; Herminia Sosa Rosa Prado Torres; Erika Valadez; Ana Wences; Evaristo Wences; Robert White; Silvia Zapata. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the Santa Ana Unified School District's Parents of the Year and Teachers of the Year: Parents of the Year - Cecilia Bautista, Madison Elementary; Madalid De Paz, Lathrop Intermediate; and Suzanne Corrigan, Middle College High School CITY COUNCIL MINUTES 3 OCTOBER 18, 2016 1 0A -3 Teachers (Educators) of the Year - Sandra Pennett, Districtwide Elementary Teacher of the Year 2016 at Heroes Elementary; Rachel Gil, Districtwide Intermediate Teacher of the Year 2016 at Villa Fundamental Intermediate School; and Helen Seigel, Districtwide High School Teacher of the Year at 2016 Godinez Fundamental High School CLOSED SESSION REPORT- See Item 19A for any reportable actions. PUBLIC COMMENTS.- NONE CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 32A, with the following modification: • Councilmember Benavides abstained on Agenda Item 23B and 31B due to potential conflict of interest; • Excused the absence of Mayor Pro Tern Sarmiento and Councilmember Martinez from said meeting. MOTION: Tinajero SECOND: Amezcua VOTE: AYES: NOES: ABSTAIN ABSENT: MINUTES Amezcua, Benavides, Pulido, Reyna, Tinajero (5) None (0) None (0) Martinez, Sarmiento (2) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR MEETING OF OCTOBER 4, 2016 (STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 4 OCTOBER 18, 2016 1 0A -4 ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. AMEND CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING SPEED LIMITS FOR CITY STREETS {STRATEGIC PLAN NO. 5, 1) —Public Works Agency Placed on first reading at the October 4, 2016 City Council meeting and approved by a vote of 6 -0 (Tinajero absent). Published in the Orange County Reporter on October 7, 2016. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2904 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING PRIMA FACIE SPEED LIMITS 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 Public Safety and Neighborhood Improvement Committee 9/27/2016 Legislative Committee (Cancelled) 9/28/2016 Development and Transportation Committee 10/26/2016 13B. NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3 REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION FOR A PARTIAL -TERM EXPIRING DECEMBER 13, 2016 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Appoint Jennifer Barron to the Youth Commission (Ward 3 resident; replacing I. Enriquez). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office CITY COUNCIL MINUTES 5 OCTOBER 18, 2016 1 0A -5 MOTION: Approve settlement, as follow: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: AGMT NO. 2016 -294 - Jose Eduardo Arellano et al. v. City of Santa Ana, et al. Federal Case No. 8:14 -cv- 01886- JVS -RNB; Settlement in the amount of $1.65 million. 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse Mayor Pro Tern Sarmiento and Councilmember Martinez from said meeting. 19C. STRATEGIC PLAN MONTHLY REPORT FOR SEPTEMBER 2016 {STRATEGIC PLAN NO. 5, 1) — City Manager's Office MOTION: Receive and file. 19D. BUDGET SURPLUS ALLOCATION UPDATE {STRATEGIC PLAN NO. 5, 1) - City Manager's Office MOTION: Receive and file. 19E. GENERAL PLAN UPDATE — {STRATEGIC PLAN NO. 5, 1) - Planning and Building Agency MOTION: Receive and file. 19F. DOWNTOWN SANTA ANA GREAT NEIGHBORHOODS IN AMERICA DESIGNATION {STRATEGIC PLAN NO. 3, 4F) - Community Development Agency MOTION: Receive and file. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 16 -054 - CHILLER AND HEATING - VENTILATION -AIR CONDITIONING EQUIPMENT REPLACEMENT TO SEISMICALLY RETROFIT CITY COUNCIL MINUTES 6 OCTOBER 18, 2016 1 0A -6 THE GRAND CENTRAL ARTS STUDIO {STRATEGIC PLAN NO. 6, 1G, 2A} {SURPLUS ALLOCATION FUNDING} - Finance and Management Services MOTION: Amend the contract with Ontario Refrigeration Service, Inc. in the amount of $153,415 for a total amount not to exceed $588,735, subject to non - substantive changes approved by the City Manager and City Attorney. 226. SPEC. NO. 16 -104 - WATER METER VAULT REPLACEMENTS {STRATEGIC PLAN NO. 6, 21 - (Public Works Agency) - Finance and Management Services MOTION: Award contracts for a three -year period expiring October 31, 2019, with provisions for a two -year renewal option exercisable by the City Manager and City Attorney, in an annual amount not to exceed $425,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Big Ben Inc. Irvine Kana Subsurface Engineering Riverside T.E. Roberts, Inc. Orange 22C. SPEC. NO. 16 -115 - PURCHASE OF AN INSERTION VALVE SYSTEM FOR THE CITY'S WATER MAINS {STRATEGIC PLAN NO. 6, 1C) - (Public Works Agency) - Finance and Management Services MOTION: Authorize a one -time purchase and payment of purchase order to Ferguson Enterprises in the amount of $107,025, plus a contingency of $2,500 for a total amount of $109,525, subject to non - substantive changes approved by the City Manager and City Attorney. PROJECTS /CHANGE ORDERS 23A. AWARD CONTRACT FOR CONSTRUCTION OF GRANT - FUNDED SAFE ROUTES TO SCHOOL ENHANCEMENTS AT KING ELEMENTARY (PROJECT NO. 16 -6871) (STRATEGIC PLAN NO. 6, 1 B & 1 G) - Public Works Agency MOTION: 1. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $363,943, for the term beginning upon execution of the contract and ending upon project completion, for the CITY COUNCIL MINUTES 7 OCTOBER 18, 2016 1 0A -7 Safe Routes to School Enhancements for King Elementary project, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $454,238, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $36,395. 23B. AWARD CONTRACT FOR CONSTRUCTION OF GRANT- FUNDED SAFE ROUTES TO SCHOOL ENHANCEMENTS AT MONTE VISTA ELEMENTARY (PROJECT NO 16 -6873) {STRATEGIC PLAN NOS. 6, 1B & 1G} - Public Works Agency MOTION: 1. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to KDC Inc., dba Dynalectric, the lowest responsible bidder, in accordance with the base bid in the amount of $332,234 for the term beginning upon execution of the contract and ending upon project completion, for the Safe Routes to School Enhancements at Monte Vista Elementary, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $411,658, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $33,224. *Councilmember Benavides abstained from Agenda Item 23B, due to potential conflict of interest and proximtiy to his residence. 23C. AWARD CONTRACT FOR CONSTRUCTION OF GRANT- FUNDED MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II (PROJECT: 16 -6864) {STRATEGIC PLAN NOS. 6, 1 B & 1 G} - Public Works Agency MOTION: 1. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $552,950, for the term beginning upon execution of the contract and ending upon project completion, for the Maple Bicycle Trail Safety Enhancements Phase 11 project, subject to non - substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL MINUTES 8 OCTOBER 18, 2016 1 0A -8 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $691,187, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $55,295. 23D. AWARD CONTRACT FOR THE SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS (PROJECT 16 -4509) {STRATEGIC PLAN NO. 1, 51 - Public Works Agency and Police Department MOTION: 1. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to Perimeter Security Group LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $176,746.18, for the term beginning upon execution of the contract and ending upon project completion, for the Santa Ana Police Station South Entrance Security Improvements project, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $220,934, which includes the construction contract, administration, inspection, and testing, and an authorized contingency of $17,675. AGREEMENTS 25A. AGMT NO. 2016 -295 - AMENDMENT TO SUBRECIPIENT AGREEMENT FOR RAPID REHOUSING PROGRAM {STRATEGIC PLAN NO. 5, 61 - Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the Emergency Solutions Grant Subrecipient Agreement with the Illumination Foundation to increase the agreement amount by $45,510.55 to fund the salary of a new Housing Navigator to assist Civic Center homeless individuals and families in a total amount not to exceed $150,510.55 for the period of October 19, 2016 through June 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 25B. PROPERTY TAX AND HOTEL VISITORS' TAX COMPLIANCE, AUDITING AND CONSULTING SERVICES {STRATEGIC PLAN NO. 4,2A) - Finance and Management Services CITY COUNCIL MINUTES 9 OCTOBER 18, 2016 1 0A -9 MOTION: 1. AGMT NO. 2016 -296 - Authorize the City Manager and Clerk of the Council to execute an agreement with HdL Coren & Cone ( "HdLCC ") for Secured and Unsecured Property Tax Revenue auditing services for an initial two -year term beginning January 1, 2017 through December 31, 2018, for an amount not to exceed $28,250 annually, with a provision for one one -year extension exercisable by the City Manager and the City Attorney, in an amount not to exceed $28,250 subject to non - substantive changes approved by the City Manager and the City Attorney. 2. AGMT NO. 2016 -297 - Authorize the City Manager and Clerk of the Council to execute an agreement with HdL Software LLC ( "HdL ") for Hotel Visitors' Tax Revenue Auditing services for an initial two -year term beginning January 1, 2017 through December 31, 2018, for an amount not to exceed $73,500 annually, with a provision for one one - year extension exercisable by the City Manager and the City Attorney, in an amount not to exceed $73,500 subject to non - substantive changes approved by the City Manager and the City Attorney. 25C. AGMT NO. 2016 -298 - EXTERIOR AND INTERIOR PAINTING OF CORBIN CENTER AND SOUTHWEST SENIOR CENTER (SURPLUS FUND ALLOCATION) {STRATEGIC PLAN NO. 6, 1 G, 2A) - Finance and Management Services MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Dulux Painting, Inc, for the term beginning October 18, 2016 through December 31, 2016 in an amount not to exceed $82,000 inclusive of a $10,000 contingency, subject to non - substantive changes approved by the City Manager and City Attorney. 25D. PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT NO. 13 -6792 NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute purchase agreements for the real property acquisitions listed below, partial acquisition and temporary construction easement, and goodwill, if any, with the following property owners, subject to non - substantive changes approved by the City Manager and City Attorney: 1. AGMT NO. 2016 -299 — With 829 N. Bristol Trust, Lan Le as Trustee for the property located at 829 North Bristol Street (APN 405 - 262 -22), for a full acquisition, in an amount of $490,000; CITY COUNCIL MINUTES 10 OCTOBER 18, 2016 1 0A -10 2. AGMT NO. 2016 -300 — With Robert Daniel Walker, for the property located at 1306 West 11th Street (APN 004 - 111 -18), for a partial acquisition, in an amount of $20,700; and 3. AGMT NO. 2016 -301 — With Marshall - Kelley, LLC, for the property located at 1220 N. Bristol Street (APN 004 - 113 -35)), for a full acquisition, in an amount of $640,000. 25E. AGMT NO. 2016 -302 - PURCHASE AGREEMENT FOR REAL PROPERTY ACQUISITION FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 11 -6741 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement for the purchase price of the partial real property acquisition, a temporary construction easement, and goodwill (if any) with property owner Benjamin Lopez, Jr. for the property located at 1306 West Carlton place (APN 408 - 333 -02) in an amount of $11,100, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. AGMT NO. 2016 -303 - EXECUTION OF REVISED ADMINISTERING AGENCY - STATE MASTER AGREEMENT NO. 12- 5063F15 TO SECURE FEDERAL -AID GRANT FUNDS (STRATEGIC PLAN NO. 6, 1 G)- Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a revised Administering Agency -State Master Agreement No. 12- 5063F15 for Federal -Aid Projects with the State of California Department of Transportation, subject to non - substantive changes approved by the City Manager and City Attorney. MISCELLANEOUS - BUDGET 29A. DONATION AGREEMENT TO SUPPORT THE 7TH OC FILM FIESTA (STRATEGIC PLAN NO. 5, 41 - Councilmember Reyna MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Community Partners for a one -time donation amount of $1,500, subject to non - substantive changes approved by the City Manager and the City Attorney. 29B. DONATION AGREEMENT TO SUPPORT THE 7TH OC FILM FIESTA (STRATEGIC PLAN NO. 5, 4) - Councilmember Amezcua CITY COUNCIL MINUTES 11 OCTOBER 18, 2016 1 0A -11 MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Community Partners for a one -time donation amount of $1,500, subject to non - substantive changes approved by the City Manager and the City Attorney. 29C. DONATION TO SUPPORT JACK FISHER PARK NEIGHBORHOOD ASSOCIATION'S 2017 SUMMER KICK -OFF EVENT {STRATEGIC PLAN NO. 5, 4} - Councilwoman Martinez MOTION: Approve a donation request from Jack Fisher Park Neighborhood Association for a one -time donation in the amount of $1,000. LAND USE MATTERS CONDITIONAL USE PERMITNARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2016 -12 TO ALLOW THE 24 -HOUR OPERATION OF 7- ELEVEN MARKET AT 2626 NORTH BRISTOL STREET, UNIT B — RALPH DEPPISCH, APPLICANT (STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on September 26, 2016, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -12 as conditioned. 31 B. CONDITIONAL USE PERMIT NO. 2016 -35 TO ALLOW THE EXPANSION OF THE KIDWORKS CHILD CARE FACILITY AT 1910 WEST CHESTNUT AVENUE — RALPH HASTINGS, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency Planning Commission approved recommended action on September 26, 2016, by a vote of 5 -0 (Bacerra abstained, Bauer absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -35 as conditioned. *Councilmember Benavides abstained from Agenda Item 23B, due to conflict of interest and employment with Kidworks. CITY COUNCIL MINUTES 12 OCTOBER 18, 2016 1 0A -12 31 C. REGIONAL PLANNED SIGN PROGRAM NO. 2016 -02 FOR THE HUTTON CENTRE MIXED -USE DEVELOPMENT — JEFF SHERMAN, APPLICANT {STRATEGIC PLAN NO. 3,2) - Planning and Building Agency Planning Commission approved recommended action on September 26, 2016, by a vote of 7 -0. MOTION: Receive and file the staff report approving Regional Planned Sign Program No. 2016 -02 as conditioned. TENTATIVE PARCEL /TRACT MAPS 32A. TENTATIVE PARCEL MAP NO. 2016 -02 (COUNTY MAP NO. 2016 -103) TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AT 2720 -2740 SOUTH BRISTOL STREET - ALTAMED HEALTH SERVICES, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5) - Planning and Building Agency MOTION: Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2016 -02 (County Map No. 2016 -103) as conditioned. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. EXTENSION OF CONDITIONAL USE PERMIT NO. 2013 -19 FOR A TYPE 41 ABC LICENSE FOR THE DOWNTOWN 414 RESTAURANT TO BE LOCATED AT 414 WEST FOURTH STREET {STRATEGIC PLAN NO. 3, 2, 4) - Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2016 -081 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2013 -19 FOR A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR AN ADDITIONAL ONE YEAR FOR THE PROPERTY LOCATED AT 414 WEST FOURTH STREET MOTION: Tinajero SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) CITY COUNCIL MINUTES 13 OCTOBER 18, 2016 1 0A -13 NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) COMMENTS PUBLIC COMMENTS • Angie Blas, commented Strategic Plan's goal on community engagement - suggested better notification system to residents regarding public hearings and other legal notices of interest to the residents. • Rhonda Greene, spoke in favor of Centennial Education Center. • Albert Castillo, spoke of undermining and deceptive tactics by some political action committees. 90A. CITY MANAGER'S COMMENTS • Invited all to attend the upcoming Downtown Neighborhood Celebration for receiving the prestigious "Great Neighborhood" award by the American Planning Association that will take place on October 20tH 90B. CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Invited all to attend the School Fair on Saturday, October 22nd from 10 to 2:30 p.m. in Downtown Santa Ana; event will highlight student's achievements. Councilmember Amezcua: • Echoed comments by Councilmember Tinajero; and • Wished all a happy and safe Halloween Councilmember Reyna: • Urged all to continue to be water wise; • Thanked Guarantee Chevrolet for sponsoring pancake breakfast event; -- • Encourage all to attend School Fair event sponsored by Sana Ana Unified School District event on Saturday; • Asked all to read information and participate in the election process; vote on November 8th; and • Asked all to shop Santa Ana. CITY COUNCIL MINUTES 14 OCTOBER 18, 2016 1 OA -14 Councilmember Benavides: • Noted that City of Santa Ana has one of top 5 neighborhoods in the Country; will hold celebration on Thursday; • City has many achievements to highlight including award winning institutions both charter and public schools; • Encouraged staff to review area and allow adequate space for Centennial Education Center; • All to support local jobs and shop in Santa Ana; and • Request consideration to close meeting in memory of Steve McGuigan. Mayor Pulido: • Highlighted life and community service of Steve McGuigan and adjourned meeting in his memory. ADJOURNED - 6:33 p.m. - The next regular meeting scheduled for November 1, 2016 has been cancelled. The next meeting of the City Council will be held on Tuesday, November 15, 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. Adjourn Meeting in Memory of Steve McGuigan Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Drone Regulations CITY COUNCIL MINUTES 15 OCTOBER 18, 2016 1 0A -15 1 0A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT — INTENT TO LEVY ASSESSMENT FOR 2017 {STRATEGIC PLAN NO. 3, 4F} CITY MANgkR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :-•c• 70 ❑ As Recommended L7 As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve the 2017 Assessment Report for the Downtown Santa Ana Business Improvement District (BID), which is administered by two organizations —the Santa Ana Business. Council and Downtown Incorporated. 2. Adopt a resolution of intention to levy an annual business license tax assessment for the 2017 calendar year and establish a time and place for a public hearing to be held by the City Council on December 20, 2016 to hear and consider all protests. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its meeting on October 26, 2016, by a vote 4:0 (Aguinaga and Leon abstained) the Community Redevelopment and Housing Commission approved the following: 1. Recommend that City Council approve the 2017 Assessment Report for the Downtown Santa Ana Business Improvement District (BID), which is administered by two organizations —the Santa Ana Business Council and Downtown Incorporated. 2. Recommend that City Council direct the Deputy City Manager to file the 2017 Business Improvement District Assessment Report with the Clerk of the Council for City Council approval or modification. DISCUSSION The 2017 Assessment Report contains the basis and method of levying the assessment, estimated activities and budgets from the two business associations —the Santa Ana Business Council and Downtown Inc., and a map of the BID boundaries (Exhibit 1). The Assessment Report presented for consideration and recommended for approval has been reviewed by the 12A -1 Downtown Santa Ana Business Improvement District Intent to Levy Assessment for 2017 November 15, 2016 Page 2 City Attorney' s Office and determined to meet state law requirements. After approval of the report, the next course of action is to conduct a public hearing scheduled for December 20, 2016. Terms The City Council activated the current BID on July 1, 2013. To administer the activities of the BID, the City executed operating agreements with Downtown Inc. and the Santa Ana Business Council. These agreements contain provisions to ensure proper administration and distribution of funds; provisions are included for items such as the annual budget, financial record keeping, fund distribution, and board composition and meeting requirements. The Agreements are renewed automatically in one year renewal terms, unless either party gives at least two months' notice of termination, or if the BID is not approved in any given year. Each organization receives approximately $100,000 (collected from the business license tax fee) per calendar year (January through December) and may carry over unspent funds into the next year. Downtown Inc. will not carry over funds from 2016 into 2017. The Santa Ana Business Council will carry over a reserve of approximately $50,000 into 2017. If the BID is successfully renewed, each organization will receive an additional allocation of approximately $100,000 in 2017 (Exhibit 2). BID Background On February 6, 1984, the City Council adopted Ordinance No. NS -1715 pursuant to state law, creating a Business Improvement District (BID) in Downtown Santa Ana. The BID was established as a means of providing the Downtown business community with the funding to promote events and create promotional materials, increase the security presence, enhance maintenance of the downtown shopping corridors, and implement streetscape improvements to the area. The BID is funded through an additional charge on the business license tax for those businesses within the BID boundary. In 2008, the City Council approved the establishment of the Downtown Santa Ana Community Management District (commonly referred to as the PBID) and put the BID in suspension. The PBID resulted in a levy on property owners rather than businesses. On February 4, 2013, the City Council adopted Ordinance No. NS -2842 repealing Article XX of Chapter 13 of the Santa Ana Municipal Code disestablishing the Downtown Community Management District. With the disestablishment of the PBID, several downtown merchants and property owners expressed an interest in reactivating the BID to receive funding to promote the safety, maintenance, and overall economic stability of the Downtown. The City Council activated the current BID on July 1, 2013 and approved the operating agreements for the two associations administering the BID on September 17, 2013. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3 Economic Development, Objective 4 (Continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy F (Partner with downtown business 12A -2 Downtown Santa Ana Business Improvement District Intent to Levy Assessment for 2017 November 15, 2016 Page 3 and merchant associations to program events that showcase restaurants, shopping and entertainment venues). FISCAL IMPACT There is no direct fiscal impact associated with this action. The City collects the BID revenue from businesses within the BID boundary and distributes funding to each organization, in accordance with approved operating agreements. Robert C. Cortez Deputy City Manager — City Manager's Office Exhibits: 1. 2017 Assessment Report 2. Resolution 12A -3 12A -4 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2017 ASSESSMENT REPORT Backaround On February 6, 1984, the City Council adopted Ordinance No. NS -1715 pursuant to Section 36500, at seq., of the 1979 State of California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC is responsible for making recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments (including the annual budget). The BID was established as a means of providing the Downtown business community with the funding to promote the Downtown through events and advertising pieces; funding to increase security and enhance the overall aesthetics of the area; and also to maintain the downtown shopping corridors. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 600 retail, service, and professional members (see Attachment A). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and /or sales volumes of the business (see Attachment B). 2017 Budaet Plan Based on the feedback from the two Associations, Downtown Inc. and the Santa Ana Business Council, the 2017 BID Budget focuses on the continuation of promotions and marketing of the BID. Some of the promotion and marketing will be focused on Downtown events and advertising pieces, which are all designed to enhance the overall aesthetics of the area and also to maintain the downtown shopping corridors. Detailed breakdowns of the two groups' budgets are attached (Attachment C). The assessments from the 2017 BID are estimated at $200,000 to be split evenly by Downtown Inc. and the Santa Ana Business Council —the two business groups that have spearheaded this BID process. Any remaining funds from the previous year will be incorporated into a reserve fund for the groups' 2017 budgets. Downtown, Inc. will not carry over funds into 2017. The Santa Ana Business Council will carry over approximately $50,000 into 2017. This reserve funding may be used for additional events and promotions throughout the year. EXHIBIT 1 12A -5 In 2017, the two representative business associations are proposing to host and /or sponsor a variety of community events and promotions, including: Art Walk (12x) Patchwork Savor Santa Ana Weekly live music on Calle Cuatro Weekend matinees Sidewalk Sales Flashmob Contests Other programming for the associations will include ongoing social media marketing, funding for the Downtown Restaurant Association, holiday promotions, website development and maintenance, and ongoing support for small businesses. 12A -6 iv w LA LA 3 Y rD 3 ID r+ r C v ATTACHMENT A BUSINESS IMPROVEMENT DISTRICT BOUNDARY FLOWER ST. a 3 r a y z -> -, BIRCH ST. IY IS ST. n FA 9 Fl—] y❑ ❑ �� SYCAMORE 5T. SYCAMORE 5T. F I-El MAIN Sl'. F-1 [-� 1:1 BUSH ST. F-1 El El [:] El El SPURGEON ❑❑ -ago FRENCH 5T, 0 12A -7 ATTACHMENT B 2017 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District (BID), classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one -half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one - quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses within the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. 12A -8 ATTACHMENT C DOWNTOWN BUSINESS IMPROVEMENT DISTRICT PROPOSED BUDGETS SUMMARY 2017 OPERATING FUND REVENUE 2017 BID Assessments — Projected $200,000 Prior Year Carry Forward (Estimated) $50,000 Total Revenue $250,000 EXPENDITURES Downtown Inc. (DTD PERSONNEL Lead Consultant $36,000 Administration $9,000 Event Planning $4,000 Social Media $4,000 Professional Services $5,000 Personnel Total $58,000 COORDINATION & CAPACITY DEVELOPMENT Trainings /Education $1,000 Memberships /Affiliations $1,500 Meetings /Communication $2,500 Coordination & Capacity Development Total $5,000 4 /_1NrNAII0116 Advertising /Promos $10,000 Programming $8,000 Stakeholder Partnerships $8,000 Artists /Performers $4,000 Marketing Total $30,000 OFFICE /BUSINESS EXPENSES Web/Tech $1,500 Office supplies /Expenses $1,500 Insurance /Permits /Fees $4,000 Office /Business Expenses Total $7,000 DTI — TOTAL EXPENDITURES (2017) 1100,000 12A -9 Santa Ana Business Council (SABC) ADMINISTRATION General Labor Office Supplies Administration Total PROFESSIONAL SERVICES Insurance PR /Consulting Accounting Seminars/Training Professional Services Total MARKETING Communications //Web /Social Media Flyers /Advertising /Printing Web hosting /Social Media Fees Sponsorships Economic /Education Development Marketing Total BID PROMOTIONS /LIVE ACTIVATION Music /Entertainment (weekly) Contract Services (weekly) Contests Collaborative Events /Sponsorships BID Promotions /Live Activations Total SABC — TOTAL EXPENDITURES (2017) TOTAL BID EXPENDITURES (2017) $2,000 $2,000 $3,000 $26,000 $3,000 $1,000 $18,100 $10,500 $400 $3,000 $7,000 $52,000 $13,000 $3,000 $6,000 12A -10 $4,000 $33,000 $39,000 $74,000 $150,000 $250A0 ROH — 11/15/16 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR THE YEAR 2017 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. By Ordinance No. NS -1715, adopted February 6, 1984, the City Council of the City of Santa Ana established the Downtown Santa Ana Business Improvement Area pursuant to sections 36500 et seq, of the California Streets and Highways Code; and B. As provided in Ordinance No. NS -1715, the City Council is authorized to levy an assessment in the following amounts for the improvements and activities of the Downtown Santa Ana Business Improvement Area: (a) For amusement services, pawnbrokers, service stations, retail sales of goods, hotels, motels, theaters, food establishments: an assessment in an amount equal to one and one -half (1.5) the annual business license fee. (b) For commercial and residential rental property: an assessment in an amount equal to one - fourth (0.25) the annual business license fee. (c) For all other businesses: an assessment in an amount equal to the annual business fee. Section 2. The improvements and activities for which the assessment revenues may be used in the Downtown Santa Ana Business Improvement District pursuant to Ordinance No. NS -1715 are as follows: (a) Decoration of any public place, (b) Promotion of public events. Resolution No. 2016 -XXX Page 1 of 3 EXHIBIT 2 12A -11 (c) Furnishing of music in any public place. (d) The general promotion of business activities. Section 3. The Downtown Santa Ana Business Improvement District is located as shown on Attachment A, attached hereto and incorporated herein. Section 4. An assessment report is on file with the Clerk of the Council to which reference may be made for a full and detailed description of the improvements and activities to be provided for the year 2017, the boundaries of the area, and the proposed assessments to be levied upon the businesses within the area for the year 2017. Section 5. A public hearing shall be held by the City Council at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California at its regular meeting of December 20, 2016, at 5;45 p.m., or as soon thereafter as the matter may be heard, for the purpose of determining whether to impose the above said assessment for the year 2017 for the improvements and activities described in the report. Section 6. At the public hearing, written and oral protests may be made in accordance with sections 36524 and 36525 of the California Streets and Highways Code. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the Clerk of the Council at or before the time fixed for the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. Section 7, This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No, 2016 -XXX Page 2 of 3 12A -12 ADOPTED this day of 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia f�,,.Carvajho, City Attorney IS Assi�bnt Cigy Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 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 12A -13 Resolution No, 2016 -XXX Page 3 of 3 12A -14 ATTACHMENT A BUSINESS IMPROVEMENT DISTRICT BOUNDARY FLOWER ST. /Ln > ❑ �." y a IIII— JIII " z4 o rD Ln (i ROSS ST. F 3 n +� L BIRChI sr. O BIRCH ST. E rD ro IIII�"'�I�II � L�li? BROAD WAY ® F—I � El V1 SYCAMORE 5T. YCA ACRES [::;L ❑ "❑ MAIN ST. BUSH 5T. CYPf�EYS ❑ ❑ El El W d O 4PURGEON S 5T. n _ on OPANtiF. 2 FRENCH ST. w� 0 h MORTIMEfl ST 12A -15 12A -16 CITY OF SANTA ANA PARKS, RECREATION! EDUCATION AND YOUTH COMMITTEE (PREY) CANCELLATION NOTICE The regular meeting of the Parks, Recreation and Youth Committee scheduled for October 24, 2016 at 5:30 p.m. has been cancelled. The next regularly scheduled meeting will be held on January 3, 2017 at 5:30 p.m. City Hall Ross Annex Room 1600 20 Civic Center Plaza Santa Ana, California 13A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR OCTOBER 2016 {STRATEGIC PLAN NO. 5, 1} / 4L CITY MAIAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ®t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for October 2016. DISCUSSION The October 2016 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: httK)://www.santa-ana.ora/strateciic-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 R"91110 CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JULY 2016 — SEPTEMBER 2016 (STRATEGIC PLAN NO. 5,3) / r J CITY MANAGG CLERK OF COUNCIL USE ONLY: APPROVED © As Recommended El As Amended © Ordinance on 16' Reading El Ordinance on 2nd Reading [3 Implementing Resolution ® Set Public Hearing For® CONTINUED TO FILE NUMBER Receive and file the quarterly report for Housing Division Projects and Activities July 2016 - September 2016. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on October 26, 2016, by a vote of 6:0, the Community Redevelopment and Housing Commission approved the recommended action. DISCUSSION This report for the quarter ending on September 30, 2016 provides statistics for all of the affordable housing projects and activities for our Housing Division. The report is divided into three sections: Loan Activity, Loan Portfolio Management and Monitoring, and Development Projects. Loan Activity Applications The Housing Division offers several different programs including down payment assistance for first -time homebuyers and rehabilitation loans for mobile homes, single - family, multi - family, and historic homes. Inquiries are received from the public and applications are mailed out, received and approved for these programs on a continual basis. During this quarter, there was one Loan Subordination request. Table 1 shows the number of inquiries, applications sent out, received and approved by type for the quarter and the total fiscal year. 1901-1 Quarterly Report for Housing Division November 15, 2016 Page 2 Table 1: Applications Sent Out, Received & Approved Rehabilitation Loan Underwriting and Approval Progress For our rehabilitation loans, staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to ensure compliance with program guidelines and requirements established by the funding source. In addition, staff conducts an inspection of the property, prepares a work write -up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be in underwriting for several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for loan execution, and reserves the required loan funds. During this quarter, one mobile home rehabilitation loan was funded. Rehabilitation Program Construction Progress During this phase, homeowners receiving rehabilitation loans are guided through an open selection of contractors to complete the work on their homes. Each homeowner is given a list of contractors that have been screened by staff for license and insurance requirements. However, homeowners are allowed to select any contractor that meets these same requirements. Staff assists the homeowners in the selection of a contractor, monitors the construction work, approves payments to contractors, and tracks expenditures to ensure they do not exceed available funds. At the end of this quarter, there were three homeowner rehabilitation projects out to bid and six under construction. Downpayment Assistance Program Progress For our downpayment assistance program, staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by the U.S Department of Housing and Urban Development (HUD). Applicants must meet established income requirements, complete an eight -hour pre - purchase counseling program from a HUD - approved agency, be pre - qualified for a first mortgage and have a minimum of three percent of the purchase price from their own savings. Other HUD requirements apply, including a current maximum sales price of $480,000 for a single family home or condo or $480,000 for a newly constructed condo or home. The updated maximum sales price became effective on May 2, 2016. Additionally, the property needs to be in good condition and pass an inspection. 19D-2 Inquiries Applications Applications Applications Program Sent Out Received oved Q1 Total Q1 Total Q1 Total —Appr Q1 Total FY FY FY FY Single-Family Rehabilitation 15 15 15 15 1 1 0 0 Mobile Home Rehabilitation 12 12 12 12 1 1 1 1 Multi-Family Rehabilitation 4 4 1 1 0 0 0 0 Historic Home Restoration 0 0 0 0 0 0 0 0 Homeownership 30 30 30 30 2 2 0 0 Rehabilitation Loan Underwriting and Approval Progress For our rehabilitation loans, staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to ensure compliance with program guidelines and requirements established by the funding source. In addition, staff conducts an inspection of the property, prepares a work write -up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be in underwriting for several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for loan execution, and reserves the required loan funds. During this quarter, one mobile home rehabilitation loan was funded. Rehabilitation Program Construction Progress During this phase, homeowners receiving rehabilitation loans are guided through an open selection of contractors to complete the work on their homes. Each homeowner is given a list of contractors that have been screened by staff for license and insurance requirements. However, homeowners are allowed to select any contractor that meets these same requirements. Staff assists the homeowners in the selection of a contractor, monitors the construction work, approves payments to contractors, and tracks expenditures to ensure they do not exceed available funds. At the end of this quarter, there were three homeowner rehabilitation projects out to bid and six under construction. Downpayment Assistance Program Progress For our downpayment assistance program, staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by the U.S Department of Housing and Urban Development (HUD). Applicants must meet established income requirements, complete an eight -hour pre - purchase counseling program from a HUD - approved agency, be pre - qualified for a first mortgage and have a minimum of three percent of the purchase price from their own savings. Other HUD requirements apply, including a current maximum sales price of $480,000 for a single family home or condo or $480,000 for a newly constructed condo or home. The updated maximum sales price became effective on May 2, 2016. Additionally, the property needs to be in good condition and pass an inspection. 19D-2 Quarterly Report for Housing Division November 15, 2016 Page 3 During this quarter, staff conducted one down payment assistance workshop. A total of 38 people attended the workshop. In addition, one buyer was approved for an Inclusionary Housing Unit purchase at Magnolia Lane. Loan Portfolio Management & Monitoring The Housing Division is responsible for managing the residential loan portfolio. As of the end of this quarter, the principal balance was $113,201,066. This is comprised of 429 loans of which 400 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $202,081 in payments of principal and interest during the quarter. Table 2: Portfolio Revenue Source 1st Quarter Total FY Loan Payoffs $31,384 $31,384 Residual Receipts Payments $140,310 $140,310 Amortized Loan Payments $30,387 $30,387 Total $202,081 $202,081 Monitoring As part of the requirements for these funds, staff must monitor the owner - occupancy for single family homes that have received loans, and the code compliance of units in rental projects with long -term affordability covenants. During this quarter, 94 owner - occupancy recertification letters were mailed; 80 were returned and processed. Staff also audited files for 9 units in 9 projects, and conducted code compliance inspections for 26 units in 6 projects. Regulations require that only a sample of units be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to ensure they also meet municipal code requirements. The grounds, common areas and almost all of the inspected units were found to be in compliance at the time of initial inspection. One of the units was lacking a carbon monoxide detector which was immediately repaired and passed inspection. Development Projects NSP 1, 2 and 3 Programs The City's intermediaries, ANR Industries, Orange Housing Development Corporation, and C &C Development, continue to look for eligible properties. Multi- Family Acquisition/ Rehabilitation Projects The rehabilitation of 940 S. Minnie Street was completed during the previous fiscal year and is fully occupied. The City will process its final payment and closeout the project during the next quarter. 19D-3 Quarterly Report for Housing Division November 15, 2016 Page 4 Habitat for Humanity of Orange County Habitat for Humanity of Orange County continues the construction of five homes located at 4010 - 4026 E. McFadden Street. Once completed, the homes will be sold to qualified low- and moderate - income homebuyers. Depot at Santiago (New 70 -Unit Affordable Rental Housing Development) Construction commenced in April 2016 and the retaining walls and podium columns are about 50% complete. The entire project is expected to be completed in July 2017. Andalucia Apartments (New 70 -Unit Affordable Rental Housing Development) Rough framing, mechanical, electrical and plumbing systems are complete. Exterior finishes are about 80% complete. Interior finishes are about 50% complete. The entire project is expected to be completed in January 2017. Santa Ana Arts Collective (Adaptive Reuse for 57 Units of Affordable Rental Housing) The Developer, Meta Housing Corporation, was awarded funds through a Request for Proposal (RFP) process to acquire and develop 57 affordable rental housing units with a preference for applicants who are artists and working artist families within Santa Ana. The Developer has completed the entitlement process. The Developer was invited to submit a proposal for Affordable Housing and Sustainable Communities Program grant funds (Cap & Trade) provided by the California Strategic Growth Council. Their proposal was submitted in June 2016 and on October 11th the California Strategic Growth Council awarded $12,028,626 in funding to the Santa Ana Arts Collective and the City of Santa Ana Public Works Agency. The project was one of 25 projects awarded out of a total pool of 85 applications, and the only project awarded in Orange County. Out of two rounds of funding for this State program, this is the 2 °d award received for a project in the City of Santa Ana. Guest House (Rehabilitation of 71 Units of Affordable Rental Housing) The Developer, Community Development Partners and Mercy House, was awarded HOME funds through a Request for Proposal (RFP) process to acquire and rehabilitate a former motel on First Street into 71 units of permanent supportive housing for homeless individuals. The Developer was successful in obtaining tax credits and affordable housing bonds, and is anticipated to close and start construction during this quarter. First Street Apartments (New 69 -Unit Affordable Rental Housing Development) On April 19, 2016, City Council approved an award of inclusionary housing in -lieu fees to the Developer, AMCAL Multi- Housing LLC, for the First Street Apartments project and approved a conditional loan commitment letter of $8,795,000 that will be contingent on the City's actual receipt of in -lieu fee payments of $9,695,725.60, or a portion thereof, or a cash equivalent to the in -lieu fee payments from the Heritage Village OC, LLC. 19D-4 Quarterly Report for Housing Division November 15, 2016 Page 5 STRATEGIC PLAN ALIGNMENT The activities covered by this report allow the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. i Robert C. ei� z Deputy City Manager-` City Manager's Office 19D -5 19D-6 CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended QUARTERLY REPORT OF CONTRACTS ❑ As Amended VALUED AT $25,000 OR LESS ENTERED ❑ Ordinance on nRead g 2 ❑ Ordinance on aReading INTO BY THE CITY MANAGER AS ❑ Implementing Resolution PERMITTED BY CHARTER SECTION 421 ❑ Set Public Hearing For (STRATEGIC PLAN NO. 4, 1) .`. CONTINUED TO —ate FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the Quarterly Report of Contracts entered into between July 1, 2016 to September 30, 2016 valued at $25,000 and less. DISCUSSION On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit 1 is a listing of all purchase orders and agreements entered into between July 1, 2016 to September 30, 2016, valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by City Council. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #4 — City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit: 1. 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N M Lr rl V I� rl '-I M N e-I N N d LL d d d d d d d LL LL d LL d LL LL LL LL V � N ti 01 N N M V1 l0 I� W Ol N (p lD M C U1 I� m .-1 lD I� n n n n n n n CO rl ci m m m m 00 Ql 01 01 01 O1 01 01 01 01 01 01 N N 01 01 01 01 01 O1 rl N N c-I N N N N N N N i-1 N H rl N N N rl N N N N N N N Z Z N N N N N N 0 0 0 0 0 0 0 0 0 0 Q a a m 0 m m m Q F Z V z m J W F- J Q z a= d U Z V O iJ V U m ? vF+ Z d z LL Z O O ¢ U Z cn a Z) Z z u O Z) 0 w w❑ �^ V I- LL Oz F� m 0 O C7 C) U j j 021 a U, ❑ a 3' O S Z S w' Z S J U, U O N S Z O O ~ O a w= 021 Q J C7 G} JO 3 H Z O Z w N C S O �^ f" <d J U Q i J Z m ❑- Vl m J S w ❑ V V Q O] 00 d LL Q ON ❑ m O\i O O O O O O ti N N N N t\O r W W W W N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 tD h o0 O� O rl N M a' N m r m O1 O N N M N N N N N N N N N N N N N N N N N N 19E -9 Lr Mr_ W X w 19E -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2016 (STRATEGIC PLAN NO. 4, 1D) �/� ;! (f RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _'•:• 51 ❑ As Recommended ❑ As Amended ❑ Ordinance on 14' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO a14:8 4UIPi1- 11:11V Receive and file Quarterly Report of Investments as of September 30, 2016, DISCUSSION Since fiscal year 2013 -14 the Finance Management Services Agency Treasury division (Treasury Division) has evaluated the process in managing the City's Cash Flow and related Investment Strategy. As a result of the evaluation, Treasury Division established an Investment Committee (Committee) comprised of individuals from Finance Management, Budget and Accounting. The Committee, which meets on a monthly basis, has implemented changes in the investment strategy based on a review of market conditions; analysis of the portfolio; and the Cash Flow needs of the City. As a result of implementing recommendations from the Committee, the Treasury Division management of the portfolio has resulted in an increase for both its Portfolio earnings and rate of return. Below is a three year analysis on the Investment Portfolio earnings and the corresponding portfolio rate of return (see below) for the period fiscal year 2013 -14 through fiscal year 2015 -16. 19F -1 Quarterly Report of Investments November 15, 2016 Page 2 The illustration depicts the City's Investment Portfolio earnings for fiscal year 2015 -16 have increased 133% or approximately $1.9 million since fiscal year 2013 -14. The increase is largely attributable to recommendations discussed at Committee meetings specifically a change in investment strategy and implementation of process improvements. The following graph represents three year comparison of annual effective rate of return. In addition, the 124% increase in the rate of return from fiscal year 2013 -14 to 2015 -16 reflects the Treasury Division prudent management of the portfolio by implementing an investment strategy of balancing duration and interest rate risk without increasing loss of principal. In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. Specifically AB 2853 and Government Code Section 53646 makes it permissible and not mandatory that a quarterly report be submitted within 30 days following the end of the quarter covered by the report. The legislation specifies that this quarterly report contain the seven major elements listed below: 1. Type of investments, 2. Date of maturity, 3. Par and dollar amounts invested in each security, 4. Weighted average maturity of the investments, 5. Market value as of the date of the report, 6. Source of the market value information, and 7. Any funds, investments or programs, including loans, under the management of contracted parties. The attached Treasurer's Report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City as of September 30, 2016. 19F -2 Investment PartfbLiao Rate of Return a.oao E o.Boo o.asca°� `s 0.60OV - - -- 0.203,0% _— ______ — ___ - -_ _— __.. _. 0..0I09e. FY 1.3 -14 FY 14 -15 FY 15- .16 .. In addition, the 124% increase in the rate of return from fiscal year 2013 -14 to 2015 -16 reflects the Treasury Division prudent management of the portfolio by implementing an investment strategy of balancing duration and interest rate risk without increasing loss of principal. In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. Specifically AB 2853 and Government Code Section 53646 makes it permissible and not mandatory that a quarterly report be submitted within 30 days following the end of the quarter covered by the report. The legislation specifies that this quarterly report contain the seven major elements listed below: 1. Type of investments, 2. Date of maturity, 3. Par and dollar amounts invested in each security, 4. Weighted average maturity of the investments, 5. Market value as of the date of the report, 6. Source of the market value information, and 7. Any funds, investments or programs, including loans, under the management of contracted parties. The attached Treasurer's Report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City as of September 30, 2016. 19F -2 Quarterly Report of Investments November 15, 2016 Page 3 The following table represents percentage policy limits set by the City's Investment Policy and State Law and respective types, amounts and percentages, as of September 30, 2016. T ype of Investment in $ in % COSA Policy Limits State Law Limits Certificate of Deposit (CD) $9,893,622.95 3.31% 30% 30% Federal Farm Credit Bank (FFCB) $59,492,550.00 19.90% None None Federal Home Loan Bank (FHLB) $59,188,033.00 19.80% None None Federal Home Loan Mortgage Corp. (FHLMC) $45,442,775.00 15.20% None None Federal National Mortgage Association (FNMA) $63,640,920.00 21.29% None None Local Agency Investment Fund (LAIF) $61,251,776.52 20.49% None None Sub -Total $298,909,677.47 100.00% None None Cash $22,845,998.72 Total $321,755,676.19 Restricted Cash in $ Restricted Cash $15,419,309.24 Total $15,419,309.24 t Restricted cash is held by Trustee, Bank of New York Mellon and is segregated from cash used for daily operations. The following graph represents percentages within the respective investment types, as of September 30, 2016. City of Santa Ana Investment Portfolio Asset Allocation September 30, 2016 FNM 21.29 Lt.] is.2b% a Certificate of Deposit (Co) ■ Federal Farm Credit Bank (FFCB) a Federal Home Loan Bank (PHLB) n Federal Home loan Mortgage Corp. (FHLMC) ■ Federal National Mortgage Association (FNMA) ■ Local Agency Investment Fund (LAIF) 19F -3 Quarterly Report of Investments November 15, 2016 Page 4 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment), Strategy D (Develop a fiscal health analysis tool that informs a department of its financial position in order to assist in its decision making process). FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency SV /rp Exhibit: 1. Treasurer's Report 19F -4 c E da)EN C C E M N g 0 a o c o - E .q.; U p 0. 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N N N I/1 Vl N � o $ m 8 J J J o J J X X O N 4A Vl N X K X X N m EXHIBIT 1 19F -11 %W 2 QE xA d� z� sx U 3 �q k i a N K F � b m E � H a W Y N N � Yi c a 0 v F r m ai v a N � V V� i i �1g C E � a U g 0 S rc UN Q 0 a s� H H a b 4 a a H a H S, S b u � e c' 8' N a LL 9 3 I c � °w a E a. a ma E X EX n I a v II 6 F Milo -Us 19F -12 �y Qr'n a oa" a x a a i a a H a H S, S b u � e c' 8' N a LL 9 3 I c � °w a E a. a ma E X EX n I a v II 6 F Milo -Us 19F -12 �y Qr'n a oa" a x a a REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE NOVEMBER 15, 2016 TITLE: PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR OCTOBER 2016 {STRATEGIC PLAN NO. 5, 11 CITY MAIWAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ® As Amended ❑ Ordinance on 1" Reeding ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing Forr CONTINUED TO FILE NUMBER The October 2016 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. ( A ).O== FredlAousavipour Executive Director Public Works Agency F9 MA Exhibit: 1. 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I Goss tR a i : aQN &eN M�ssNasaNxN ssa�a� - - -17 N CL m e r Y st If a a 3 l'-• 3 m G E� s` � c M En '� 3 2° B i E r�� L� £, e�� c X 'o � L m'�'m' 9 F �$$m �� € 19G -4 8 9 V f W a H f Kf 3` m f a. of of f ZI a LL Q l V i I� v< � £ t dF F a- o ' e< I I, 8 al f I, �f� d €- o JJ - .N L a � i E E Y E o 0 � E _.j i a �i Vii¢ ` 4 n 8 E v 19G -5 I 3 I I J I I 6 8 g f � O a' F �H 088888.8888t'.�888 808888.88. ,5888888..,88! .. xeE a < �f� d €- o JJ - .N L a � i E E Y E o 0 � E _.j i a �i Vii¢ ` 4 n 8 E v 19G -5 I 3 I I J I I 6 8 g E IS ^ i � I O eF i I W � N N » x p a Q� p I °F I • a I I �.� I I I I ¢ O 888So ° °8S I I I I °88888888880888 %8.$8° °5888 V G �� E • .c u E s J Y .{ W 9 n .a u tl r A J / v e J{ tl r tl n w n J »s� Q a € C E 3 L ti m m f i f d c�`'`'vE c't9 v6..LNSrCaV¢Ni '; nAv rv2�sa j m5 goG�iu 19G -6 II } EL 3 II I I 9 S II 8 O H z F REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: PROJECT OF THE YEAR RECOGNITION BY AMERICAN SOCIETY OF CIVIL ENGINEERS FOR BRISTOL STREET IMPROVEMENTS PROJECT PHASE 2 (STRATEGIC PLAN NO. 6, 1G) / CITYNAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO Receive and file the Project of the Year recognition by the American Society of Civil Engineers for the design and completion of Bristol Street Improvements Project Phase 2, Third Street to Civic Center Drive. DISCUSSION Bristol Street is a north -south 3.9 -mile long transportation corridor designated as a major arterial highway. The regional project is being completed in several phases. While some of the traffic alignments remain constant over the improved segments, each segment does incorporate unique design amenities related to aesthetics, mobility, and environmental enhancements. Description of the Project The Bristol Street Improvements Project Phase 2 was planned and designed to incorporate complete street concepts with storm drain quality features and implementation of Green Street technologies. While the improvement included widening of the street from four to six lanes, it also included bus turnouts, raised medians, bike lanes, and sound walls. The American Society of Civil Engineers (ASCE) selected this project for special consideration due to the unique design enhancements from applying bio- filtration Best Management Practices. Practical drainage enhancements included a series of drought - tolerant, vegetated bioswales, which were designed to capture and filter up to 2- year -storm intensities. The bioswales drain run -off from the project's foot print as well as the entire drainage area boundary, capturing run -off from adjoining neighborhood streets and reducing flows in the arterial street's storm drain facility. The environmental benefits come from reduced runoff, which contains harmful pollutants and trash that contribute to adverse water quality impacts in receiving streams. The vegetated bioswales in the parkways bring native and organic pre - development landscape themes to a fully 19H -1 ASCE Project of the Year for Bristol Improvements Phase 2 November 15, 2016 Page 2 built -out transportation corridor. Therefore, bioswale design features are considered creative low- impact development solutions, due to their aesthetic and environmental qualities (Exhibit 1). In summary, in addition to the obvious transportation improvements, the project improves the quality of life in the urban areas and for nearby residents. The combination of benefits in various categories qualified this project as worthy of the award (Exhibit 2). The City was awarded with a Bronze Certification from GreenRoads, which is a third -party rating system that rewards roadway projects that exceed public expectations for environmental, economic, and social performance. This certification is similar to the Leadership in Energy and Environmental Design — LEED Certification for building developments. City staff has presented this project and its best practices to various organizations, such as: • American Society of Civil Engineers, Orange County— Sustainability • American Public Works Association — 2015 Complete Streets & Technology Conference • Abu Dhabi Department of Transportation (hosted engineering representatives and provided a tour of the project) STRATEGIC PLAN ALIGNMENT Approval of this item encourages and 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 recognition. FISCAL IMPACT There is no fiscal impact associated with this recognition. IVA I /�-- Fr 4d Mou avipour Executive Director Public Works Agency FM /EWG /JG /KN /ML Exhibits: 1. Project Photo 2. ASCE Plaque 19H -2 Exhibit 1 19H -3 Exhibit 2 19H -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: REQUEST FOR PROPOSALS FOR A ZOO MASTER PLAN (STRATEGIC PLAN NO. 2,2E) CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For„ CONTINUED TO FILE NUMBER Authorize the Parks, Recreation and Community Services Agency -Zoo Division to issue a Request for Proposals to qualified companies to create a Zoo Master Plan, DISCUSSION The Santa Ana Zoo's Zoo Master Plan is the document used to direct the development of the zoo and its visitor services. The current master plan was adopted by the City Council in 1990. This master plan called for the Zoo to focus on the animal life and culture of Central and South America with an underlying theme of biomes and their relationship to water. Focusing on this unique South American theme helped the Santa Ana Zoo to compliment rather than compete with other local zoos. In 1998 the master plan was amended to include the current children's zoo and the Crean Family Farm. In the 26 years since 1990, the zoo industry has changed dramatically and the Zoo's present master plan is now dated. Instead of only presenting a broad menagerie of animals as was the practice in the past, zoos today are focusing on saving endangered animals from extinction while teaching visitors to conserve the animals and plants in their local communities and wildlands. Many of the animals that were called out in the 1990 Zoo Master Plan are no longer kept in American zoos. In the Zoo's last Association of Zoos and Aquariums (AZA) Accreditation Report, the commission noted that the Zoo's facility master plan and strategic business plan are both out of date and should be updated to reflect today's environment. The purpose of this study is to address the needs and opportunities related to future developments and improvements at the Santa Ana Zoo. The objective of the Master Plan is to create a shared vision, an operational roadmap, and a viable business plan for developing and promoting the Zoo as a vibrant conservation education center and valuable community resource with an important and unique animal collection that meets both current and future standards as measured by the community, AZA, and the United States Department of Agriculture. 191 -1 Request for Proposal for a Zoo Master Plan November 15, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 - Youth, Education, Recreation, Objective #2 (Expand youth programming), Strategy E (Partner with outside agencies and secure funding to rehabilitate zoo exhibits and expand the Santa Ana Zoo). FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency Exhibit 1: Request for Proposals No. 16 -131 191 -2 REQUEST FOR PROPOSALS (RFP) FOR SANTA ANA ZOO MASTER PLAN FOR THE RFP NO.: 16 -131 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Kent Yamaguchi/Frank Arroyo Project Manager/RFP Project Manager (714) 647 -6575 / (714) 571 -4218 Office Icyamagnchi rr santa-ana.org / farroyonu anta- ana.org KEY RFP DATES (Subject to change at discretion of City): Issue Date: November 21, 2016 Letter of Intent December 5, 2016 Deadline for Requests for Information: December 12, 2016 Pre - Proposal Meeting: There is no scheduled meeting Proposal Due Date: December 19, 2016; 4:00pm. Projected Award Date: TBD City of Sa a FP 16 -131 Page 1 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified finis for Santa Ana Zoo Master Plan. Responses to this Request for Proposals (RFP) will be accepted until December 19, 2016 at 4:00 p.m. Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 16 -131 SANTA ANA ZOO MASTER PLAN IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Arm.: Kent Yamaguchi Parks, Recreation & Community Services Agency; 20 Civic Center Plaza; 2nd Floor Santa Ana, CA 92701 Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa- ana.or bids- rff s. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. LETTER OF INTENT: Interested firms shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email. City of S4g4u ,2FP 16 -1 (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS SANTA ANA ZOO MASTR PLAN RFP NO.: 16 -131 TABLE OF CONTENTS I. GENERAL II. PROPOSAL TERMS AND CONDITIONS A. EXAMINATION B. EXECUTION OF AGREEMENT C. PROPROSAL VALIDITY D. PRE- CONTRACTUAL EXPENSES E. JOINT OFFERS /SUBCONSULTANTS F. PROPROSAL DEPOSIT III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE- PROPOSALMEETING I. CITY RIGHT TO REJECT J. B[D PROTECTS IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT C. PERIOD OF AGREEMENT D. PAYMENT BOND VII. IMPLEMENTATION A. KICK -OFF MEETING B. NOTICE TO PROCEED VIII. PUBLIC RECORDS IX. APPENDIX City of Sa e FP 16 -131 Page 3 El El 5 ATTACHMENT I: SCOPE OF WORK 10 ATTACHMENT 2: SAMPLE AGREEMENT 13 ATTACHMENT 3: SUBMITTALS (CERTIFICATIONS, STATEMENTS, SCHEDULES) 21 I. GENERAL Nature of Work: The City of Santa Ana is seeking qualified planning, design, and engineering firms to develop a comprehensive master plan (which includes a Strategic Business Plan and a Facilities Master Plan). A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: The submittal shall include four hard copies and one (1) digital file on a labeled USB Flash Drive (or equivalent). One of the hard copies shall be marked as "ORIGINAL" and shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: • Finn /Team Experience 25% • Understanding of Need 20% • Relevant Project Experience 25% • Schedule 10% • References 10% The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT The City and the selected Proposer will enter into an Agreement similar to that as shown in City of Attachment 2, in the Appendix of this REP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE - CONTRACTUAL EXPENSES Santa Ana shall not, in any event, be liable for any pre - contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS /SUBCONSULTANTS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime - subconsultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Proposer. II1. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e -mail to the Project Manager (contact information as noted on the cover page to this REP) by or before the "Deadline for Requests for Information" date noted on the cover page of this REP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via City of SalWo f FP 16 -131 Page 5 addenda to this RFP, as indicated in Section III.D. D.ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, www.santa- ana.org/bids -rfpss E. LICENSES & PERMITS The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses /permits required by the Scope of Work. F. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City's website: www.santa- ana.or ids -rfps H. PRE- PROPOSAL MEETING A pre - proposal meeting, if scheduled, will occur on the date, time and location identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question - and- answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section III.D: Addenda ". I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors. City of J. PROTESTS Proposers with concerns or rebuttal of any staff determination of non - responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. IV. SUBMITTAL REQUIREMENTS A. GENERAL 1. Number of Copies and signature: Refer to Section I: General. 2. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: 1. STATEMENT OF QUALIFICATIONS a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. b. Agreement Statement (Attachment 3 -4): Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the standard agreement attached as Attachment 2, in the Appendix of this RFP. c. Finn and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team /sub - contractors that outline their technical and design experience. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, fine size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm. d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of e. Relevant Project Experience: Proposal shall include a list of relevant projects which your firm or personnel have completed within the last five (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. City of San e P 16 -131 Page 7 f. Schedule: Proposal shall include a detailed schedule based on the Scope of Services explained below with a written statement which provides information on current workload and how this project would be accommodated. g. References: Proposal shall include references for three public entities for which Proposer has performed similar work within the past five (5) years 2. SCOPE OF SERVICES & SCHEDULE Proposal shall include a Scope of Services which details the work phases to be completed, the tasks to be accomplished and the deliverables to be provided. Scope of Services shall be incorporated into the schedule as described above to complete the project based upon the requested Scope of Work, detailed in Attachment 1, which is included in the Appendix of this RFP. 3. FEE PROPOSAL: Proposer's fee proposal shall be submitted concurrently with the technical proposal. The City will select the consultant and then negotiate a contract price based on available funding. 4. CERTIFICATIONS: The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed and included as part of the proposal submittal package: • Attachment 3 -1: Non - Collusion Affidavit • Attachment 3 -2: Non - Lobbying Certification • Attachment 3 -3: Non - Discrimination Certification V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING Refer to Section I, General. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the agreement to the proposer who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City. 16 -131 B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2, in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Consultant' in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VII. IMPLEMENTATION A. KICK -OFF MEETING A kick -off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick -off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VIII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Sa Ra P 16 -131 Page 9 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA ZOO MASTER PLAN RFP NO.: 16 -131 Introduction and Background: The Santa Ana Zoo at Prentice Park is located in Santa Ana, California. The Zoo is owned and operated by the City of Santa Ana and is a division of the Parks, Recreation and Community Services Agency. The Zoo is situated on the 20 -acre Prentice Park and has a live collection of over 300 animals, primarily representing Central and South America. The Santa Ana Zoo is known for its extensive primate collection. Approximately 250,000 guests visit annually. The Zoo is an accredited member of the Association of Zoos and Aquariums (AZA) and will be inspected for accreditation again in 2017. The Zoo's non - profit support organization, the Friends of Santa Ana Zoo (FOSAZ), raises funds for capital improvements and deferred maintenance projects and also operates the gift shop, ride concessions, and membership program. Zoo History. The Santa Ana Zoo opened to the public in 1952. The grant deed for the original 12 acres stipulated that the zoo must maintain at least 50 monkeys at all times or the land could revert back to donor's heirs. In 1964, a small Children's Zoo farm was added. The Zoo was accredited by the AZA in 1985. The City Council approved the current master plan in 1989 which focused the animal collection specifically on Central and South America. This master plan was amended in 1998 to include a new children's zoo and has served to guide subsequent projects and development. The Zoo's most recently added exhibits and attractions include the Crean Family Farm (2004), Endangered Species Carrousel (2008), Tierra de las Pampas grasslands exhibit (2010), and the Ocelot Habitat and Education Center (2015). Two new features have recently been approved by the City Council but have not yet started construction: the Fifty Monkey Ferris Wheel, and the renovation of the 1990 Amazon's Edge exhibit to incorporate giant river otters. Purpose. The current master plan was adopted in 1989. In the Zoo's last AZA Accreditation Report, the commission noted that the Zoo's facility master plan and strategic plan are both out of date and should be updated to reflect today's environment. The purpose of this study is to address the needs and opportunities related to future developments and improvements at the Santa Ana Zoo. The objective of the Master Plan is to create a shared vision and operational roadmap for developing and promoting the Zoo as a vibrant conservation education center and valuable community resource with an important and unique animal collection that meets both current and future standards as measured by the community, AZA, and the United States Department of Agriculture. City of `44WI 9FP 16 -131 Description of Work: The Consultant's responsibilities include the following and shall consist of the following tasks: Task 1: Summary Analysis of Existing Facility The Consultants will meet at the Santa Ana Zoo with City, Zoo, and FOSAZ staff and volunteers and conduct a summary analysis of the Zoo which includes but is not limited to: • Current programs • Visitor amenities • Visitation/visitor profile • Attendance, traffic, parking • California Business Code /Americans with Disability Act Accessibility (CASp study) • Existing concessions • Current landscaping • Existing exhibits • Animal care facilities (including hospital, necropsy, quarantine, and holding facilities) • Existing buildings (including administrative, educational, operational) • Existing utilities /infrastructure (including domestic water, irrigation, electrical, lighting, drainage, shut- off valves) ➢ Deliverables shall include a Preliminary Report and a Plot Plan of existing-facilities and utilities. Provide in both CAD and pgf format. ➢ Deliverables shall include CASp study. Task 2: Strategic Business Plan The Consultants will develop a Strategic Business Plan for the Santa Ana Zoo which includes but is not limited to: • S.W.O.T. analysis • Market analysis • Economic impact analysis • Attendance & operational projections • Guest services /retail strategies • Public /private funding partnerships • Marketing plan • Operations plan ➢ Deliverables shall include a comprehensive ten-year Strategic Business Plan for the Santa Ana Zoo. Task 3: Facilities Master Plan The Consultants will design and develop a Facilities Master Plan which includes but is not limited to: • Concept developmenUkey themes • Animal exhibit plan/organizational theme • Animal collection plan recommendations • Botanical collection plan • Education interpretive plan • Visitor services and amenities • Enhancements to landscaping and public pathways • Facility support services • Traffic, attendance & parking projections • Visitor circulation plan • Vehicular circulation plan • Service and operations plan • Proposed utilities upgrades • Prioritization and phasing of projects • Statement of probable costs, including escalation • Illustrative materials for fundraising and marketing presentations ➢ Deliverables shall include a ten -year Facilities Master Plan which includes a cohesive conceptual design of the facilities of the entire zoo, an actionable plan with informed cost estimates that outlines an implementable schedule and a package of illustrative materials that represents key elements of the plan in such media and format to be easily used for fundraising and marketing presentations. City of 40A A &P 16 -131 Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 201 by and between , a [insert type of business: sole ownership entity, LLP, etc ], (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total surn to be expended under this Agreement shall not exceed $ during the term of this Agreement. b. Payment by City shall be made within # of days (XX) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on , 201X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. City of S5Wtn5IFOP 16 -131 Page 13 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 au employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured Citv of %WAi1bRFP 16 -131 against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a 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 forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold hannless 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 City of S P 16 -131 Page 15 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 Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant 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. 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. IL CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. City of 314 IA.1i XP 16 -131 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: Gerardo Monet, Exec. Director Parks, Recreation & Community Service Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -571 -4211 To Consultant: Sonia R. Carvalho, City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this City of AM FA HP 16 -131 Page 17 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 tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties 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 16 -131 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 tennination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. 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 terns 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: Name of Attorney Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: (name) (title) Tax ID# Gerardo Mouet Executive Director — Parks, Recreation & Community Services Agency City of S P 16 -131 Page 19 EXHIBIT A SCOPE OF SERVICES (from Attachment I of RFP) EXHIBIT B CONSULTANTPROPOSAL FEE SCHEDULE (OR) RATES AND CHARGES EXHIBIT C CERTIFICATIONS (from Attachment 3 of REP) 16 -131 APPENDIX ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA ZOO MASTER PLAN RFP NO.: 16 -131 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, farther, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Sa 16 -131 Page 21 APPENDIX ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA ZOO MASTER PLAN RFP NO.: 16 -131 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, it Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date 31 APPENDIX ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA ZOO MASTER PLAN RFP NO.: 16 -131 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, . and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, City of S4VjAWW 16 -131 Page 23 regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of 8jr4"RP 16 -131 APPENDIX ATTACHMENT 3 -4: AGREEMENT STATEMENT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA ZOO MASTER PLAN RFP NO.: 16 -131 Proposer understands that the Proposer will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. Proposer concurs to the statements in the sample agreement, with the exception of the following: Firm Signed and Printed Name: Title Date City of S n P 16 -131 Page 25 191 -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: APPROPRATION ADJUSTMENT ORANGE COUNTY SLINGSHOT INITIATIVE FUNDS FOR PROGRAM YEAR 2016 -17 AND AGREEMENT WITH THE COUNTY OF ORANGE (STRATEGIC PLAN NO. 2,4) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing Orange County Slingshot Initiative grant funds in the amount of $500,000 in revenue account (no. 12418002 - 52001) and appropriating same to expenditure account (no. 12418750- various). Authorize the City Manager and the Clerk of the Council to execute an agreement with the County of Orange to receive $500,000 for workforce services, strategic planning and program design for the regional Local Workforce Development Boards under the Workforce Innovation Opportunity Act, for a term beginning July 1, 2016 through June 30, 2018, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Slingshot Initiative is a California statewide initiative with the goal to accelerate income mobility through regional collaboration. In August 2016, the City of Santa Ana Workforce Development Board (WDB) was awarded a grant to launch a Slingshot Initiative in the region. The lead partners for this grant consist of the three local workforce boards that represent the region, specifically, Orange County, Santa Ana and Anaheim. The initiative, targets employer - informed strategies and multiple pathways for advancing workers from entry -level jobs to middle - skill careers that are competitive and economically sustainable. The intent is to identify the talent requirements of local employers, address the needs of regional populations that are increasingly disconnected from the fast - changing economic mainstream, and access to middle -wage occupations. The WDB will lead the regional planning, implementation, and collaboration effort with the Orange County Development Board in facilitating regional goals, objectives, developing regional strategies, policies, regional program planning and infrastructure development. In accordance 20A -1 Orange County Slingshot Initiative Funds For Program Year 2016 -2017 November 15, 2016 Page 2 with the input of local WDBs and stakeholders the strategy will also work toward alignment of regional training policies and practices. The strategy will focus on developing programs for targeted populations and communities including pre- identified Employment Zones. The Employment Zones will be regional and defined by the location of economic activity, such as labor sheds, commute patterns, industry clusters and sectors. Once the strategy is completed, WDB will implement the regional plan. The Slingshot Initiative is designed to undertake employment issues by fostering system change. The expectation is for the development of an action plan that addresses specific regional challenges. This project also supports one of the key objectives found in the Santa Ana Economic Development Strategic Plan to create new opportunity for business and job growth and encourage private development. Indirect and overhead costs are eligible for reimbursement under this federal grant. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #2 - Youth, Education, Recreation, Objective #4 (Partner with groups and organization to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT Approval of the appropriation adjustment will recognize $500,000 in the Orange County Slingshot Initiatives Grant revenue account (no. 12418002 - 52001) and appropriate same to the expenditure account (nos. 12418750 - various) for anticipated expenditure in the following fiscal years: Account Projected Expenditure in Amount 12418750 - various FY 2016 -17 $160,000 12418750 -69011 FY 2017 -18 $340,000 Total $500,000 APPROVED AS TO FUNDS AND ACCOUNTS: Rober C. C rte Francisco Gutierrez Deputy City Ma a er r, Executive Director City Manager's Office Finance and Management Services Agency Exhibits: 1 County of Orange Contract #16 -28- 0039- RWS -P. 2. Grant Summary /1 20A -2 Attachment A CONTRACT # 16 -28- 0039 -RWS -P BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA FOR REGIONAL WORKFORCE SERVICES PROFESSIONAL CFDA: Funding Agency: 17.258 WIOA Adult Programs Department of Labor 17.259 WIOA Youth Activities Department of Labor 17.278 WIOA Dislocated Worker Formula Grants Department of Labor WIOA Title I VEAP SFP State of California Governor's 25 % portion of Dislocated Worker Funds State of California from Title I of the federal Workforce Innovation and Opportunity Act Other funding programs as granted by various Agencies as needed E MA13 CONTRACT Table of Contents Recitals..................................................... ............................... Terms and Conditions 1. Coordination /Administration of Contract ... ............................... 2. Purpose ..................................................... ............................... 3. Term of Contract ....................................... ............................... 4. Contingency of Funds ............................... ............................... 5. Program Income ....................................... ............................... 6. Fiscal Accountability ................................. ............................... 7. Non - Supplantation of Funds ..................... ............................... 8. Amendments - Changes /Extra Work .......... ............................... 9. Nondiscrimination and Compliance Provisions ........................ 10. Payments .................................................. ............................... 11. Performance Standards ............................ ............................... 12. Satisfactory Work ...................................... ............................... 13. Modification of Program Components and Service Levels ...... 14. Access and Records ................................. ............................... 15. Breach of Contract .................................... ............................... 16. Conditions Affecting Work ......................... ............................... 17. Conflict of Interest - CONTRACTOR'S Personnel .................. 18. Conflict of Interest - COUNTY Personnel . ............................... 19. Consulting Contract - Follow on Work ........ ............................... 20. CONTRACTOR Personnel ....................... ............................... 21. CONTRACTOR'S PROJECT MANAGER and Key Personnel 22. County of Orange Child Support Enforcement Provision......... 23. Data -Title To ............................................. ............................... 24. Intellectual Property .................................. ............................... 25. Disputes- Contract .................................... ............................... 26. Complaint Handling Procedures ............... ............................... 27. EDD Independent Contractor Reporting Requirements........... 28. Gratuities ................................................... ............................... 29. Sectarian Activities .................................... ............................... 30. Drug Free Workplace ................................ ............................... 31. Debarment ................................................ ............................... 32. Lobbying ................................................... ............................... 33. Fraud ......................................................... ............................... 34. Standards of Conduct .............................. ............................... 35. News /Information Release ........................ ............................... 36. Notices ..................................................... ............................... 37. Literature /Publicity ................................... ............................... 38. Ownership of Documents .......................... ............................... 39. Precedence ............................................... ............................... 40. COUNTY'S PROJECT MANAGER ........... ............................... 41. Reports /Meetings ..................................... ............................... 42. Termination - Orderly .................................. ............................... 43. Errors and Omissions ............................... ............................... County of Orange Page 2 of 37 OC Community Resources Contract FYs 201a -}9 fiws Grofessionat -MI 5 City of Santa Ana Contract# 16 -28- 0039 -RWS Program Specific Terms and Conditions 44. Participants .......................................................................................... .............................24 ............................... 29 45. Policies and Procedures ...................................................................... .............................24 ............................... 29 46. Budget Schedule ................................................................................ ............................... 24 47. Modification of Budget Schedule ....................................................... ............................... 24 48. Sweat -free Code of Conduct .............................................................. ............................... 25 49. Annual Audit ....................................................................................... ............................... 25 50. Corporate Status ................................................................................ ............................... 25 51. Equipment ............................................................................................ .............................25 ............................... 29 52. Compliance with COUNTY WIOA Policies and Procedures ............... ............................... 26 53. Publication ............................................................................................ .............................26 .............................30 54. Approved Scope of Services .............................................................. ............................... 26 55. Instructors ........................................................................................... ............................... 26 56. Other Requirements — Program Confidentiality .................................. ............................... 26 57. Compliance with Law — CONTRACT .................................................. ............................... 27 58. Signature in Counterparts .................................................................. ............................... 28 59. DUNS Number and Related Information .............................................. .............................28 ............................... 31 60. Pell Grants /HEA Title IV ...................................................................... ............................... 28 General Terms and Conditions A. Governing Law and Venue ................................................................ ............................... 29 B. Entire Contract ................................................................................... ............................... 29 C. Amendments ....................................................................................... .............................29 D. Taxes: Intentionally left blank ............................................................... .............................29 E. Delivery .............................................................................................. ............................... 29 F. Acceptance /Payment ......................................................................... ............................... 29 G. Warranty .............................................................................................. .............................29 H. Patent/Copyright Materials /Proprietary Infringement ......................... ............................... 29 I. Assignment or Sub - Contracting ......................................................... ............................... 30 J. Non - Discrimination .............................................................................. .............................30 K. Termination ........................................................................................ ............................... 30 L. Consent to Breach not Waiver ........................................................... ............................... 30 M. Remedies Not Exclusive .................................................................... ............................... 30 N. Independent CONTRACTOR ............................................................ ............................... 30 O. Performance ...................................................................................... ............................... 30 P. Insurance ........................................................................................... ............................... 31 Q. Bills and Liens: Intentionally left blank ............................................... ............................... 33 R. Changes: Intentionally left blank ........................................................ ............................... 33 S. Change of Ownership ........................................................................ ............................... 34 T. Force Majeure ................................................................................... ............................... 34 U. Confidentiality ...................................................................................... .............................34 V. Compliance with Law ......................................................................... ............................... 34 W. Freight (F.O.B.): Intentionally left blank ............................................. ............................... 34 X. Pricing: Intentionally left blank .......................................................... ............................... 34 Y. Intentionally left blank .......................................................................... .............................34 Z. Terms and Conditions ........................................................................ ............................... 34 AA. Headings ............................................................................................ ............................... 34 BB. Severability ........................................................................................... .............................34 CC. Calendar Days .................................................................................... ............................... 34 DD. Attorney Fees .................................................................................... ............................... 34 County of Orange Page 3 of 37 City of Santa Ana OC Community Resources Contract FYs 20 2yl W 'S fessional -MI Contract # 16 -28- 0039 -RWS EE. Interpretation . ............................... FF. Authority ........ ............................... GG. Employee Eligibility Verification.... HH. Mutual Indemnification Provisions II. Audits /Inspections ....................... Signature Page Attachments Attachment A — General Program Requirements Attachment B — Scope of Services Attachment C — Budget Attachment D — Performance Standards Exhibits Exhibit 1 — Child Support Enforcement Provision Exhibit 2 — Drug Free Workplace Certification Exhibit 3 — Debarment and Suspension Certification Exhibit 4 — Certification Regarding Lobbying Exhibit 5 — Disclosure Form to Report Lobbying Exhibit 6 — EDD Independent Contractor Reporting Requirements Exhibit 7 — OC Community Resources Contract Reimbursement Policy County of Orange Page 4 of 37 OC Community Resources Contract FYs 202 IOW fessional -MI ............................ 34 .............. I............. 35 ............................ 35 ............................ 35 ............................ 36 37 City of Santa Ana Contract # 16 -28- 0039 -RWS This Agreement # 16 -28- 0039 - RWS -P, hereinafter referred to as "CONTRACT," is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California; hereinafter referred to as "COUNTY," and the City of Santa Ana, a municipal corporation in the State of California, DUNS Number 083153247 with a place of business at 20 Civic Center Plaza, Santa Ana, CA 92701 -4058 hereinafter referred to as "CONTRACTOR," with COUNTY and CONTRACTOR sometimes referred to as "PARTY," or collectively as "PARTIES." RECITALS WHEREAS, Congress has enacted the "Workforce Investment Act of 1998," subsequently reauthorized on July 22, 2014 as the Workforce Innovation and Opportunity Act (WIOA), hereinafter referred to as "the Act," to provide workforce innovation activities, through statewide and local workforce investment systems, that increase employment, retention and earnings of participants, and increase occupational skill attainment by participants, and, as a result, improve the quality of the workforce and enhance the productivity and competitiveness of the Nation; and WHEREAS, COUNTY and CONTRACTOR accepts the State of California Employment Development Department Workforce Services Directive dated February 24, 2016, Number WSD15 -17: and WHEREAS, COUNTY, acting as the Administrator of the Act funds, is empowered to make a portion of the funds available pursuant to the Act (hereinafter referred to as "grant funds ") to CONTRACTOR, for the purpose of implementing the provisions of the Act; and WHEREAS, COUNTY, approved an allocation of $500,000.00 (Five Hundred Thousand Dollars and 00 Cents) in Program funding to CONTRACTOR for FY 2016 -18 to carry out certain services /activities; and WHEREAS, CONTRACTOR, in order to receive grant funds, is agreeable to the terms and conditions hereinafter set forth; NOW, THEREFORE, the PARTIES mutually agree as follows: County of Orange Page 5 of 37 City of Santa Ana OC Community Resources Contract FYs 2012UN 7fessional -MI Contract # 16 -28- 0039 -RWS TERMS AND CONDITIONS 1. Coordination /Administration of Contract: COUNTY'S OC Community Resources Director or designee (hereinafter referred to as "DIRECTOR "), and OC Community Services /Community Investment Division /Orange County Development Board Executive Director or Designee (hereinafter referred to as "COUNTY'S PROJECT MANAGER ") shall assume responsibilities through coordinating the grant under the Act, its Regulations, and the WIOA Services provided by the COUNTY. The COUNTY'S CONTRACT MANAGER (hereinafter referred to as "CONTRACT MANAGER ") shall administer this CONTRACT as is necessary or reasonable to comply with COUNTY policies. 2. Purpose: The purpose of the program funded by this CONTRACT is to provide workforce innovation activities that increase employment, retention, earnings and occupations skill attainment through local workforce investment systems to those seeking employment. Additionally, this program is funded to increase the effectiveness of local and regional business through business improvement and development activities, job matching, and other services. All services are intended to improve the quality of the workforce and enhance the productivity and competitiveness of Orange County and the United States. CONTRACTOR shall ensure that the program funded hereby shall comply with this purpose. 3. Term of Contract: The effective term of this CONTRACT shall commence on July 1, 2016 and terminate on June 30, 2018, subject to the provisions of this CONTRACT; however, CONTRACTOR shall perform such duties extending beyond this term, including but not limited to obligations with respect to indemnification, audits, monitoring, reporting and accounting. Pursuant to the provisions contained herein, the CONTRACT may be terminated earlier. 4. Contingency of Funds: CONTRACTOR acknowledges that the obligations of COUNTY under this CONTRACT are contingent upon the availability of federal and /or State funds as applicable and inclusion of sufficient funds for the services hereunder remains in effect or operation. In the event that such funding is terminated or reduced, CONTRACT MANAGER may immediately terminate this CONTRACT, reduce COUNTY'S maximum obligation, or modify this CONTRACT, without penalty. The decision of CONTRACT MANAGER shall be binding on CONTRACTOR. CONTRACT MANAGER shall provide CONTRACTOR with written notification of such determination. CONTRACTOR shall immediately comply with DIRECTOR's or CONTRACT MANAGER's decision. 5. Program Income: COUNTY'S maximum obligation herein shall be reduced by the amount of any program income earned by CONTRACTOR, from sources other than COUNTY, as a result of this CONTRACT or the services provided by CONTRACTOR pursuant to this CONTRACT. It shall be the responsibility of CONTRACTOR to inform the COUNTY in writing of any income earned as a result of this CONTRACT. It is mutually understood that the State or Federal agency responsible for providing the funding for this CONTRACT may designate certain revenue of CONTRACTOR as Program Income. To be designated as Program Income and therefore, as other than a cost off -set. CONTRACTOR shall do all of the following: A. Submit a plan to the PROJECT MANAGER for use of any all proposed Program Income; and B. Set -up and maintain a separate bank account for any proposed Program Income and account for any and all such income received: County of Orange Page 6 of 37 City of Santa Ana OC Community Resources Contract FYs 201 -j -12 { NS — fessional -Mi Contract # 16 -28- 0039 -R WS C. Report to PROJECT MANAGER any and all Program Income received no later than thirty (30) days from the date of receipt; record the amount received on Internal financial records; and indicate the amount received on the monthly claim submitted to PROJECT MANAGER. PROJECT MANAGER shall then forward the plan for the requested use of the proposed Program Income to the appropriate State and /or Federal agencies for approval. CONTRACTOR shall not spend any of the proposed Program Income unless or until such time as PROJECT MANAGER obtains authorization for the use of the Program Income from the responsible State and /or Federal agency and provides CONTRACTOR with prior written approval for the use of the funds. PROJECT MANAGER may, in its sole discretion, issue future policy statements and /or instructions with respect to Program Income. CONTRACTOR shall immediately comply with such policy statements and /or instructions. 6. Fiscal Accountability: A. Financial Management System: CONTRACTOR shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. CONTRACTOR's system shall provide fiscal control and accounting procedures that will include the following: L Information pertaining to tuition rates, payments, and educational assistance payments; and ii. Source documentation to support accounting records; and iii. Proper charging of costs and cost allocation. I. CONTRACTOR's Record: CONTRACTOR's records shall be sufficient to: i. Permit preparation of required reports; and ii. Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds; and iii. Permit the tracking of program income, or profits earned, and any costs incurred (such as stand -in costs) that are otherwise allowable except for; V. Permit tracking and reporting of leveraging as required by S13734. C. Costs Charged: Cost shall be charged to this CONTRACT only in accordance with the following: i. The Act; and ii. 20 CFR WIOA NPRM Part 683; iii. State implementing legislation; and, V. Requirements of Other Funding Sources Non - Supplantation of Funds: CONTRACTOR shall not supplant any federal, State, or COUNTY funds intended for the purposes of this CONTRACT with any funds made available under this CONTRACT. CONTRACTOR shall not claim reimbursement from COUNTY for, or apply sums received from COUNTY with respect to, that portion of its obligations which have been paid by another source of revenue. CONTRACTOR agrees that it shall not use funds received pursuant to this CONTRACT, either directly or indirectly, as a contribution or compensation for the purposes of obtaining federal, State, or COUNTY funds under any federal, State, or COUNTY program without prior written approval from COUNTY. County of Orange Page 7 of 37 City of Santa Ana OC Community Resources Contract FYs 201ZON srfessional -MI Contract # 16 -28- 0039 -R WS 8. Amendments — Changes /Extra Work: The CONTRACTOR shall make no changes to this CONTRACT without the COUNTY'S written consent. In the event that there are new or unforeseen requirements, the COUNTY with the CONTRACTOR's concurrence has the discretion to request official changes at any time without changing the intent of this CONTRACT. If COUNTY - initiated changes or changes in laws or government regulations affect price, the CONTRACTOR's ability to deliver services, or the CONTRACT schedule, the CONTRACTOR shall give the COUNTY written notice no later than seven (7) calendar days from the date the law or regulation went into effect or the date the change was proposed by the COUNTY and the CONTRACTOR was notified of the change. Such changes shall be agreed to in writing and incorporated into a CONTRACT Amendment; said Amendment shall be issued by the CONTRACT MANAGER, shall require the mutual consent of all PARTIES, and may prohibit the CONTRACTOR from proceeding with the work as set forth in this CONTRACT. 9. Nondiscrimination and Compliance Provisions: A. CONTRACTOR shall comply fully with the nondiscrimination and equal opportunity provisions; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; Title IX of the Education Amendments of 1972, as amended; the Equal Opportunity provisions in Executive Order 11246, as amended by Executive Order 11375 and supplemented by the requirements of 41 CFR Part 60; and with all applicable requirements imposed by or pursuant to regulations or Executive Order implementing those laws, including, but not limited to, 29 CFR Parts 33 and 38. The United States, the State of California and COUNTY have the right to seek judicial enforcement of this requirement. B. CONTRACTOR shall comply with the provisions of the Fair Employment and Housing Act (California Government Code, Section 12900 et seq.) and the regulations promulgated there under (California Code of Regulations, Title 2, Section 7285.0 et sec.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this CONTRACT by reference and made a part hereof as if set forth in full. C. In the performance of this CONTRACT, CONTRACTOR and its subcontractors shall not deny the CONTRACT's benefits to any person on the basis of race, ancestry, national origin, religion, color, ethnic group identification, sex, age, mental or physical disability (including HIV and AIDS), medical condition (including cancer), marital status, denial of family care leave, political affiliation or belief, nor will they unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of race, ancestry, national origin, religion, color, ethnic group identification, sex, age, mental or physical disability (including HIV and AIDS), medical condition (including cancer), marital status, denial of family care leave, political affiliation or belief. CONTRACTOR shall insure that the evaluation and treatment of emplovees and applicants for employment are free from such discrimination and harassment. D. CONTRACTOR will include the non - discrimination and compliance provisions of this Paragraph 9 of the CONTRACT in all subcontracts to perform work under this CONTRACT. County of Orange Page 8 of 37 City of Santa Ana OC Community Resources Contract FYs 2MW &P. fessional -MI Contract # 16- 28- 0039 -RWS E. CONTRACTOR will give written notice of its obligations under this Paragraph 9 of the CONTRACT to labor organizations with which CONTRACTOR has a collective bargaining or other CONTRACT. F. CONTRACTOR shall furnish any and all information requested by PROJECT MANAGER and shall permit PROJECT MANAGER access, during business hours, to books, records and accounts in order to ascertain CONTRACTOR's compliance with the above non - discrimination requirements. 10. Payments: CONTRACTOR agrees that any and all funds received under this CONTRACT shall be disbursed or encumbered on or before June 30, 2018, and that any and all funds remaining as of June 30, 2018, which have not been disbursed shall be returned by CONTRACTOR to COUNTY within thirty (30) days of the expiration or earlier termination of the CONTRACT as provided herein. No expense of CONTRACTOR will be reimbursed by COUNTY if incurred after June 30, 2018. No CONTRACTOR expenses shall be paid if billing is received by COUNTY after July 31, 2018. Upon the effective date of this CONTRACT, COUNTY shall make payments to CONTRACTOR in accordance with the following payment schedule: A. Monthly Payments. Beginning, upon receipt and approval by OC Community Services /Community Investment Division (CID) of CONTRACTOR's invoice showing the prior month's actual expenditures, COUNTY shall make monthly reimbursement payments based on CONTRACTOR's invoice so long as the total payments under this CONTRACT do not exceed $500,000.00 (Five Hundred Thousand Dollars and 00 Cents). B. COUNTY Discretion. At the sole discretion of COUNTY, payments to CONTRACTOR may be made more frequently than monthly, but such payments shall always be in arrears and not in advance of the provision of services by CONTRACTOR. C. Advance. Notwithstanding (b) above, upon written request and justification from CONTRACTOR, COUNTY may advance to CONTRACTOR a sum not to exceed one sixth (1/6) of COUNTY'S maximum obligation hereunder. PROJECT MANAGER shall reduce the amount of monthly payments in the seventh, eighth, ninth, tenth, and eleventh months by twenty percent (20 %) of any advance payment, under (A) above, to recover any outstanding advance or part thereof. Such recovery may not exceed the total of all outstanding advances. No monthly payment shall be made to CONTRACTOR which would result in less money remaining unpaid to CONTRACTOR than the total of advances made to CONTRACTOR. D. Invoices. COUNTY will reimburse CONTRACTOR for eligible CONTRACT - related costs only. CONTRACTOR shall submit requests for reimbursement to COUNTY on a monthly basis beginning on December 1, 2016, and must provide adequate documentation as required by COUNTY in accordance with the OC Community Resources Contract Reimbursement Policy for documenting CONTRACTOR costs, incorporated herein by reference as Exhibit 7. Failure to provide any of the required documentation will cause COUNTY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to CONTRACTOR, until such documentation has been received and approved by COUNTY. Invoices are due on the 201h of each month, for prior month's expenses. County of Orange Pago 9 of 37 City of Santa Ana OC Community Resources Contract FYs 202/Y3R - 41"essional -MI Contract # 16 -28- 0039 -RWS 11. Performance Standards: CONTRACTOR shall comply with and adhere to the performance accountability standards and general program requirements described in Sections 116 (Performance Accountability System) and 194 (General Program Requirements) of the Act and applicable regulations and as contained in Attachment D, Performance Standards. Should the Performance Requirements defined in the CONTRACT between the State of California and the County of Orange be changed, COUNTY shall have the right to unilaterally modify this CONTRACT to meet such requirements. 12. Satisfactory Work: Services rendered hereunder are to be performed to the written satisfaction of COUNTY'S PROJECT MANAGER. COUNTY'S staff will interpret all reports and determine the quality, acceptability and progress of the services rendered. 13. Modification of Program Components and Service Levels The PARTIES hereto agree that those program components and service levels detailed in Attachments A, B, C and D may be modified upon mutual written agreement of the DIRECTOR and CONTRACTOR so long as the total payments under this CONTRACT are not increased and the basic goals and objectives of the program are not altered. Should the Federal Government and /or the State of California modify any program component and /or service level detailed in Attachments A, B, C and /or D then the COUNTY shall have the right to unilaterally modify this CONTRACT to meet such requirements. A. CONTRACT MANAGER may at any time, by written change order to CONTRACTOR, make changes within the general scope of this CONTRACT, including, in the definition of services and tasks to be performed, the manner in which services are performed, the time and place of performance thereof and additional related provisions, and CONTRACT term. Such change orders may be made when necessitated by changes in the WIOA Workforce Services operations or performance, the operations or performance of CONTRACTOR, or changes in applicable statutes, regulations or State of California or federal mandates or directives. CONTRACTOR and CONTRACT MANAGER shall make a good faith effort to reach agreement with respect to change orders, which affect the price of services under the CONTRACT. CONTRACTOR's protest or failure to agree to the amount of any adjustment to be made as a result of a change order shall be a dispute for which an appeal may be made pursuant to this CONTRACT. Notwithstanding the foregoing, the price of services under this CONTRACT shall not be increased except by written modification of this CONTRACT indicating the new services and price of this CONTRACT if applicable. Until the PARTIES reach agreement, CONTRACTOR shall not be obligated to assume increased performance under the change order beyond the limitation of funds established within this CONTRACT. B. CONTRACTOR may request changes in the scope of performance or services under this CONTRACT, by submitting a written request to PROJECT MANAGER describing the request and its impact on the Scope of Services and Budget Schedule. PROJECT MANAGER will review the request and respond in writing within ten (10) business days. PROJECT MANAGER's decision whether to approve the request or request Board of Supervisors' approval shall be final. COUNTY CONTRACT MANAGER may approve a request that meets all of the following criteria: It does not materially change the terms of this CONTRACT; and County of Orange Page 10 of 37 City of Santa Ana OC Community Resources Contract FYs 2 =P-d �W �gfessional -MI Contract 9 16 -28- 0039 -RWS It is supported by adequate consideration to COUNTY. Board of Supervisors' action is necessary to approve a request from CONTRACTOR that does not satisfy all of the criteria listed above. 14. Access and Records: A. Access. COUNTY, the State of California and the United States Government and /or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to CONTRACTOR's activities, books, documents and papers (including computer records and emails) and to records of CONTRACTOR's subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this CONTRACT. CONTRACTOR shall insert this condition in each contract between CONTRACTOR and a subcontractor that is pursuant to this CONTRACT shall require the subcontractor to agree to this condition. Such agencies or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. CONTRACTOR shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by DIRECTOR which shall be deemed received upon date of sending. In the event CONTRACTOR does not make the above referenced documents available within the County of Orange, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by COUNTY, or COUNTY'S designee, in conducting any audit at the location where said records and books of account are maintained. B. Records Retention. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this CONTRACT shall be kept available at CONTRACTOR'S office or place of business for the duration of this CONTRACT and thereafter, as specified in 2 CFR 200.333 -337. Records which relate to: (1) complaints, claims, administrative proceedings or litigation arising out of the performance of this CONTRACT; or (2) costs and expenses of this CONTRACT to which COUNTY or any other governmental agency takes exception, shall be retained until final resolution or disposition of such appeals, litigation, claims, or exceptions. C. Liabilitv. CONTRACTOR shall pay to COUNTY the full amount of COUNTY'S liability to the State or federal government or any agency thereof resulting from any disallowance or other audit exceptions to the extent that such liability is attributable to CONTRACTOR'S failure to perform under this CONTRACT. 15. Breach of Contract: The failure of the CONTRACTOR to comply with any of the provisions, covenants or conditions of this CONTRACT shall be a material breach of this CONTRACT. In such event the COUNTY may, and in addition to any other remedies available at law, in equity, or otherwise specified in this CONTRACT: A. Terminate the CONTRACT immediately, pursuant to Paragraph K herein; B. Afford the CONTRACTOR written notice of the breach and ten calendar days or such shorter time that may be specified in this CONTRACT within which to cure the breach; County of Orange Page 11 of 37 City of Santa Ana OC Community Resources Contract FYs 2022 IWVSIZssional -MI Contract # 16 -28- 0039 -RWS C. Discontinue payment to the CONTRACTOR for and during the period in which the CONTRACTOR is in breach; and D. Offset against any monies billed by the CONTRACTOR but yet unpaid by the COUNTY those monies disallowed pursuant to the above. 16. Conditions Affecting Work: CONTRACTOR shall be responsible for taking all steps reasonably necessary, to ascertain the nature and location of the work to be performed under this CONTRACT; and to know the general conditions which can affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will not relieve CONTRACTOR from responsibility for successfully performing the work without additional cost to the COUNTY. The COUNTY assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this CONTRACT, unless such understanding or representations by the COUNTY are expressly stated in the CONTRACT. 17. Conflict of Interest — CONTRACTOR'S Personnel: The CONTRACTOR shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the COUNTY. This obligation shall apply to the CONTRACTOR; the CONTRACTOR's employees, agents, and relatives; sub -tier contractors; and third parties associated with accomplishing work and services hereunder. The CONTRACTOR's efforts shall include, but not be limited to establishing precautions to prevent its employees or agents from making, receiving, providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to appear to influence individuals to act contrary to the best interests of the COUNTY. 18. Conflict of Interest — COUNTY Personnel: The County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The CONTRACTOR shall not, during the period of this CONTRACT, employ any COUNTY employee for any purpose. 19. Consulting Contract — Follow -On Work: No person or firm or subsidiary thereof who has been awarded a consulting services contract or a contract which includes a consulting component may be awarded a contract for the provision of services, the delivery of goods or supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of the consulting services contract. Therefore, any consultant that contracts with a COUNTY agency /department to develop a feasibility study or to provide formal recommendations is precluded from contracting for any work recommended in the study or included in the recommendations. 20. CONTRACTOR Personnel: The CONTRACTOR warrants that all persons employed to provide service under this CONTRACT have satisfactory past work records indicating their ability to accept the kind of responsibility anticipated under this CONTRACT. 21. CONTRACTOR'S PROJECT MANAGER and Key Personnel: CONTRACTOR shall appoint a 'CONTRACTOR'S PROJECT MANAGER' to direct the CONTRACTOR's efforts in fulfilling CONTRACTOR'S obligations under this CONTRACT. The name of the CONTRACTOR'S PROJECT MANAGER shall be provided to the COUNTY. If there be a CONTRACTOR'S PROJECT MANAGEMENT change the CONTRACTOR will notify the COUNTY in writing prior to the change being made. The COUNTY'S PROJECT MANAGER shall have the right to require the removal and replacement of the CONTRACTOR'S PROJECT MANAGER and key personnel. The COUNTY'S PROJECT MANAGER shall notify the CONTRACTOR in writing of such action. The CONTRACTOR shall accomplish the removal within 14 calendar days after written notice by the COUNTY'S PROJECT MANAGER. The COUNTY'S PROJECT MANAGER shall review and approve the appointment of the replacement for the County of Orange Page 12 of 37 City of Santa Ana OC Community Resources Contract FYs 2p�C�+8A2WS P�fessional -MI Contract # 16 -28- 0039 -RWS CONTRACTOR'S PROJECT MANAGER and key personnel. Said approval shall not be unreasonably withheld. 22. County of Orange Child Support Enforcement: In order to comply with the child support enforcement requirements of the County of Orange, within ten (10) days of notification of selection of award of CONTRACT but prior to official award of CONTRACT, the selected CONTRACTOR agrees to furnish to the CONTRACT MANAGER, the Purchasing Agent, or the agency /department deputy purchasing agent: A. In the case of an individual CONTRACTOR, his /her name, date of birth, Social Security number, and residence address; B. In the case of a CONTRACTOR doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of ten (10) percent or more in the contracting entity; C. A certification that the CONTRACTOR has fully complied with all applicable federal and state reporting requirements regarding its employees; and D. A certification that the CONTRACTOR has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply. Failure of the CONTRACTOR to timely submit the data and /or certifications required may result in the CONTRACT being awarded to another CONTRACTOR. In the event a CONTRACT has been issued, failure of the CONTRACTOR to comply with all federal, state, and local reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of the CONTRACT. Failure to cure such breach within sixty (60) calendar days of notice from the COUNTY shall constitute grounds for termination of the CONTRACT. 23. Data —Title To: All materials, documents, data or information obtained from the COUNTY data files or any COUNTY medium furnished to the CONTRACTOR in the performance of this CONTRACT will at all times remain the property of the COUNTY. Such data or information may not be used or copied for direct or indirect use by the CONTRACTOR after completion or termination of this CONTRACT without the express written consent of the COUNTY. All materials, documents, data or information, including copies, must be returned to the COUNTY at the end of this CONTRACT (or final renewal), as applicable. 24. Intellectual Property: A. Federal Funding. In any CONTRACT funded in whole or in part by the federal government, COUNTY may acquire and maintain the Intellectual Property rights, title, and ownership, which result directly or indirectly from the CONTRACT, except as provided in 37 Code of Federal Regulations Part 401.14. CONTRACTOR agrees to grant the COUNTY, federal and state governments a royalty -free, non- exclusive, irrevocable, paid -up license throughout the world to use, duplicate, or dispose of such Intellectual Property throughout the world in any manner for governmental purposes and to have and permit others to do so. B. Ownership. I. Except where COUNTY has agreed in a signed writing to accept a license, COUNTY shall be and remain, without additional compensation, the sole owner of any and all rights, title and interest in all intellectual property, from the moment of creation, whether or not jointly conceived, that are made, County of Orange Page 13 of 37 City of Santa Ana OC Community Resources Contract FVs 2020AP I Sssional -MI Contract # 16 -28- 0039 -RWS conceived, derived from, or reduced to practice by CONTRACTOR or COUNTY and which result directly or indirectly from this CONTRACT. ii. For the purposes of this CONTRACT, Intellectual Property means recognized protectable rights and interest such as: patents, (whether or not issued) copyrights, trademarks, service marks, applications for any of the foregoing, inventions, trade secrets, trade dress, logos, insignia, color combinations, slogans, moral rights, right of publicity, author's rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices, business processes, developments, innovations, good will, any data or information maintained, collected or stored in the ordinary course of business by COUNTY, and all other legal rights protecting intangible proprietary information as may exist now and /or hereafter come into existence, and all renewals and extensions, regardless of whether those rights arise under the laws of the United States, or any other state, country or jurisdiction. a. For the purposes of the definition of Intellectual Property, "works" means all literary works, writings and printed matter including the medium by which they are recorded or reproduced, photographs, art work, pictorial and graphic representations and works of a similar nature, film, motion pictures, digital images, animation cells, and other audiovisual works including positives and negatives thereof, sound recordings, tapes, educational materials, interactive videos, computer software and any other materials or products created, produced, conceptualized and fixed in a tangible medium of expression. It includes preliminary and final products and any materials and information developed for the purposes of producing those final products. "Works" does not include articles submitted to peer review or reference journals or independent research projects. In the performance of this CONTRACT, CONTRACTOR may exercise and utilize certain of its Intellectual Property in existence prior to the effective date of this CONTRACT. In addition, under this CONTRACT, CONTRACTOR may access and utilize certain COUNTY'S Intellectual Property inexistence prior to the effective date of this CONTRACT. Except as otherwise set forth herein, CONTRACTOR shall not use any of COUNTY'S Intellectual Property now existing or hereafter existing for any purposes without the prior written permission of COUNTY. Except as otherwise set forth herein, neither the CONTRACTOR nor COUNTY shall give any ownership interest in or rights to its Intellectual Property to the other PARTY. If, during the term of this CONTRACT, CONTRACTOR accesses any third -party Intellectual Property that is licensed to COUNTY, CONTRACTOR agrees to abide by all license and confidentiality restrictions applicable to COUNTY in the third - party's license Contract. V. CONTRACTOR agrees to cooperate with COUNTY in establishing or maintaining COUNTY'S exclusive rights in the Intellectual Property, and in assuring COUNTY'S sole rights against third parties with respect to the intellectual Property. If the CONTRACTOR enters into any contracts or subcontracts with other parties in order to perform this CONTRACT, CONTRACTOR shall require the terms of the contract(s) to include all Intellectual Property provisions of Paragraphs twenty -four (24)(A) through County of Orange Page 14 of 37 City of Santa Ana OC Community Resources Contract FYs 20ijMVIOessional -MI Contract # 16 -28- 0039 -RWS twenty -four (24)(1). Such terms must include, but are not limited to, the subcontractor assigning and agreeing to assign to COUNTY all rights, title and interest in Intellectual Property made, conceived, derived from, or reduced to practice by the subcontractor, CONTRACTOR or COUNTY and which result directly or indirectly from this CONTRACT or any subcontract. V. Pursuant to Paragraph twenty -four (24)(13)(iv) of the Intellectual Property Provisions of this CONTRACT, the requirement for the CONTRACTOR to include all Intellectual Property Provisions of Paragraphs twenty -four (24)(A) through twenty -four (24)(1) of the Intellectual Property Provisions in all contracts and subcontracts it enters into with other parties does not apply to contracts or subcontracts that are for customized and on- the -job training as authorized under 20 CFR WIOA NPRM 680.700 -850. vi. CONTRACTOR further agrees to assist and cooperate with COUNTY in all reasonable respects, and execute all documents and, subject to reasonable availability, give testimony and take all further acts reasonably necessary to acquire, transfer, maintain, and enforce COUNTY'S Intellectual Property rights and interests. C. Retained Rights /License Rights I. Except for Intellectual Property made, conceived, derived from, or reduced to practice by CONTRACTOR or COUNTY and which result directly or indirectly from this CONTRACT, CONTRACTOR shall retain title to all of its Intellectual Property to the extent such Intellectual Property is in existence prior to the effective date of this CONTRACT. CONTRACTOR hereby grants to COUNTY, without additional compensation, a permanent, non - exclusive, royalty free, paid -up, worldwide, irrevocable, perpetual, non - terminable license to use, reproduce, manufacture, sell, offer to sell, import, export, modify, publicly and privately display /perform, distribute, and dispose of CONTRACTOR's Intellectual Property with the right to sublicense through multiple layers, for any purpose whatsoever, to the extent it is incorporated in the Intellectual Property resulting from this CONTRACT, unless CONTRACTOR assigns all rights, title and interest in the Intellectual Property as set forth herein. ii. Nothing in this provision shall restrict, limit, or otherwise prevent CONTRACTOR from using any ideas, concepts, know -how, methodology or techniques related to its performance under this CONTRACT, provided that CONTRACTOR's use does not infringe the patent, copyright, trademark rights, license or other Intellectual Property rights of COUNTY or third party, or result in a breach or default of any provisions of Paragraphs twenty -four (24)(A) through twenty -four (24)(1) or result in a breach of any provisions of law relating to confidentiality. D. Copyright. I. CONTRACTOR agrees that for purposes of copyright law, all works (as defined in Ownership, Paragraph twenty -four (24)(B)(ii) (a) of authorship made by or on behalf of CONTRACTOR in connection with CONTRACTOR's performance of this CONTRACT shall be deemed "works made for hire." CONTRACTOR further agrees that the work of each person utilized by CONTRACTOR in connection with the performance of County of Orange Page 15 of 37 City of Santa Ana OC Community Resources Contract FYs 20 2,O wWSITssional -MI Contract it 16 -28- 0039 -RWS this CONTRACT will be a "work made for hire," whether that person is an employee of CONTRACTOR or that person has entered into a contract with CONTRACTOR to perform the work. CONTRACTOR shall enter into a written contract with any such person that (i) all work performed for CONTRACTOR shall be deemed a "work made for hire" under the Copyright Act and (ii) that person shall assign all right, title, and interest to COUNTY to any work product made, conceived, derived from or reduced to practice by CONTRACTOR or COUNTY and which result directly or indirectly from this CONTRACT. ii. All materials, including, but not limited to, computer software, visual works or text, reproduced or distributed pursuant to this CONTRACT that include Intellectual Property made, conceived, derived from, or reduced to practice by CONTRACTOR or COUNTY and which result directly or indirectly from this CONTRACT may not be reproduced or disseminated without prior written permission from COUNTY. E. Patent Rights. With respect to inventions made by CONTRACTOR in the performance of this CONTRACT, which did not result from research and development specifically included in the CONTRACT's Scope of Services, CONTRACTOR hereby grants to COUNTY a license as described under Paragraph twenty -four (24)(C) for devices or material incorporating, or made through the use of such inventions. If such inventions result from research and development work specifically included within the CONTRACT's Scope of Services, then CONTRACTOR agrees to assign to COUNTY, without additional compensation, all its right, title and interest in and to such inventions and to assist COUNTY in securing United States and foreign patents with respect thereto. F. Third -Party Intellectual Property. Except as provided herein, CONTRACTOR agrees that its performance of this CONTRACT shall not be dependent upon or include any Intellectual Property of CONTRACTOR or third party without first: (i) obtaining COUNTY'S prior written approval; and (ii) granting to or obtaining for COUNTY'S, without additional compensation, a license, as described in Paragraph twenty -four (24)(C), for any of CONTRACTOR's or third - party's Intellectual Property in existence prior to the effective date of this CONTRACT. If such a license upon these terms is unattainable, and COUNTY determines that the Intellectual Property should be included in or is required for CONTRACTOR's performance of this CONTRACT, CONTRACTOR shall obtain a license under terms acceptable to COUNTY. G. Warranties. I. CONTRACTOR represents and warrants that: a. CONTRACTOR has secured and will secure all rights and licenses necessary for its performance of this CONTRACT. b. Neither CONTRACTOR's performance of this CONTRACT, nor the exercise by either PARTY of the rights granted in this CONTRACT, nor any use, reproduction, manufacture, sale, offer to sell, import, export, modification, public and private display /performance, distribution, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by CONTRACTOR or COUNTY and which result directly or indirectly from this CONTRACT will infringe upon or violate any Intellectual Property right, non - disclosure obligation, or other County of Orange Page 16 of 37 City of Santa Ana OC Community Resources Contract FYs 72b1§(fj Itfessional -M/ Contract # 16 -28- 0039 -RWS proprietary right or interest of any third -party or entity now existing under the laws of, or hereafter existing or issued by, any state, the United States, or any foreign country. There are currently no actual or threatened claims by any such third party based on an alleged violation of any such right by CONTRACTOR. c. Neither CONTRACTOR's performance nor any part of its performance will violate the right of privacy of, or constitute a libel or slander against any person or entity. d. CONTRACTOR has secured and will secure all rights and licenses necessary for Intellectual Property including, but not limited to, consents, waivers or releases from all authors of music or performances used, and talent (radio, television and motion picture talent), owners of any interest in and to real estate, sites locations, property or props that may be used or shown. e. CONTRACTOR has not granted and shall not grant to any person or entity any right that would or might derogate, encumber, or interfere with any of the rights granted to COUNTY in this CONTRACT. f. CONTRACTOR has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this CONTRACT for the acquisition, operation or maintenance of computer software in violation of copyright laws. g. CONTRACTOR has no knowledge of any outstanding claims, licenses or other charges, liens or encumbrances of any kind or nature whatsoever that could affect in any way CONTRACTOR's performance of this CONTRACT. ii. COUNTY MAKES NO WARRANTY, THAT THE INTELLECTUAL PROPERTY RESULTING FROM THIS CONTRACT DOES NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR THE LIKE, NOW EXISTING OR SUBSEQUENTLY ISSUED. H. Intellectual Property Indemnity I. CONTRACTOR shall indemnify, defend and hold harmless COUNTY and its licensees and assignees, and its officers, DIRECTOR, employees, agents, representatives, successors, and users of its products, ( "INDEMNITEES ") from and against all claims, actions, damages, losses, liabilities (or actions or proceedings with respect to any thereof), whether or not rightful, arising from any and all actions or claims by any third party or expenses related thereto (including, but not limited to, all legal expenses, court costs, and attorney's fees incurred in investigating, preparing, serving as a witness in, or defending against, any such claim action, or proceeding, commenced or threatened) to which any of the INDEMNITEES may be subject, whether or not CONTRACTOR is a party to any pending or threatened litigation, which arise out of or are related to (i) the incorrectness or breach of any of the representations, warranties, covenants or contracts of CONTRACTOR pertaining to Intellectual Property; or (ii) any Intellectual Property infringement, or any other type of actual or alleged infringement claim, arising out of COUNTY'S use, reproduction, manufacture, sale, offer to sell, distribution, import, export, modification, public and private performance /display, license, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by CONTRACTOR or COUNTY and which result directly or indirectly from this CONTRACT. County of Orange Page 17 of 37 City of Santa Ana OC Community Resources Contract FYs 2020 AWSNSssional -MI Contract # 16 -28- 0039 -RWS This indemnity obligation shall apply irrespective of whether the infringement claim is based on a patent, trademark or copyright registration that was issued after the effective date of this CONTRACT. COUNTY reserves the right to participate in and /or control, at CONTRACTOR's expense, any such infringement action brought against COUNTY. ii. Should any Intellectual Property licensed by the CONTRACTOR to COUNTY under this CONTRACT become the subject of an Intellectual Property infringement claim CONTRACTOR will exercise its authority reasonably and in good faith to preserve COUNTY'S right to use the licensed Intellectual Property in accordance with this CONTRACT at no expense to COUNTY. COUNTY shall have the right to monitor and appear through its own counsel (at CONTRACTOR's expense) in any such claim or action. In the defense or settlement of the claim, CONTRACTOR may obtain the right for COUNTY to continue using the licensed intellectual Property or, replace or modify the licensed Intellectual Property, so that the replaced or modified Intellectual Property becomes non - infringing provided that such replacement or modification is functionally equivalent to the original licensed Intellectual Property. If such remedies are not reasonably available, COUNTY may be entitled to a refund of all monies paid under this CONTRACT, without restriction or limitation of any other rights and remedies available at law or in equity. CONTRACTOR agrees that damages alone would be inadequate to compensate COUNTY for breach of any term of these Intellectual Property provisions of Paragraphs twenty -four (24)(A) through twenty -four (24)(1) by CONTRACTOR. CONTRACTOR acknowledges COUNTY would suffer irreparable harm in the event of such breach and agrees COUNTY shall be entitled to obtain equitable relief, including without limitation an injunction, from a court of competent jurisdiction, without restriction or limitation of any other rights and remedies available at law or in equity. Survival. The provisions set forth herein shall survive any termination or expiration of this CONTRACT or any CONTRACT schedule. 25. Disputes— Contract: A. The PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this CONTRACT is not disposed of in a reasonable period of time by the CONTRACTOR'S PROJECT MANAGER and the COUNTY'S PROJECT MANAGER, such matter shall be brought to the attention of the COUNTY'S PROJECT MANAGER by way of the following process: i. The CONTRACTOR shall submit to the agency /department assigned PROJECT MANAGER a written demand for a final decision regarding the disposition of any dispute between the PARTIES arising under, related to, or involving this CONTRACT, unless the COUNTY, on its own initiative, has already rendered such a final decision. ii. The CONTRACTOR's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the CONTRACT, the CONTRACTOR shall include with the demand a written County of Orange Page 18 of 37 City of Santa Ana OC Community Resources Contract FYs 7b��1�RW.P. fessional -MI Contract # 16 -28- 0039 -RWS statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the CONTRACTOR believes the COUNTY is liable. B. Pending the final resolution of any dispute arising under, related to, or involving this CONTRACT, the CONTRACTOR agrees to proceed with the provision of services under this CONTRACT. The CONTRACTOR's failure to proceed shall be considered a material breach of this CONTRACT. Any final decision of the COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the CONTRACT MANAGER. If the COUNTY fails to render a decision within ninety (90) days after receipt of the CONTRACTOR'S demand, it shall be deemed a final decision adverse to the CONTRACTOR's contentions. Nothing in this Paragraph 25 shall be construed as affecting the COUNTY'S right to terminate the CONTRACT for Cause or Terminate for Convenience as stated in Paragraph K herein. 26. Complaint Handling Procedures: CONTRACTOR shall comply with the "Complaint Handling Procedures ", a copy of which is available from the PROJECT MANAGER. CONTRACTOR shall advise participants of their right to file complaints and of the procedures for resolution of any complaints. CONTRACTOR shall follow the COUNTY'S procedures for handling complaints which is available from the COUNTY'S PROJECT MANAGER for alleging a violation of regulations, grants or other agreements. Any decision of the COUNTY, the State or the federal government relating to the complaint shall be binding on CONTRACTOR. 27. EDD Independent Contractor Reporting Requirements: Effective January 1, 2001, the County of Orange is required to file federal Form 1099 -Misc for services received from a "service provider" to whom the COUNTY pays $600 or more or with whom the COUNTY enters into a contract for $600 or more within a single calendar year attached hereto as Exhibit 6 and incorporated herein by this reference. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as "an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the state." The term is further defined by the California Employment Development Department to refer specifically to independent contractors. An independent contractor is defined as "an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California." The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies. Additional information on this reporting requirement can be found at the California Employment Development Department web site located at 28. Gratuities: The CONTRACTOR warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTOR to any officer or employee of the COUNTY with a view toward securing the CONTRACT or securing favorable County of Orange Page 19 of 37 City of Santa Ana OC Community Resources Contract FYs 20 2 -1N AWS21'ssional -MI Contract # 16 -28- 0039 -RWS treatment with respect to any determinations concerning the performance of the CONTRACT. For breach or violation of this warranty, the COUNTY shall have the right to terminate the CONTRACT, either in whole or in part, and any loss or damage sustained by the COUNTY in procuring on the open market any services which the CONTRACTOR agreed to supply shall be borne and paid for by the CONTRACTOR. The rights and remedies of the COUNTY provided in this Paragraph 28 shall not be exclusive and are in addition to any other rights and remedies provided by law or under the CONTRACT. 29. Sectarian Activities: CONTRACTOR certifies that this CONTRACT does not aid or advance any religious sect, church or creed for a purpose that is sectarian in nature, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination. 30. Drug Free Workplace: CONTRACTOR shall execute and abide by the Drug Free Workplace Certification attached hereto as Exhibit 2 and incorporated herein by this reference. 31. Debarment: CONTRACTOR shall execute and abide by the Debarment & Suspension Certification, attached hereto as Exhibit 3 and incorporated herein by this reference, and by so doing declares that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal /State assistance programs in accordance with 29 CFR Part 98. 32. Lobbying: A. CONTRACTOR shall execute and abide by the terms of the "Certification Regarding Lobbying," which is attached hereto as Exhibit 4 and incorporated herein by this reference. CONTRACTOR shall complete and immediately forward to the COUNTY'S PROJECT MANAGER the "Disclosure Form to Report Lobbying," a copy of which is attached hereto as Exhibit 5 and incorporated herein by this reference, if CONTRACTOR, or any person, firm or corporation acting on CONTRACTOR's behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this CONTRACT or funds to be received by CONTRACTOR pursuant to this CONTRACT. B. CONTRACTOR agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law. C. CONTRACTOR shall be in compliance with the Byrd Anti - Lobbying Amendment (31 U.S.C. 1352 and 29 CFR Part 93). 33. Fraud: CONTRACTOR shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity under this CONTRACT. CONTRACTOR shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice. The County's Anti -Fraud Program can be accessed through: httD : / /occiov.com /gov /risk/r)rocirams /antifraud. 34. Standards of Conduct: A. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This CONTRACT will be administered in an impartial manner, free from efforts to attain personal, financial or political gain. CONTRACTOR, its officers and County of Orange Page 20 of 37 City of Santa Ana OC Community Resources Contract FYs 2 Mw—Y2 fessional-MI Contract # 16 -28- 0039 -R WS employees, in administering this CONTRACT, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. Employment of Former State or COUNTY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or COUNTY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this CONTRACT, will not be assigned to any part or phase of the activities conducted pursuant to this CONTRACT for a period of not less than two years following the termination of such employment. C. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with CONTRACTOR. D. Conducting Business Involving Close Personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this CONTRACT, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR or an elected official in the area or a staff person or consultant who is a member or officer of the Board of Directors or other official governing body of CONTRACTOR, a permanent record of the transaction will be retained. E. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR, elected official in the area, or any staff person or consultant who is a member or officer of the Board of Directors or other official governing body of CONTRACTOR will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or COUNTY. 35. News /Information Release: The CONTRACTOR agrees that it will not issue any news releases in connection with either the award of this CONTRACT or any subsequent amendment of or effort under this CONTRACT without first obtaining review and written approval of said news releases from the COUNTY through COUNTY'S PROJECT MANAGER. 36. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the PARTIES' routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in- person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate PARTY at the address stated herein or such other address as the PARTIES hereto may designate by written notice from time to time in the manner aforesaid. County of Orange Page 21 of 37 City of Santa Ana OC Community Resources Contract FYs 2WAv- 23'ssional -MI Contract# 16 -28- 0039 -RWS For COUNTY: County of Orange OC Community Resources Community Investment Division COUNTY'S PROJECT MANAGER 1300 South Grand Ave., Bldg. 'B', 31d Fir Santa Ana, CA 92705 -4407 For CONTRACTOR: City of Santa Ana/ Santa Ana Workforce Investment Board CONTRACTOR'S PROJECT MANAGER 20 Civic Center Plaza Santa Ana, CA 92701 -4058 37. Literature /Publicity: Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this CONTRACT shall state that its program, wholly or in part, is funded through COUNTY, State and federal government funds; are supported by the County of Orange and the Orange County Workforce Development Board and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 38. Ownership of Documents: The COUNTY has permanent ownership of all directly connected and derivative materials produced under this CONTRACT by the CONTRACTOR. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the COUNTY and may be used by the COUNTY as it may require without additional cost to the COUNTY. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the CONTRACTOR without the express written consent of the COUNTY. 39. Precedence: The CONTRACT documents consist of this CONTRACT and its Attachments and Exhibits. In the event of a conflict between or among the CONTRACT documents, the order of precedence shall be the provisions of the main body of this CONTRACT, i.e., those provisions set forth in the Recitals and Paragraphs of this CONTRACT, and then the Attachments and Exhibits. 40. COUNTY'S PROJECT MANAGER: The COUNTY shall appoint a PROJECT MANAGER to act as liaison between the COUNTY and the CONTRACTOR during the term of this CONTRACT. The COUNTY'S PROJECT MANAGER shall coordinate the activities of the COUNTY staff assigned to work with the CONTRACTOR. 41. Reports /Meetings: The CONTRACTOR shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in this CONTRACT. The COUNTY'S PROJECT MANAGER and the CONTRACTOR's PROJECT MANAGER will meet on reasonable notice to discuss the CONTRACTOR's performance and progress under this CONTRACT. If requested, the CONTRACTOR's PROJECT MANAGER and other CONTRACT personnel shall attend all meetings. The CONTRACTOR shall provide such information that is requested by the COUNTY for the purpose of monitoring progress under this CONTRACT. CONTRACTOR shall maintain records and submit such records, data and information regarding the performance of CONTRACTOR'S services, activities, cost or other data relating to this CONTRACT, in the form and at such time as PROJECT MANAGER may require. PROJECT MANAGER may modify the provisions of this Paragraph 41 without further Board of Supervisors action upon written notice to CONTRACTOR. 42. Termination — Orderly: After receipt of a termination notice from the County of Orange, the CONTRACTOR shall submit to the COUNTY a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than sixty (60) days from the effective date of the termination, unless one or more extensions in writing are granted by County of Orange Page 22 of 37 City of Santa Ana OC Community Resources Contract FYs2pjfyQ8w4 Y4fessional -MI Contract #16 -28- 0039 -RWS the COUNTY upon written request of the CONTRACTOR. Upon termination COUNTY agrees to pay the CONTRACTOR for all services performed prior to termination which meet the requirements of the CONTRACT, provided, however, that such compensation plus previously paid compensation shall not exceed the total compensation set forth in the CONTRACT. Upon termination or other expiration of this CONTRACT, each PARTY shall promptly return to the other PARTY all papers, materials, and other properties of the other held by each for purposes of execution of the CONTRACT. In addition, each PARTY will assist the other PARTY in orderly termination of this CONTRACT and the transfer of all aspects, tangible and intangible, as may be necessary for the orderly, non - disruptive business continuation of each PARTY. 43. Errors and Omissions: All reports, files and other documents prepared and submitted by CONTRACTOR shall be complete and shall be carefully checked by the professional(s) identified by CONTRACTOR as PROJECT MANAGER and key personnel attached hereto, prior to submission to the COUNTY. CONTRACTOR agrees that COUNTY review is discretionary and CONTRACTOR shall not assume that the COUNTY will discover errors and /or omissions. If the COUNTY discovers any errors or omissions prior to approving CONTRACTOR'S reports, files and other written documents, the reports, files or documents will be returned to CONTRACTOR for correction. Should the COUNTY or others discover errors or omissions in the reports, files or other written documents submitted by CONTRACTOR after COUNTY approval thereof, COUNTY approval of CONTRACTOR's reports, files or documents shall not be used as a defense by CONTRACTOR in any action between the COUNTY and CONTRACTOR, and the reports, files or documents will be returned to CONTRACTOR for correction. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK County of Orange Page 23 of 37 City of Santa Ana OC Community Resources Contract FYs 22/yAv- 25essional -MI Contract it 16 -28- 0039 -RWS Program Specific Terms and Conditions 44. Participants A. Eligibility. Only participants who have been determined to meet all federal eligibility requirements to receive training hereunder shall be enrolled by CONTRACTOR in any occupational training. Determinations that participants meet federal eligibility requirements shall be made by One Stop Centers funded by COUNTY, and, when applicable, by WIOA Service Providers. B. Benefits. Benefits shall be provided to participants in accordance with the standards and requirements set forth in the Act, including Section 181. C. Rights and Privileges. All participants enrolled in courses pursuant to the CONTRACT shall be entitled to all the rights and privileges to which other CONTRACTOR students are entitled, including, but not limited to, special instruction, use of facilities on CONTRACTOR's premises such as the libraries and learning centers, counseling, student body activities, and veterans' benefits. CONTRACTOR's representatives will provide academic counseling for participants and inform them of CONTRACTOR's services available to them. D. Labor Standards. CONTRACTOR shall adhere to the Labor Standards described in the Act, including Section 181 of the Act, and all other applicable codes and regulations. 45. Policies and Procedures: CONTRACTOR shall monitor its program for compliance with the provisions of this CONTRACT. CONTRACTOR shall also comply with all applicable parts of COUNTY'S WIOA Policies and Procedures for recruitment, intake, assessment and referral, copies of which are available from COUNTY'S PROJECT MANAGER. 46. Budget Schedule CONTRACTOR agrees that the expenditures of any and all funds under this CONTRACT will be in accordance with the Budget Schedule, a copy of which is attached hereto as Attachment C, and which by this reference is incorporated herein and made a part hereof as if fully set forth. 47. Modification of Budget Schedule A. Upon written approval of CONTRACT MANAGER, CONTRACTOR shall have the authority to transfer allocated program funds from one category of the overall program budget to any other category of the overall program budget, as long as the amount of the total contract is not increased and the basic goals and objectives of the program are not altered. No such transfer may be made without the express prior written approval of CONTRACT MANAGER. A modification of the Budget Schedule may include the addition of any new budget category. Approval of the Budget Modification by CONTRACT MANAGER includes approval of the new Budget Category. Budget modifications are limited to once each Quarter. B. CONTRACTOR may submit a program or budget modification request in response to the modification of program components and /or service levels which significantly alter CONTRACTOR's Scope of Services. Without further Board action, DIRECTOR may execute amendments to this CONTRACT modifying CONTRACTOR's services in amounts that do not collectively increase by more than ten percent (10 %) the price of said services under this CONTRACT when originally executed. Increases in excess of ten percent (10 %) of the original CONTRACT price, must be approved by the COUNTY'S Board of Supervisors. County of Orange Page 24 of 37 City of Santa Ana OC Community Resources Contract FYs 2 =46 fessional -MI Contract # 16 -28- 0039 -RWS 48. Sweat -free Code of Conduct: All CONTRACTORS contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, or supplies have been furnished to the CONTRACTOR from sources that include sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The CONTRACTOR further declares under penalty of perjury that they adhere to the Sweat -free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. The CONTRACTOR agrees to cooperate fully in providing reasonable access to the CONTRACTOR's records, documents, agents or employees, or premises if reasonably required by authorized officials of the State or COUNTY, the Department of Industrial Relations, or the Department of Justice to determine the CONTRACTOR's compliance with the requirements under Paragraph 48 of the Sweat -free Code of Conduct. 49. Annual Audit: CONTRACTOR shall arrange for an independent audit to be performed by a Certified Public Accountant, which shall include an audit of the WIOA funds received from COUNTY, in accordance with the Act, 20 CFR WIOA NPRM Part 683.200, and 2 CFR 200 Subpart F and 2 CFR 2900 Subpart F. CONTRACTOR shall submit two (2) copies of each required audit report to COUNTY within thirty (30) days after the date received by CONTRACTOR. 50. Corporate Status: All corporate CONTRACTORS shall be registered with the California Secretary of State and shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board, or Internal Revenue Service. Any change in corporate status or suspension shall be reported by CONTRACTOR immediately in writing to COUNTY'S PROJECT MANAGER. 51. Equipment: All computer - related and electronic equipment purchased with funds provided under this CONTRACT or which are furnished to CONTRACTOR by COUNTY shall be considered Equipment. This includes, but is not limited to laptops, desktop computers, iPads, cell phones, PDAs, cameras, and DVD players. Title to all items of Equipment purchased vests and will remain in COUNTY as such shall be designated by COUNTY'S PROJECT MANAGER. The use of such items of Equipment is limited to the performance of this CONTRACT. Upon the termination of this CONTRACT, CONTRACTOR shall immediately return any items of Equipment to COUNTY or its representatives, or dispose of them in accordance with the directions of COUNTY'S PROJECT MANAGER. CONTRACTOR further agrees to the following: A. To maintain all items of Equipment in good working order and condition, except for normal wear and tear. B. To label all items of Equipment, do periodic inventories as required by COUNTY'S PROJECT MANAGER and to maintain an inventory list showing where and how the Equipment is being used, in accordance with procedures developed by COUNTY'S PROJECT MANAGER. All such lists shall be submitted to COUNTY'S PROJECT MANAGER within ten (10) days of the request therefore. Inventory lists must be maintained for four (4) years after final disposition of property. C. To report in writing to COUNTY'S PROJECT MANAGER immediately after discovery, the loss or theft of any items of Equipment. For stolen items, the local law enforcement agency must be contacted and a copy of the police report submitted to COUNTY'S PROJECT MANAGER. County of Orange Page 25 of 37 City of Santa Ana OC Community Resources Contract FYs 20 f40 ®WVs27 ssional -MI Contract # 16 -26- 0039 -RWS D. To purchase a policy or policies of insurance covering loss or damage to any and all Equipment purchased under this CONTRACT, in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief and special extended perils (all risks) covering the PARTIES' interests as they appear. E. The purchase of any Equipment by CONTRACTOR shall be requested by CONTRACTOR in writing, shall require the prior written approval of DIRECTOR and shall fulfill the provisions of this CONTRACT which are appropriate and directly related to CONTRACTOR's service or activity under the terms of this CONTRACT. COUNTY may refuse reimbursement for any costs resulting from Equipment purchased, which are incurred by CONTRACTOR, if prior written approval has not been obtained from COUNTY'S PROJECT MANAGER. 52. Compliance with COUNTY WIOA Policies and Procedures: If any services under this Agreement are funded by WIOA, CONTRACTOR shall comply with all applicable parts of COUNTY's WIOA Policies and Procedures. Said Policies and Procedures may be modified by COUNTY's PROGRAM MANAGER upon ten (10) days written notice to CONTRACTOR. 53. Publication: No copies of sketches, schedules, written documents, computer based data, photographs, maps or graphs, including graphic art work, resulting from performance or prepared in connection with this CONTRACT, are to be released by CONTRACTOR and /or anyone acting under the supervision of CONTRACTOR to any person, partnership, company, corporation, or agency, without prior written approval by the COUNTY, except as necessary for the performance of the services of this CONTRACT. All press releases, including graphic display information to be published in newspapers, magazines, etc., are to be administered only by the COUNTY unless otherwise agreed to by both PARTIES. 54. Approved Scope of Services: This CONTRACT is based upon the information and representations contained in Attachment B, CONTRACTORS's approved Scope of Services. CONTRACTOR agrees to comply with all provisions, to perform all work, and to provide all services set forth in this CONTRACT. The specific program components to be performed by CONTRACTOR and the service levels to be utilized by COUNTY for program evaluation and monitoring include, but are not limited to, those listed in Attachment B hereto. Services to be provided hereunder shall be restricted to those described in Attachment B. 55. Instructors: CONTRACTOR shall ensure that every instructor involved in the training of participants hereunder shall be qualified to instruct in the program or training component in which he /she acts as an instructor, and that every instructor required to be certified or licensed is appropriately certified or licensed by the State or other licensing or certifying authority. 56. Other Requirements — Program Confidentiality A. Without prejudice to any other section of this CONTRACT, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and State law. However, CONTRACTOR shall submit to COUNTY, the State of California and /or the United States government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of reports submitted by CONTRACTOR, costs incurred and services rendered hereunder. County of Orange Page 26 of 37 City of Santa Ana OC Community Resources Contract FYs 221 WKhtessional -MI Contract # 16 -28- 0039 -RWS B. CONTRACTOR shall require all of its employees, agents, subcontractors and volunteer staff who may provide services to CONTRACTOR under this CONTRACT to sign an agreement with CONTRACTOR before commencing the provision of any such services, to maintain the confidentiality of any and all materials and information with which they may come into contact, or the identities or any identifying characteristics or information with respect to any and all participants referred to CONTRACTOR by COUNTY, except as may be required to provide services under this CONTRACT or to those specified in this CONTRACT as having the capacity to audit CONTRACTOR, and as to the latter, only during such audit. CONTRACTOR shall provide reports and any other information required by COUNTY in the administration of this CONTRACT, and as otherwise permitted by law. C. The State of California Information Practices Act of 1977 sets forth certain requirements and safeguards regarding records pertaining to individuals, including the rights of access by the subject individual and by third parties. The disclosure of information from student records is governed by the Federal Family Educational Rights and Privacy Act (FERPA) and in part by the State of California Education Code and CONTRACTOR Policies Applying to the Disclosure of Information and Student Records. It is the purpose of these policies to provide reasonable interpretations of those laws and to protect the student's right to privacy. The Federal Family Educational Rights and Privacy Act (FERPA) is a U.S. federal law that protects the privacy of student records. Generally, this law states schools must have written permission from the student in order to release any information from a student's education record. The CONTRACTOR shall be guided by the following principles: (1) the release of any personally identifiable student information to any third parties shall be managed in ways that are in compliance with FERPA and (2) the information in the student's file should be disclosed to the student upon request. Therefore, CONTRACTOR shall procure the written consent from students enrolled through the COUNTY allowing CONTRACTOR to disclose to the participants' employer, County of Orange, State of California, or U.S. Department of Labor student information such as grades, academic disputes and other matters related to a student's status as a student. Such consent shall be obtained materially in the form, titled Family Educational Rights and Privacy Act (FERPA) Authorization to Release Information to a Designated Third Party. D. CONTRACTOR agrees that any and all subcontracts entered into shall be subject to the confidentiality requirements of this CONTRACT. 57. Compliance with Law — CONTRACT: In its performance under this CONTRACT, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this CONTRACT: A. The Act and all applicable federal statues, regulations, policies, procedures and directives, including but not limited to, 20 CFR WIOA NPRM Parts 676 through 678 and Parts 675, 679 through 687. I. All applicable standards and orders and requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Environmental Protection Agency regulations in contracts in excess of $100,000. County of Orange Page 27 of 37 City of Santa Ana OC Community Resources Contract FYs 202MWssional -Mi Contract # 16 -28- 0039 -RWS ii. All mandatory standards and policies relating to energy efficiency as particularized in the state Energy Conservation Plan (Title 20, California Code of Regulations), as required by the U.S. Energy Policy and Conservation Act (P.L. 94 -163) as each may now exist or be thereafter amended; B. All applicable State statues, regulations, policies, procedures and directives; C. All applicable COUNTY policies, procedures and directives; D. All applicable local ordinances and requirements, including use permits and licensing; E. Court orders applicable to CONTRACTOR's operations; and F. The terms and conditions of this CONTRACT, including Attachments and Exhibits. 58. Signature in Counterparts: The PARTIES agree that separate copies of the CONTRACT may be signed by each of the PARTIES, and this CONTRACT will have the same force and effect as if the original had been signed by all PARTIES. 59. DUNS Number and Related Information: The DUNS number is a unique 9 -digit identifier issued and maintained by Dun & Bradstreet (D &B) that verifies the existence of a business entity. The DUNS number is needed to coordinate with the System for Award Management (SAM) that combines federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. https: / /www.SAM.gov The DUNS number must be provided to COUNTY prior to the execution of this CONTRACT. CONTRACTOR shall ensure all DUNS information is up to date and the DUNS number status is "active," prior to execution of this CONTRACT. If COUNTY cannot access the CONTRACTOR's DUNS information related to this federal sub award on the Federal Funding Accountability and Transparency Act Sub award Reporting System (SAM.GOV) due to errors in the CONTRACTOR's data entry for its DUNS number, the CONTRACTOR must immediately update the information as required. 60. Pell Grants /HEA Title IV: If CONTRACTOR provides any services under this CONTRACT to applicants for or recipients of Pell Grants or awards pursuant to Title IV of the Higher Education Act, CONTRACTOR shall cooperate with COUNTY'S PROJECT MANAGER in coordinating these grants and awards with WIOA funding in accordance with 20 CFR WIOA NPRM 680.320 and Section 134 (d) of the Act. CONTRACTOR shall inform COUNTY'S PROJECT MANAGER in writing of the amounts and disposition of any Pell Grants, Higher Education Act Title IV awards and other financial aid granted to each WIOA participant under this CONTRACT. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK County of Orange Page 28 of 37 City of Santa Ana OC Community Resources Contract FYs 22br-10tessional -MI Contract # 16 -28- 0039 -RWS General Terms and Conditions: A. Governing Law and Venue: This CONTRACT has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this CONTRACT, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange COUNTY, California, and the PARTIES hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the PARTIES specifically agree to waive any and all rights to request that an action be transferred for trial to another COUNTY. B. Entire Contract: This CONTRACT, including Attachments A, B, C and D, and Exhibits 1, 2, 3, 4, 5, 6, and 7 which are attached hereto and incorporated herein by this reference, when accepted by the CONTRACTOR either in writing or by the shipment of any article or other commencement of performance hereunder, contains the entire CONTRACT between the PARTIES with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on COUNTY unless authorized by COUNTY in writing. Electronic acceptance of any additional terms, conditions or supplemental contracts by any COUNTY employee or agent, including but not limited to installers of software, shall not be valid or binding on COUNTY unless accepted in writing by CONTRACT MANAGER. C. Amendments: No alteration or variation of the terms of this CONTRACT shall be valid unless made in writing and signed by the PARTIES ; no oral understanding or agreement not incorporated herein shall be binding on either of the PARTIES; and no exceptions, alternatives, substitutes or revisions are valid or binding on COUNTY unless authorized by COUNTY in writing. D. Taxes: Intentionally left blank E. Delivery: Time of delivery of services is of the essence in this CONTRACT. COUNTY reserves the right to refuse any services and to cancel all or any part of the descriptions or services that do not conform to the prescribed Scope of Services. Delivery shall not be deemed to be complete until all services have actually been received and accepted in writing by COUNTY. F. Acceptance /Payment: Unless otherwise agreed to in writing by the COUNTY, 1) acceptance shall not be deemed complete unless in writing and until all the services have actually been received to the satisfaction of COUNTY, and 2) payment shall be made in arrears after satisfactory acceptance. G. Warranty: CONTRACTOR expressly warrants that the services covered by this CONTRACT are fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon CONTRACTOR's part to indemnify, defend and hold COUNTY and COUNTY INDEMNITEES as identified in Paragraph HH below, and as more fully described in Paragraph HH, harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by COUNTY by reason of the failure of the services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non - compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law. H. Patent/Copyright Materials /Proprietary Infringement: Unless otherwise expressly provided in this CONTRACT, CONTRACTOR shall be solely responsible for clearing the County of Orange Page 29 of 37 City of Santa Ana OC Community Resources Contract FYs 2020 y1NS13irssional -MI Contract # 16 -28- 0039 -RWS right to use any patented or copyrighted materials in the performance of this CONTRACT. CONTRACTOR warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. CONTRACTOR agrees that, in accordance with the more specific requirement contained in Paragraph HH below, it shall indemnify, defend and hold COUNTY and COUNTY INDEMNITIES harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, but not limited to, attorney's fees, costs and expenses. I. Assignment or Sub - Contracting: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the PARTIES. Furthermore, neither the performance of this CONTRACT nor any portion thereof may be assigned or sub - contracted by CONTRACTOR without the express written consent of COUNTY. Any attempt by CONTRACTOR to assign or sub - contract the performance or any portion thereof of this CONTRACT without the express written consent of COUNTY shall be invalid and shall constitute a breach of this CONTRACT. J. Non- Discrimination: In the performance of this CONTRACT, CONTRACTOR agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. CONTRACTOR acknowledges that a violation of this provision shall subject CONTRACTOR to all the penalties imposed for a violation of Section 1720 at seq. of the California Labor Code. K. Termination: In addition to any other remedies or rights it may have by law, COUNTY has the right to terminate this CONTRACT without penalty immediately with cause or after 30 days' written notice without cause, unless otherwise specified. Cause shall be defined as any breach of CONTRACT, any misrepresentation or fraud on the part of the CONTRACTOR. Exercise by COUNTY of its right to terminate the CONTRACT shall relieve COUNTY of all further obligations. L. Consent to Breach Not Waiver: No term or provision of this CONTRACT shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the PARTY claimed to have waived or consented. Any consent by any PARTY to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. M. Remedies Not Exclusive: The remedies for breach set forth in this CONTRACT are cumulative as to one another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this CONTRACT does not preclude resort by either PARTY to any other remedies provided by law. N. Independent CONTRACTOR: CONTRACTOR shall be considered an independent CONTRACTOR and neither CONTRACTOR nor its employees; nor anyone working under CONTRACTOR shall be considered an agent or an employee of COUNTY. Neither CONTRACTOR nor its employees; nor anyone working under CONTRACTOR shall qualify for workers' compensation or other fringe benefits of any kind through COUNTY. O. Performance: CONTRACTOR shall perform all work under this CONTRACT, taking necessary steps and precautions to perform the work to COUNTY'S satisfaction. CONTRACTOR shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other services furnished by the CONTRACTOR under this CONTRACT. CONTRACTOR shall perform all work County of Orange Page 30 of 37 City of Santa Ana OC Community Resources Contract FYs 22WSPgfessional -MI Contract # 16 -28- 0039 -RWS diligently, carefully, and in a good and workman -like manner; shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary therefore; shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of COUNTY required in its governmental capacity, in connection with performance of the work; and, if permitted to subcontract, shall be fully responsible for all work performed by subcontractors. Insurance: Insurance Provisions Prior to the provision of services under this CONTRACT, the CONTRACTOR agrees to purchase all required insurance at CONTRACTOR's expense, including all endorsements required herein, necessary to satisfy the COUNTY that the insurance provisions of this CONTRACT have been complied with. CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurances, and endorsements on deposit with the COUNTY during the entire term of this CONTRACT. In addition, all subcontractors performing work on behalf of CONTRACTOR pursuant to this CONTRACT shall obtain insurance subject to the same terms and conditions as set forth herein for CONTRACTOR. CONTRACTOR shall ensure that all subcontractors performing work on behalf of CONTRACTOR pursuant to this CONTRACT shall be covered under CONTRACTOR's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less than the level of coverage required by COUNTY from CONTRACTOR under this CONTRACT. It is the obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by CONTRACTOR through the entirety of this CONTRACT for inspection by COUNTY representative(s) at any reasonable time. All self- insured retentions (SIRs) and deductibles shall be clearly stated on the Certificate of Insurance. If no SIRs or deductibles apply, indicate this on the Certificate of Insurance with a zero (0) by the appropriate line of coverage. Any self- insured retention (SIR) or deductible in an amount in excess of $25,000 ($5,000 for automobile liability), which shall specifically be approved by the COUNTY Executive Office (CEO) /Office of Risk Management upon review of CONTRACTOR's current audited financial report. If the CONTRACTOR fails to maintain insurance acceptable to the COUNTY for the full term of this CONTRACT, the COUNTY may terminate this CONTRACT. Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide /Property- Casualty /United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best rating of A- /VIII, the CEO /Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the CONTRACTOR shall provide the minimum limits and coverage as set forth below: County of Orange Page 31 of 37 City of Santa Ana OC Community Resources Contract FYs 22O A — 11ssionat -MI Contract # 16 -28- 0039 -RWS Coverage Minimum Limits Commercial General Liability $1,000,000 per occurrence; $2,000,000 aggregate Automobile Liability including coverage for owned, non - owned, and hired vehicles $1,000,000 per occurrence Workers' Compensation Statutory Employers' Liability Insurance $1,000,000 per occurrence Professional Liability Insurance $1,000,000 per claims made; $1,000,000 aggregate Network Security & Privacy Liability $1,000,000 per claims made Sexual Misconduct Liability $1,000,000 per occurrence Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance: 1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming the State of California, County of Orange, its elected and appointed officials, officers, agents and employees as Additional Insureds. 2) A primary non - contributing endorsement evidencing that the CONTRACTOR's insurance is primary and any insurance or self- insurance maintained by the County of Orange shall be excess and non - contributing. The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, agents and employees as Additional Insureds for its vicarious liability. 2). A primary and non - contributing endorsement evidencing thatthe CONTRACTOR'S insurance is primary and any insurance or self- insurance maintained by the County of Orange shall be excess and non - contributing. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees. County of Orange Page 32 of 37 City of Santa Ana OC Community Resources Contract FYs22I §XW.%PWfessional -MI Contract #16 -28- 0039 -RWS All insurance policies required by this CONTRACT shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. CONTRACTOR shall notify COUNTY in writing within thirty (30) days of any policy cancellation and ten (10) days for non - payment of premium and provide a copy of the cancellation notice to COUNTY. Failure to provide written notice of cancellation may constitute a material breach of the CONTRACT, upon which the COUNTY may suspend or terminate this CONTRACT. If CONTRACTOR's Professional Liability, Technology Errors & Omissions and /or Network Security & Privacy Liability are "Claims Made" policy(ies), CONTRACTOR shall agree to maintain coverage for two (2) years following the completion of the CONTRACT. The Commercial General Liability policy shall contain a severability of interests clause also known as a "separation of insureds" clause (standard in the ISO CG 0001 policy). *Insurance certificates should be forwarded to the agency /department address listed on the solicitation. If the CONTRACTOR fails to provide the insurance certificates and endorsements within seven (7) days of notification to OC Community Resources /Contract Development & Management, award may be made to the next qualified CONTRACTOR. COUNTY expressly retains the right to require CONTRACTOR to increase or decrease insurance of any of the above insurance types throughout the term of this CONTRACT. Any increase or decrease in insurance will be as deemed by County of Orange Risk MANAGER as appropriate to adequately protect COUNTY. COUNTY shall notify CONTRACTOR in writing of changes in the insurance requirements. If CONTRACTOR does not deposit copies of acceptable Certificates of Insurance and endorsements with COUNTY incorporating such changes within thirty (30) days of receipt of such notice, this CONTRACT may be in breach without further notice to CONTRACTOR, and COUNTY shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit CONTRACTOR's liability hereunder nor to fulfill the indemnification provisions and requirements of this CONTRACT, nor act in any way to reduce the policy coverage and limits available from the insurer. *Certificate Holder Information The County of Orange has contracted with Ebix RCS to monitor insurance certificates and endorsements for compliance with the above requirements. Upon initial award of a CONTRACT, the certificate(s) and endorsements(s) should be forwarded to the agency /department address listed on the solicitation. The COUNTY will forward these documents to Ebix RCS on your behalf. Ebix RCS may contact you to advise you of deficiencies and request corrected documents. Please cooperate with their request for information or corrections in order for the COUNTY to continue your CONTRACT through the expiration date. Q. Bills and Liens: Intentionally left blank. R. Changes: Intentionally left blank. County of Orange Page 33 of 37 City of Santa Ana OC Community Resources Contract FYs 202W —U& — U&ssional -MI Contract # 16 -28- 0039 -RWS S. Change of Ownership: CONTRACTOR agrees that if there is a change or transfer in ownership of CONTRACTOR's business prior to completion of this CONTRACT, the new owners shall be required under terms of sale or other transfer to assume CONTRACTOR's duties and obligations contained in this CONTRACT and complete them to the satisfaction of COUNTY. T. Force Majeure: CONTRACTOR shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this CONTRACT caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided CONTRACTOR gives written notice of the cause of the delay to COUNTY within thirty -six (36) hours of the start of the delay and CONTRACTOR avails himself of any available remedies. U. Confidentiality: CONTRACTOR agrees to maintain the confidentiality of all COUNTY and COUNTY - related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this CONTRACT. All such records and information shall be considered confidential and kept confidential by CONTRACTOR and CONTRACTOR's staff, agents and employees. V. Compliance with Laws: CONTRACTOR represents and warrants that services to be provided under this CONTRACT shall fully comply, at CONTRACTOR's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws'), including, but not limited to those issued by COUNTY in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by COUNTY. CONTRACTOR acknowledges that COUNTY is relying on CONTRACTOR to ensure such compliance, and pursuant to the requirements of Paragraph HH below, CONTRACTOR agrees that it shall defend, indemnify and hold COUNTY and COUNTY INDEMNITEES harmless from all liability, damages, costs, and expenses arising from or related to a violation of such laws. W. Freight (F.O.B.): Intentionally left blank. X. Pricing: Intentionally left blank. Y. Intentionally left blank. Z. Terms and Conditions: CONTRACTOR acknowledges that it has read and agrees to all terms and conditions included in this CONTRACT AA. Headings: The various headings and numbers herein, the grouping of provisions of this CONTRACT into separate clauses and Paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof. BB. Severability: If any term, covenant, condition, or provision of this CONTRACT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. CC. Calendar Days: Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. DD. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this CONTRACT, or where any provision hereof is validly asserted as a defense, each PARTY shall bear its own attorney's fees, costs and expenses. EE. Interpretation: This CONTRACT has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this CONTRACT. In addition, each PARTY has been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such County of Orange Page 34 of 37 City of Santa Ana OC Community Resources Contract FYs 2 =418 e ssional -MI Contract # 16 -28- 0039 -RWS counsel despite being encouraged and given the opportunity to do so. Each PARTY further acknowledges that they have not been influenced to any extent whatsoever in executing this CONTRACT by any other PARTY hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this CONTRACT against the PARTY that has drafted it is not applicable and is waived. The provisions of this CONTRACT shall be interpreted in a reasonable manner to affect the purpose of the PARTIES and this CONTRACT. FF. Authority: The PARTIES to this CONTRACT represent and warrant that this CONTRACT has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. GG. Employee Eligibility Verification: The CONTRACTOR warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this CONTRACT meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The CONTRACTOR shall obtain, from all employees, consultants and subcontractors performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The CONTRACTOR shall retain all such documentation for all covered employee, consultants and subcontractors for the period prescribed by the law. The CONTRACTOR shall indemnify, defend with counsel approved in writing by COUNTY, and hold harmless, the COUNTY, and its COUNTY INDEMNITEES, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the CONTRACTOR or the COUNTY or COUNTY INDEMNITEES, or any combination of the three in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this CONTRACT. HH. Mutual Indemnification Provisions: CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special districts and agencies which COUNTY'S Board of Supervisors acts as the governing Board ( "COUNTY INDEMNITEES ") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by CONTRACTOR pursuant to this CONTRACT. ii. COUNTY agrees to indemnify, defend and hold harmless CONTRACTOR, its officers, employees and agents harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by COUNTY pursuant to this CONTRACT. iii. If judgment is entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will be apportioned as determined by the court. Neither PARTY shall request a jury apportionment. County of Orange Page 35 of 37 City of Santa Ana OC Community Resources Contract FVs 2 2ax-37' ssional-MI Contract # 16 -28- 0039 -RWS Audits /Inspections: CONTRACTOR agrees to permit the COUNTY'S Auditor - Controller or the Auditor - Controller's authorized representative (including auditors from a private auditing firm hired by the COUNTY) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable /receivable records, and other papers or property of CONTRACTOR for the purpose of auditing or inspecting any aspect of performance under this CONTRACT. The inspection and /or audit will be confined to those matters connected with the performance of the CONTRACT including, but not limited to, the costs of administering the CONTRACT. The COUNTY will provide reasonable notice of such an audit or inspection. The COUNTY reserves the right to audit and verify the CONTRACTOR's records before final payment is made. CONTRACTOR agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this CONTRACT or by law. CONTRACTOR agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, CONTRACTOR agrees to include a similar right to the COUNTY to audit records and interview staff of any subcontractor related to performance of CONTRACT. Should the CONTRACTOR cease to exist as a legal entity, the CONTRACTOR's records pertaining to this CONTRACT shall be forwarded to the surviving entity in a merger or acquisition or, in the event of liquidation, to the COUNTY'S PROJECT MANAGER. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK County of Orange Page 36 of 37 City of Santa Ana OC Community Resources Contract FYs 7.2�1 TRW �fessional -MI Contract # 16 -28- 0039 -RWS IN WITNESS WHEREOF, the PARTIES hereto certify that they have read and understand all the terms and conditions contained herein and have hereby cause this CONTRACT to be executed. *CITY OF SANTA ANA 0 Name: (Print) Title: Dated: Name: (Pont) Title: *For Contractors that are corporations, signature requirements are as follows: 1) One signature by the Chairman of the Board, the President or any Vice President; and 2) One signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or an Assistant Treasurer. For Contractors that are not corporations, the person who has authority to bind the contractor to a contract, must sign on one of the lines above. COUNTY OF ORANGE A Political Subdivision of the State of California By: Dated:, Steve Franks, Director OC Community Resources APPROVED AS TO FORM DEPUTY COUNTY COUNSEL By: r Dated; /O_/ Y/ / t DEPUTY UNTY COUNSEL � County of Orange Page 37 of 37 City of Santa Ana OC Community Resources Contract FYs 2016.18 RWS Professional -MI Contract # 16.28. 0039 -RWS 20A -39 E@rF0CV"ei'zt1 GENERAL PROGRAM REQUIREMENTS REGIONAL WORKFORCE SERVICES Attachment A The General Program Requirements have been designed to provide the framework wherein the CONTRACTOR will provide workforce services identified in Attachment B. 1. Governance CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of the Workforce Innovation and Opportunity Act (WIOA), Orange County Development Board (OCDB) Policies, Orange County Region Strategic Five -Year Plan, applicable sections of the Welfare and Institutions Code, the California Education Code, the Rehabilitation Act, negotiated Memoranda of Understanding, Title V of the Older Americans Act, federal and state governance documents and /or any other appropriate statutes or requirements, related to the services provided in this CONTRACT. Where local policy has not been set, CONTRACTOR agrees to adhere to state or federal policy, as appropriate. 2. Governance References A. Workforce Investment Act/Workforce Innovation and Opportunity Act - Department of Labor, Employment and Training Administration, 20 CFR Part 652 et al. Workforce Investment Act; Final Rules/WIOA 20CFR Part 676,677and 678. B. Department of Labor, Employment and Training Administration, 20 CFR Part 652 et al. Workforce Investment Act; Final Rules/WIOA 20CFR Part 676,677and 678. C. Department of Labor, Employment and Training Administration, 20 CFR Part 652 et al. Workforce Investment Act; Final Rules. D. Additional state and federal agencies that provide funding to the Orange County Workforce Investment Board that may be incorporated herein. E. Information Bulletins, Directives and any other federal and state guidance documents pertaining to the WIOA. F. All actions, directives, and policy and procedures issued by OC Community Resources /OC Community Services /Community Investment Division /Orange County Development Board (OCDB) or staff relevant to this CONTRACT, specifically Management Information System (MIS) Policies and Procedures, Monitoring Guide Policy and Procedure, Audit Requirements Policy and Procedure and Selective Service Policy and Procedure. G. County of Orange policies, as applicable. 3. Federal Award Identification A. Subrecipient name— City of Santa Ana /Santa Ana Workforce Development Board B. Subrecipient unique entity identifier — 083153247 C. Federal award identification number (FAIN) — AA- 28305- 16- 55 -A -6 D. Federal award date — 4/20/2016 County of Orange Page 1 of 1 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -WS -P 20A -40 Attachment A E. Subaward period of performance — 07/01/2016- 6/30/2018 F. Amount of federal funds obligated by the action — up to $500,000.00 G. Total amount of federal funds obligated to the sub - recipient $36,306,337.00 H. Total amount of the federal award — $36,806,337.00 I. Federal award project description — providing consulting services as related to regional planning and strategic regional activities J. Name of the federal awarding agency, PTE, and contact information for awarding official — DOL/EDD /County of Orange /OCDB K. CFDA number and name — see title page of the agreement L. Whether the award is R &D — No M. Indirect cost rate for the federal award — NA County of Orange Page 2 o 1 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -WS -P 20A -41 r1 p tie M SCOPE OF SERVICES REGIONAL WORKFORCE SERVICES Attachment B 1. PURPOSE The purpose of this CONTRACT is to provide services that support federally funded services offered through the Workforce Innovation and Opportunity Act (WIOA) and by the Orange County Development Board (OCDB) and its CONTRACTORS for Professional Consulting Services in the Orange County Region. 2. SERVICES CONTRACTOR may be called upon to serve one or more or a combination of One -Stop Centers, Business Services, and Youth programs, Special Workforce Development Projects, and other projects and programs to support regional workforce development as funding allows. A. CONTRACTOR will be provided access to the OCDB Project Manager who will assist with the scheduling and information needed to complete the required deliverables for said services and projects. B. Monitoring and Evaluation Services will also be available, if needed. 3. DELIVERABLES A. CONTRACTOR will be called upon to provide at minimum but not limited to the following services on an as- needed basis: i. Regional Planning and Implementation— Collaborate with the OCDB in establishing and facilitating regional goals and objectives; developing regional strategies, policies and programs as part of regional planning and infrastructure development; focus on targeted populations, communities and /or WIOA activities as a key partner in the state identified Regional Planning Unit. ii. Workforce Development Service Activity Regional planning as part of State Regional plan development and identified regional planning unit training coordination WIOA implementation of regional Data analytics, policy analysis, training policies and practices procedure alignment, industry among local workforce forums development boards County of Orange OC Community Resources Page 1 of 2 20A -42 City of Santa Ana Contract # 16 -28- 0039 -WS -P Attachment B SlingShot regional systems Regional system assessment, delivery evaluation and capacity building, and infrastructure development apprenticeship program development Special projects Special projects- focused on targeted populations and communities and /or One- Stop/WIOA activities B. Invoices are due on the 20th of each month for previous month's expenditures in accordance with the OC Community Resources Contract Reimbursement Policy attached herein as Exhibit 7 of this CONTRACT. C. Due dates of project and program development activities will be project specific and will be determined at the time of the project assignment. County of Orange Page 2 of 2 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -WS -P 20A -43 9Llpog� BUDGET REGIONAL WORKFORCE SERVICES Attachment C BUDGET The CONTRACT total shall not exceed $500,000.00. Each project description and corresponding budget under this CONTRACT shall be mutually determined and agreed upon by COUNTY and CONTRACTOR. Project descriptions shall be in Attachment B, herein and corresponding project budgets shall be listed in Attachment C herein. Activities FY 2016 -2018 Regional Planning and Implementation Up to $50,000 Workforce Development Services Up to $200,000 Special Projects* Up to $250,000 Contract amount of $500,000 (Five Hundred Thousand Dollars) are not to extend $250,000 (Two Hundred Fifty Thousand Dollars) for FY 2016 -17 and $250,000 (Two Hundred Fifty Thousand Dollars) for FY 2017 -18. "Note: Special projects will be project specific and will have their own established budgets as mutually agreed upon by COUNTY and CONTRACTOR. Contractor shall not incur cost for such projects until approved in writing by COUNTY. County of Orange Page 1 of 1 City of Santa Ana OC Community Resources Contract # 16 -26- 0039 -WS -P 20A -44 Attachment D U �M r tiQ PERFORMANCE STANDARDS REGIONAL WORKFORCE SERVICES Performance Standards Standards of performance are as follows: All deliverables shall be current and professional in regards to accuracy, design, layout, charts, graphs, and other visual representations of the information including hand -outs, PowerPoint presentations and brochures. 2. All staff related to the project will execute project activities in accordance with the CONTRACT. 3. All deliverables related to the CONTRACT and Scope of Services will not be deemed "received" until reviewed and approved by COUNTY. County of Orange Page 1 of 1 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -WS -P 20A -45 Exhibit 1 COUNTY OF ORANGE CHILD SUPPORT ENFORCEMENT PROVISION CERTIFICATION REQUIREMENTS In order to comply with child support enforcement requirements of the County of Orange, within ten (10) days of award of CONTRACT, the successful CONTRACTOR must furnish to the CONTRACT Administrator, Purchasing Agent or the agency /department Deputy Purchasing Agent: 1. In the case of an individual CONTRACTOR, his /her name, date of birth, Social Security number, and residence address; 2. In the case of a CONTRACTOR doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of 10 percent or more in the contracting entity; A certification that the CONTRACTOR has fully complied with all applicable federal and state reporting requirements regarding its employees; and 3. A certification that the CONTRACTOR has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply. The certifications will be stated as follows: "1 certify that City of Santa Ana is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of CONTRACT # 16 -28- 0039 -RWS -P with the County of Orange. I understand that failure to comply shall constitute a material breach of the CONTRACT and that failure to cure such breach within ten (10) calendar days of notice from the COUNTY shall constitute grounds for termination of the CONTRACT. It is expressly understood that this data will be transmitted to governmental agencies charged with the establishment and enforcement of child support orders and for no other purposes and will be held confidential by those agencies. Failure of the CONTRACTOR to timely submit the data and /or certifications required above or to comply with all federal and state reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of the CONTRACT. Failure to cure such breach within ten (10) calendar days of notice from the COUNTY shall constitute grounds for termination of the CONTRACT. The successful CONTRACTOR information listed above. County of Orange OC Community Resources may use the forms supplied herein, to furnish required Page 1 of 3 City of Santa Ana Contract # 16 -28- 0039 -RWS -P I+ l m . Exhibit 1 County of Orange Child Support Enforcement Certification Requirements (blank form) A. In the case of an individual CONTRACTOR, his /her name, date of birth, Social Security number, and residence address: Name: D.O.B: Social Security No: Residence Address: B. In the case of a CONTRACTOR doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of ten (10) percent or more in the contracting entity: Name: D. 0. B: Social Security No: Residence Address: Name: D.O.B: Social Security No: Residence Address: Name: D.O.B: Social Security No: Residence Address: (Additional sheets may be used if necessary) County of Orange Page 2 of 3 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -RWS -P 20A -47 Exhibit 1 C. A certification that the CONTRACTOR has fully complied with all applicable federal and state reporting requirements regarding its employees; and D. A certification that the CONTRACTOR has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply. '7 certify that City of Santa Ana is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of CONTRACT # 16 -28- 0039 -RWS -P with the County of Orange. I understand that failure to comply shall constitute a material breach of the CONTRACT and that failure to cure such breach within ten (10) calendar days of notice from the COUNTY shall constitute grounds for termination of the CONTRACT. Authorized Signature Print Name Title County of Orange Page 3 of 3 City of Santa Ana OC Community Resources Contract # 16 -26- 0039 -RWS -P KO -• Exhibit 2 DRUG FREE WORKPLACE CERTIFICATION Company /Organization Name of Santa Ana The Contractor or grant recipient named above hereby certifies compliance with Government Code 8355 in matters relating to providing a drug -free workplace. The above named Contractor will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions to be taken against employees for violations of the prohibitions, as required by Government Code Section 8355(a). 2. Establish a Drug Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: A. The dangers of drug abuse in the workplace, B. The person's or organization's policy of maintaining a drug -free workplace, C. Any available drug counseling, rehabilitation and employee assistance programs, and D. Penalties that may be imposed upon employees for drug abuse violations 3. Provide as required by Government code Section 83551 that every employee who works on the proposed contract or grant A. Will receive a copy of the company's drug -free policy statement described in paragraph (1) above, and B. Will agree to abide by the terms of the company's statement as a condition of employment in the contract or grant. CERTIFICATION I, the official named below, hereby swear that 1 am duly authorized legally to bind the contractor or grant recipient to the above described certification. Official's Name Date Executed Contractor or Grantee Recipient Signature and Title County of Orange Page 1 of 1 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -RWS -P 20A -49 Exhibit 3 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160- 19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1) The contractor or grant recipient of Federal assistance funds certifies, by submission of this exhibit document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document. Name Title Authorized Signature County of Orange Page 1 of 2 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -R WS -P 20A -50 Exhibit 3 DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification 1. By signing and submitting this exhibit document, the contractor or grant recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in the clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and /or debarment. 3. The contractor recipient of Federal assistance funds shall provide immediate written notice to the County of Orange/Workforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The contractor or grant recipient of Federal assistance funds agrees by submitting this certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 5. The contractor or grant recipient of Federal assistance funds further agrees by submitting this certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. The contractor or grant recipient in a covered transaction may rely upon a certification of a contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor or grant recipient is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and /or debarment. County of Orange Page 2 of 2 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -RWS -P 20A -51 Exhibit 4 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure. City of Santa Ana Grantee /Contractor Organization Name Title Authorized Signature *Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract /grant transactions over $100,000 (per OMB). County of Orange OC Community Resources 20A -52 City of Santa Ana Contract # 16 -28- 0039 -RWS -P Exhibit 5 INSTRUCTIONS FOR COMPLETION OF SF -LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each Payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with a covered Federal action. Use the SF LLL -A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district. if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e. g, the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts. subgrants and contract awards under grants. 5. If the organization filing the report, in item 4 checks "Subawardee ", then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include congressional district, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP DE 90 09." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan commitment for the primary entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter he cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in kind contribution, specify the nature and value of the in kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted and the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF LLL A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his /her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 0046) Washington D.C., 20503. County of Orange Page 1 of 3 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -RWS -P 20A -53 Exhibit 5 DISCLOSURE OF LOBBYING ACTIVITIES Comolete this form to disclose activities pursuant to 31 U.S.0 1352 1. Type of Federal Actions: 2. Status of Federal Actions: 3. Report Type: a. contract a, bid /offer /application a. initial filing b. grant b. initial award b. material change C. cooperative agreement C. post -award d. loan For material change only: e. loan guarantee Year: Quarter: f. loan insurance Date of last report: 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is a Subawardee: Prime Subawardee Enter Name and Address of Prime: Tier if known Con ressional District, if known: Congressional District, if known: 6. Federal Department / Agency: 7. Federal Program Name /Description 8. Federal Action Number, if known: 9. Award Amount, if known: 10a. Name and Address of Lobbying Entity 10b. Individual Performing Services (if individual, last name, first name, MI): (including address if different from No. 10a) (last name, first name, MI): attach Continuation Sheets SF- LLL -A, if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) $ Actual a. retainer Planned b. one -time free C. commission 12. Form of Payment (check all that apply): a. cash d. contingent fee b. in -kind: specify: e. deferred nature: f. other specify: value: 14. Enter Description of Services performed or to be Performed and date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated on item 11: 15. Continuation sheets SF -LLL -A attached: ❑ Yes ❑ No 16. Information requested through this form authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a Signature: material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information Print Name: will be reported to the Congress semiannually and will be available for public inspection. An person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not Title: more than $100,000 for each such failure. Telephone No: Date: County of Orange Page 2 of 3 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -RWS -P 20A -54 Exhibit 5 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Approved by OMS - 0348 -0046 Reporting BILLING CODES 3410 -01 -C; 6450 -01 -C; 6890 -01 ;6025 -01 -C; 7510-01-C, 35 1 0 -FE -C; 8120 -01 -C; 4710 -24 -C, 6116 -01 -C, County of Orange Page 3 of 3 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -RWS -P 20A -55 Exhibit 6 EDD INDEPENDENT CONTRACTOR REPORTING REQUIREMENTS Effective January 1, 2001, the County of Orange is required to file federal Form 1099 -Misc for services received from a "service provider" to whom the County pays $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term "service provider' is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as "an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a Contract for services performed for that service recipient within or without the state." The term is further defined by the California Employment Development Department to refer specifically to independent contractors. An independent Contractor is defined as "an individual who is not an employee of the..... government entity for California purposes and who receives compensation or executes a Contract for services performed for that.... government entity either in or outside of California." The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies. Additional information on this reporting requirement can be found at the California Employment Development Department web site located at www.edd.ca.gov /txicr.htm. To comply with the reporting requirements, County procedures for contracting with independent contractors mandate that the following information be completed and forwarded to the contracting agency /department immediately upon request: First name, middle initial and last name Social Security Number Address Start and expiration dates of Contract Amount of Contract N/A Exempt First Name & Middle Initial Social Contract Number Date Last Name Value of Contract Expiration County of Orange Page 1 of 1 City of Santa Ana OC Community Resources Contract # 16 -28- 0039 -RWS -P 20A -56 EXHIBIT 7 Q R A N G E C 0 U N 'r Y Community Resources Our community. Our Commitment. Subject: OC Community Resources Effective: July 1, 2010 Contract Reimbursement Policy Revised: January 26, 2016 PURPOSE: This policy contains updated fiscal documentation requirements for contract reimbursement for OC Community Services. The procedures provide instructions for submitting reimbursement demand letter or invoice. EFFECTIVE DATE: July 1, 2010 REVISION DATE: January 26, 2016 REFERENCES: Executed Board of Supervisors approved contract Budget included in contract or presented as an exhibit 48 CFR Part 31 Contract Cost Principles and Procedures 24 CFR Parts 85, 570.502, 570.201, 576.21, 576.51 and 576.61: For Housing & Community Development and Homeless Prevention Contracts only. Pre December 26, 2014 OMB Circular A -21 Cost Principles for Educational Institutions OMB Circular A -87 Cost Principles for State, Local, and Indian Tribal Governments OMB Circular A -122 Cost Principles for Non - Profit Organizations Post December 26, 2014 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) BACKGROUND: The executed Board of Supervisors approved contract is the authorization for all aspects of payment, including the maximum amount to be paid, the payee, and the scope of services and work. Payments are made in strict accordance with the contract terms. Allowable costs are identified in referenced OMB Circulars and Code of Federal Regulations (CFR). ATTACHMENTS: Reimbursement Policy Status Form (RPS -1) POLICY: Contractor is responsible for the submission of accurate claims. This reimbursement policy is intended to ensure that the Contractor is reimbursed based on the code or codes that correctly describe the services provided. This information is intended to serve only as a general reference resource regarding OC Community Services' reimbursement policy for the services described and is not intended to address every aspect of a reimbursement situation. Accordingly, OC Community Services may use reasonable discretion in interpreting and applying this policy to 20A-57 _57 Page 1 of 3 services provided in a particular case. Other factors affecting reimbursement may supplement, modify or, in some cases, supersede this policy. These factors may include, but are not limited to: legislative mandates and County directives. OC Community Services may modify this reimbursement policy at any time by publishing a new version of the policy. However, the information presented in this policy is accurate and current as of the date of publication. Cost incurred by contractor must be substantiated and incurred during the contract period. Total of all reimbursements cannot exceed the amount of the contract. Cost must be allowable under applicable OMB Circular or CFR. All supporting documentation for reimbursement must be submitted with demand letter or invoice. If contract requires matching contribution, documentation substantiating contribution match must be submitted with demand letter or invoice. At any time, based on County's business needs and /or Contractor's performance, the County may designate Contractor to submit abbreviated or comprehensive documentation, as identified in the respective sections. Upon designation, Contractor will be notified, in writing via Reimbursement Policy Status Form, of which requirements are in full force. When Contractor is required to submit comprehensive documentation, in addition to the items identified in the Abbreviated Documentation Requirements Section, Contractor must also provide the documentation identified in the Comprehensive Documentation Requirements Section. PROCEDURES: Abbreviated Documentation Requirements Compile and submit: 1. Supporting documentation includes, but is not limited to: a. General ledger /expense transaction report b. Payroll register or labor distribution report c. Payroll allocation plan d. Personnel Documentation e. Benefit plan and calculation of benefit f. Employer - employee contract for non - customary benefits (if applicable) g. Pre - approval documentation for equipment purchases equal to or greater than $5,000 2. The following is required with the first month's invoice only: a. Cost allocation plan for rent, utilities, etc. b. Indirect rate approved by cognizant agency (if applicable) 3. Summary of leveraged resources (if applicable) 4. Demand letters must contain the following certification (if required by Contract): "7 certify under the penalty of perjury that this claim is true and correct and that the requested payments have been made. I also certify that this claim agrees with our official payroll and financial records and that these amounts have not been, or will not be claimed from any other funding source" 5. Grantee Performance Report (if required by Contract) 6. Supporting documentation shall be on single -sided sheets 7. Please redact employees' Social Security Number from payroll reports 8. Demand letter or invoice, along with supporting documentation shall be submitted to: OC Community Resources Accounting 1770 N. Broadway, 4th Floor Santa Ana, CA 92706 Comprehensive Documentation Requirements In addition to abbreviated documentation, compile and submit: 9. Purchase orders, invoices, and receipts 10. Cashed checks 11. Check register 12. Consultant/sub- contractor invoices (with description of services) 20A-58 Page 2 of 3 13. Travel expense documentation: mileage reimbursement, hotel bill, meal reimbursement ACTION: Distribute this policy to all appropriate staff INQUIRIES: Inquiries may be directed to the following: • Susan Long: (714) 480 -6532 or Susan.Lonq@a occr.ocgov.com • Eric Takanishi: (714) 480 -6531 or Eric.Takanishi(&occr.ocgov.com 20A-59 _5A Page 3 of 3 20A -60 Grant Summary Form A, Tile of Grant: Slingshot Date Dlec —: 7/112018 Amount of Grant: $500 Dots Due: : 10/ 10/2012016 ,000, _ Brief Explanation of Purpose: To provide services that support federally funded services offered the WIOA and by the Orange County Workforce Board and Its contractors, Santa Ana will lead the regional planning, Implementation, and collaboration effort with the Orange County Development Board In facilitating regional goals, objectives, developing regional strategies, policies, regional program planning and Infrastructure development, In accordance with the Input of focal WDSa and stakeholders the strategy will also work toward alignment of regional tralri ng policies and practices. The strategy will focus on developing programs for targeted populations and communities Including pro- Identified Employment Zones. The Employment Zones will be regional and defined by the location of economic activity, such as labor sheds, commute patterns, Industry clusters and sectors, Once the strategy is completed, Santa Ana will Implement the regional plan. The Slingshot Initiative is designed to undertake employment Issues by fostering system change, The expectation is for the development of an action plan that addresses speolfle regional challenges, Department: WORK Center Phone: 2829 Program Contact: Carlos de la Riva Email: edelariva @saute- ana.org Estimated Start Date: - 11/16/2016 End Date: _0130/201$ 8, Source: ,Federal _Federal via State �,_,Stato Private V Other, Funding Agency: County of Orange Workforce Development Board If Federal Funding: CFDA# 17;255, 17.278 CFDATitle: WIOA Adult Programs, WIOA Dislocated Worker Programs Federal Award ID & Year: _ AA- 28305.16.55 -A -6 & 2016 Name of Pass - through entity, If applicable: Orange County Workforce Board Grantor Program Officer: ­Jessica Amezcua Contact:(714) 480 -6434 Total Amount Requested: $_,,,-600,000 Required Match: Yes X No Volunteered Match: _Yes ­X _No Cash: Yes Nc $ d: In- kin�Yes �No $, Other: ,Yes _No $ C. Personnel Number of grant - funded positions'Fuiltime _1.35 —Part -time Estimated Amount: $_,._,115,480.00 Are Positions Permanent-, X ___„Yes No There Is no plan fo hire additional staff, Existfnp staff will work_and oversee the grant, D. Indirect Costs: Negotiated. Indirect Cost Rate: —X --yes No 7,23% Plan To Recover: _X Yes -_X_ Full Rate „Partial Rate (4 %) Plan To Waive: _Yes XX„No Do Mrntmis Rate (10 %):, Yes No Indirect Costs Not Allowed: _Yes ­No E� 'Totals Total Federal Share: $ Total State Share: Total Local Share: $600,000____ Total Partner /Other: $ Total Grant /Project: $_500,000 MIMI 20A -62 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: AWARD CONTRACT TO NPG, INC., FOR CONSTRUCTION OF SANTIAGO BIKE TRAIL RESURFACING FROM MAIN PLACE MALL TO EAST CITY LIMITS (PROJECT 162667) {STRATEGIC PLAN NO. 6, 1C} CITY MANAGEFV RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment for Fiscal Year 2016 -17 to recognize $17,266 from prior year fund balance and appropriate the same amount into the Residential Acquisition and Development District 2 fund. 2. Award a contract and authorize the City Manager and the Clerk of the Council to execute a construction contract to NPG, Inc., the lowest responsible bidder, in accordance with the base bid plus Additive Alternates 1 and 5, in the total amount of $66,472, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Santiago Bike Trail Resurfacing project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $79,766, which includes the contract base, Additive Alternates 1 and 5, administration, inspection, testing, and a $6,647 contingency. DISCUSSION This project consists of resurfacing the Santiago Bike Trail from California State Route 22 to Main Place Mall (Exhibit 1). The scope of work includes surface preparation, crack seal, slurry seal, replacing damaged asphalt concrete sections, installing redwood headers, signage, and striping. Once completed, these improvements will improve ride quality and enhance safety for pedestrians and bicyclists. A Notice Inviting Bids was advertised on August 16 and 21, 2016, and bids were opened on September 1, 2016. The following is a summary of the bid invitations made and the bids received: 20B -1 Award Contract for Santiago Bike Trail Resurfacing November 15, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 18 Contractors requesting bidding documents 6 Bids received 2 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID BID + Alternates 1 & 5 1 NPG, Inc. Perris $51,292.00 $66,472.00 2 TEJI Construction, Inc. Corona $70,975.00 $76,620.50 Two bids were received and both are considered responsive. NPG, Inc., submitted the lowest responsive bid in the amount of $51,292 (Exhibit 2). This bid amount is comparable to the engineer's estimate of $45,500. Since the bid for Additive Alternates 1 and 5 provides good value to the City and there are sufficient funds available, staff recommends including Additive Alternates 1 and 5, in the sum amount of $15,180, in the construction contract. Therefore, staff recommends awarding a construction contract to NPG, Inc., in the amount of $66,472, which includes the base bid plus Additive Alternates 1 and 5 (Exhibit 3). 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 In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016 -99 was filed for these projects. 20B -2 Award Contract for Santiago Bike Trail Resurfacing November 15, 2016 Page 3 FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $79,766, which includes construction, contract administration, inspection, testing, surveying, and contingencies. $62,500 is available in the Council Special Projects Fund (Account No. 05013018- 66220, Project 162667). Upon approval of the recommended appropriation adjustment, $17,266 will be recognized from the Residential Acquisition & Development District 2 prior year fund balance (Account No. 31213002 - 50001) and appropriated to the Residential Acquisition & Development District 2 expenditure account for Improvements other than Building (Account No. 31213260- 66220). All funds will be available for expenditure in Fiscal Year 2016 -17. / 1A Pred Mous vi o Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency FM /EWG /TC Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Director Finance & Management Services Agency 411W - r�- LA VETA 22 TOWN & COUNTRY a MAIN PLACE SANTA ANA .._.. _.._.._.. — �.._...... MflMORY 1.N a 0 m r PROJECT a o EOGEW000 LOCATION m a 0 m ,RA LOCATION MAP °'-"- CITY OF SANTA ANA LIMITS SANTA ANA CITY COUNCIL AGENDA DATE: PWA November 15, 2C c .ws .aener EXHIBIT 1 PROJECT 16 -2667 SANTIAGO BIKE TRAIL RESURFACING r1- PAGE 1 OF 1 rI- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2667 SANTIAGO BIKE TRAIL RESURFACING ADDENDUM ONE BID PROPO AL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: NPG, Inc. REQUIREMENT: EXHIBIT 2 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 farnish 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: SANTIAGO BrKE TRAIL BASE BID: Item Description Quantity Unit Unit Price Amount 1 Mobilization/ Demobilization (No more 1 LS $ 2,442,00 $ 2,442.00 than 5% total bid) *2 Unclassified Excavation 5 CY $ 546.00 $ 2,730.00 *3 AC Pavement 10 TN $ $ 1,353.00 13,530.00 *4 Emulsion: Aggregate Slurry Seal (Tyl)e II) 28 EI,T $ $ 896.00 25,088.00 5 Advertising Constracdou Signs 2 EA 1,353,00 2,706.00 *6 Root Shave 2 w EA $ 1,378.00 $ 2,756.00 E*7 Craelc Sealing 500 LF $ $ 4.08 2,040.00 TOTAL BASE BID $ 51,292.00 ADD ALTERNATE ONE BID: *8 Signing and Striping (WatorbasadPalnt) 1 LS 13,524.00 13,524.00 P -1 ofP -17 20B-7 CITY OF SANTA ANA PROPOSAL PROJECT NO,; 16 -2667 SANTIAGO BIKE TRAIL RESURFACING ADDENDUM ONE TOTAL ADD ALTERNATE ONE BID $ 13,524,00 Ann AT ATRNATF. TWh RM. Item Description Quantity Unit Liin Price Amount *9 Sigimig and Sk'iping (Thenno171N9t1e) LS $ 19,044.00 $ 19,044.00 TOTAL ADD ALTERNATE TWO BID $ = 19,044,00 ADD ALTERNATE THREE BID: tU Concrete (PCC) Sidewalk ('1' =4 ") 24.85 1 11,928.00 TOTAL ADD ALTERNATE THREE BID $ 11,928.00 -^ ADD ALTERNATE FOUR BID: ll FAC PaveinenC 120 T F $ �$ 11.04 $.90 29,148.00 TOTAL ADD ALTERNATE I OUR BID $ 29,148.00 ADD ALTERNATE FIVE BID: TOTAL ADD ALTERNATE FIVE BID ' $ 1,656.00 1 P -2 of P-17 20B-8 Redwood, Header (As Needed) 15p T F $ �$ 11.04 1 1,656.00 TOTAL ADD ALTERNATE FIVE BID ' $ 1,656.00 1 P -2 of P-17 20B-8 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16 -2667 SANTIAGO BIKE TRAIL RESURFACING ADDENDUM ONE 'TOTAL ADD ALTERNATE ONE BID S 13,524.00 TOTAL ADD ALTERNATE TWO BID $ 19,044.00 TOTAL ADD ALTERNATE THREE BID $ 11,925.00 TOTAL ADD ALTERNATE FOUR BID $ 29,148.00 TOTAL ADD ALTERNATE FIVE BID $ 1,656.00 TOTAL BASE BID $ 51,292.00 The lowest responsible bidder shall be selected based on the BASE BID Amount, The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). * The quantity for this bill 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, TIME FOR COMPLETIUN OF IMPROVEMEN'F5 AND LIOUIDAI'ED DAMAGES The undersigned bidder hereby proposcs to complete the Work for the total base bid amount shown above, within Thirty-five 35) working clays 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 it Notice to Proceed, and to continue in a diligent and workman -like nianner without interruption, said to complete the construction thereof within the time specified above. The liquidated damages amount, i isu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be . ,0 per calendar clay. ?lame of Firm NPG, Inc. Signature of BIDDER Title Jeff Nelson, Proident (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 lire firm. If a corporation, state, legal name of corporation, and names of President, Secret,, y, Treasurer and Manager, thereof.) NPG, Inc. - Corporation Jeff Nelson, President P -3 ofP -17 Sharon Nelson, CPO CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2667 SANTIAGO BIKE TRAIL RESURFACING 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 Servicc 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 fumish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said finds, 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 competing 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 trader penalty of perjury that the foregoing is true and correct. Name of Firm NPG, Inc, Signature of BIDDER Title Jeff Nelson, 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, fhoroof) P -4 of P -17 20B -10 CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this STATE OF California _ )SS certificate is attached, and not the truthfulness, COUNTY OF Riverside _ �) accuracy, or validity of that document. On me, Carol Marie Stone Notary Public, persanally appeared Jeff S. Nelson who proved to me on the basis of satisfactory evidence to be the persan(i� whose names) is /are subscribeTto the within instrument and acknowledged to me that he /she/tln" executed the same in his /heNtheis authorized capacity()es} and that by his /- her/their signature(s) on the instrument the personM, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sal. CAROL MARIE STONE Notary Public - California Signature Riverside County Ca o Marie Stone NNotary Pu lic Commission * 2154151 emycomm'Ex ires Ma 22, 2020+ This area for official notarial seal, OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to documents. INDIVIDUAL El CORPORATE OFFICERS) TITLE(S) C] PARTNER(S) ❑ LIMITED C] ATTORNEY -IN -FACT [� TRUSTEE(S) GUARDIAN /CONSERVATOR [� OTHER Manager SIGNER IS REPRES ING: or entity, Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, It could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: I& MOM yrr- NUMBER OF PAGES N/A _ DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 20B -11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2667 SANTIAGO BIKE TRAIL RESURFACING CONTRACTOR'S LICENSING AND ATIONSTATI�UaNT TATI�il The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his/her subcontractors arc registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: NPG, Inc. Business Address: PO Box 1515, Perris, CA 92572 Business E -Mail Address: cstone @npgasphalt.com Telephone: (951) 940 -0200 State Contractor's License No, and Class: A, B, C -12; 664779 License Expiration Date; 2/28/17 State Dept, of Industrial Relations (DIR) Reg stration No.: 1000002457 State Dept, o£ ffidustria a ations (DIR) Registration Expiration at 1. 6/30/17 Signed: Title: Jel'f'Nelson, President P -5 of P -17 20B -12 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this STATE OF California _ )SS certificate is attached, and not the truthfulness, COUNTY OF Riverside ) accuracy, or validity of that document. On before me, Carol Marie Stone , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /hef4he# authorized capacity(ie , and that by his /-#er /their signature(s) on the instrument the person(, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and official seal. CAROL MARIE STONE [ Signature _ Notary Putlic * Calllornla 11 Carol Marie Stone *Notary Public 3 Commission Riverside County 412154181 + My Comm. Expires May 22, 2028 r a r ca n t ra s a. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER r Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to pers mg on the documents. ❑ INDIVIDUAL [] CORPORATE OFFICER(S) PARTNER(S) ❑ �) ATTORNEY -IN -FACT [_] TRUSTEE(S) E] GUARDIAN /CONSERVAT [] OTHER Manpger SIGNER IS or Entity TITLES) LIMITED Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES N/A SIGNER(S) OTHER THAN NAMED ABOVE DATE OF DOCUMENT 20B -13 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 16 -2667 SANTIAGO BIDE TRAIL RESURFACING 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 $, 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 Finn NPG, Inc. Signature of BIDDER Title ;etf Nelso. (if an individual, so P -6 of P -17 20B -14 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Riverside ) 8� - - 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. On ID � �7 before me, Carol Marie Stone , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity {i ,, and that by his / her #heir signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, CAROL. MARIE STONE Signature /// (� Notary R Public • California - �-�" � � %My ivereitle County Carol Marie Stone * Notary Public Commisalon V 2154101 C omm. Expires May 22, 2020 t This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons documents. INDIVIDUAL (� CORPORATE OFFICERS) TITLES) [� PARTNER(S) ❑ LIMITED ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER Manager SIGNER IS REP TING: ame of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES N/A SIGNERS) OTHER THAN NAMED ABOVE N/A 20B -15 CITY OF SANTA ANA PROPOSAL. PROJECT NO.: 16 -2667 SANTIAGO BIKE TRAIL RESURFACING OWNERSI3IP AFFIDAVIT STATE OP CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OFS,WAR0r04h' Perris ) _ leff Nelson , being duly sworn, deposes and says: ❑ INDIV.n7UAL That he/she is the party making the foregoing proposal: El PARTNERSHIP That ho /she is a member of the co- partnership Inn designated q5.- . and who has been and is duly veVl vo'rtri the authority to make and execute for the co- partnership by:._—. - �,,/ AvIT6 constitute the other members of the copartnership. u CORPORATION That be is of: NPGJ Inc._ _`_ a corporation which is making the foregoing proposal: JOINT VENTURE That lie is of one of the parties making the R been and is duly vested with the parties making said bid Nyhoxire" a isal —A a joint venture, and the he/she has execute intrainonts for an on behalf of the that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusive to secure any adva against the City of Santa Ana or any person interested in the pro,00 contr t, for li. n f or any other person. Sign of B' r Jeff Nelson, President soti% Subscribed and sworn to before me this of 20 Signature of officer Administering Oath (N ary Public) P -7 of P -17 20B -16 Jurat A notary public or other officer completing this State of California certificate verifies only the identity of the Individual who signed the document to which this County of Riverside ss certificate Is attached, and not the truthfulness, accuracv. or validity of that document. Subscribed and sworn to (or affirmed) before me on this - q day of G X11 q , by Day J Month Year Jeff S. Nelson proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my Band and officlal seal. Nmm;r liddlo SiArzrnrre -Cnml Alnrlu.Srnu¢ For: 20B -17 I CAROL MARIE Notary Public • California z10MY Commission # 2154161 ^ Co — Expires May 22, 2026 1 CITY OF SANTA ANA BOND PREMIUM: N1i, PROPOSAL PROJECT NO.: 16 -2667 SANTIAGO BIKE TRAIL RESURFACING BID BOND KNOW ALL PRESENT that, NPG INC _ as BIDDER, and DEVELOPERS SURETY AND INDEMNITY COMPANY _ , as SURE'T'Y, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of TEN PERCENT OF AMOUNT BID Dollars ($__ 10I __), 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 Kin s, and seal this 30TH day of _ AUGUST, , 2016. BIDDER* NPG, INC. _ BY:_____ 1354 JET WAY PERRIS, CA 92572 Neff$. elson President _ (951) 94(T0200 500 S. KRAEMER BLVD., SUITE 300 CHARLES tr FLAKE, ATTORNEY -IN -FACT BREA, CA 92821 714) 784 =5660 Subscribed and swonr to before me _ , 20_, Signature: Notary Public in and for the County of , State of * Provide BIDDER/ SURETY name, address, and telephone address, and telephone number of authorized representative. AUTHORIZED REPRESENTATIVE: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON RD., SUITE 201 ANAHEIM, CA 92807 (714) 921 -0530 CHARLES L. FLAKE, PRESIDENT P -8 of P -17 I+ 1 this day of number and the name, title, Jurat A notary public or other officer completing this State of California certificate verifies only the identity of the individual who signed the docurent to which this County of Riverside SS certificate is attached, and not the truthfulness, accuracv, or validity of that document. Subscribed and sworn to (or affirmed) before me on this 3 S�'day of 11.4 , by Day Month Year to me on the basis of satisfactory evidence to be the person( who appeared before me. WITNESS my hand and official seal. namrr r�ddi��s�x,�,,,,.o - cmotna,,.m crone For:.. 20B -19 CAROL MARIE STONE C Notary Public • California Riverside County z _ *,Mz COrounlsstoa.*21541O1 Comm. Ex 9 Ines May 22, 2020 proved CALIFORNIA JURAT WITH AFFIANT STATEMENT N See Attached Document (Notary to cross out lines 1--6 below) ❑ See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary) Signature of Document Signer No 1 State of California County of ORANGE L.EXIE SHERWOOD COMM, # 2031782 F, NOTARY PUBLIC- CALIFORNIA ORANGE COUNTY Comm. Exp. JULY 27, 2017 Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 30TH day of AUGUST, 2016 , by Date Month Year (1) CHARLES L. FLAKE Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) ✓ �✓ - Name of Signer proved to me on the basis of satisfactory evidence to be the person who ppeared of re me.) Signature Gt Signal ra of Notery Public 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 farm to another document. Further Description of Any Attached Document title or Type of Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT RIGHTTHUM in'INT OF SIGNER q1 OF SIGNER k2 02007 Natlonal Notary Association, 9350 Do Soto Ave.,P.O. BOX 2402•Chalsworlh, CA 9131 &240P•wwa.Nallona1No1ary.org Itemk5910 Reorder Call Tol6Free UE004176 -6827 2U✓ -20 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 18125, IRVINE, CA 9292' (048) 2033300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SUREIYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, oonstitule and appoint: - `* *Jan Moran, David L, Culbertson, Charles L. Flake,, Richard A. Coon, Lexle Sherwood, Spencer Flake. Jointly or severally "' as their true and lawful Adornoy(a)-In -Feet, to ranks, execute, deliver and acknowledge. lot and on behalf of said corporations, as suratlee, bonds, wrloi nerngsand contracts of surety• ship giving and granting unto add A9orney(s) -0mFacl full power and authority to do and to pollorm every act necessary, mqulelte or proper to be done In connection therewith as each of said corporations could do, but reserving to each of send corporations PoII power of sulanholloa and revocation, and all of the sets of Bald Attornoy(e)-in-FoA purouant to these pro toato, are hereby stifled earl confirmed. This Power afAhorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Oireanes of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, eAoclVe as of January let, 2000. RESOLVED, that a combinedon of any hvo of the Cbsirman of the Board, the President 6xeoutive Vice - President Senior Vice-president or any Vice President of the corpors gone be, and Val each of them hereby is, Waddled to execute this Power of Attorney, qualifying Iho odonrl named In the Power of Attorney to execute, on behalf at the oorporalions, bends, undertakings and contracts of stamyship; and that the Secretary or any Aaslatanl Secretary at either of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER, That the signatures of such officers may be affixed to any such PoWerof Attorney or to any certificate relating thereto by facsimile, and any soon Power of Attorney or oatthil tebearingshort faoslmha 91911OWMB shall be valid sod blaring upon the corpoiaflons when so affixed and In the future with respect to any bond, undarlaking or oonmeot of Suretyship to which It Is attached,' IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally paused thaw presents to be signed by their tespectivo officers and attastod by Plain respective Socratary or Assistant Secretary this November 21, 2013r pw OpgpANYl7F Daniel ^._.. Youn9,,��,, anion Vica�Prosldenl A`vn�+'•GO�AORdAR'>��4 OCb%FUNgV' 'dY @Y; ^,iA dA3A rFd "' u) a90'Y Mark J, Len .- ..._._.._.....___...__._...__._ edon, Vice- President a; wR, db`W' o p * W State of Cnlifonda ' °o. „nr, o•a,,,` fk Couldy of Orange On —___._- ....... Novemper 2L 2013..,...,.,__.,,__ batons _.. — ( yf @ Data Nate enrtNzme.an d Idle of the Officer Immorally appeared . -..... David Young and Mark J, Lanadon _- Nante(s) of Signer(a) the wlthlaalnslmment and acknowledged to me that helshalthtry executed the same in hielhsdlhalr p d W Ina on the basis of satisfador evidence In be the ersan (s) whose name s ....... islare subsormad to „ ,•yayge ,ae„a� rapacity(ies), and that by his /1,90heir slgnsture(s) on the metmmont the person(s), or the entity upon behalf of which the percents) acted, oxoouted the Instrument t C$hMCr4. P{ � I Gently under PENALTY OF PERJURY under rho laws Of rho e0h) Of Callfonsle that the foregoing paragraph ry P%SYARYPfJFt480 Cd4L1fUf8fdVo hue and correct, `S f,�+RPJ4�CG1UNTi' d„','"•""'"..`y 1iFjcaroxn. sxpkaa Aug.9, X17' rid WITNESS my hall d and olpcial anal. Wit 6�4 III; Piece Notary Seal Above $1gnature Antonio Alvarado, Notary Public DERTIFICATF The undorslgned, as Swrelary orAsse enl Seventy of DEVELOPERS SURETY AND INDEMNITY COMPANY an INDEMNITY COMPANY Op CALIFORNIA, does hereby am ify that the Iersgoing Power of Attorney romaine in fulticrce and has not bean revoked and, furthermore, that the provisions of the resolutions of the IetIPecllve Boards of Dfraelars of sold corporations Sot (ooh In the Power of Attorney are in tame an o(uw date of his Cordfloate. TThla Certificate is executed In the Cfly, of Vvlino, 011imme, this 30 th day of August , 2016, py Cassia d. Berrlslor slSan cl� o(ary _ 20B -21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2667 SANTIAGO BIKE+ TRAIL RESURFACING LIST OF SUB- CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: %% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: '' /z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR), BIDDER proposes to subcontract certain portions of the work to the £inns listed below: Name All American Asphalt License # /Exp. 267073,2/28/17 DIR Reg. #/Exp. 1000001051,6/30 /17 Location Corona, CA Phone (951) 736 -7600 Type Of Work Slurry Seal Amount $ $13,972,00 Name License # /Exp, DIR Reg.# /Exp, License # Location Phone m Type Of Work Amount $ Name License 9/Exp. DIR Reg, 4/Exp. License # Location Phone Type 01' Wp Amount $✓ 'of Bidder Jeff Nelson, President Name Cal Stripe License #/Exp• 685387.1/31/18 DIR Reg. # /Exp. 1000001100, 6/30/17 Location Colton, CA Phone (909) 884 -7170 Type Of Work Striping Amount $ Dependant on Alternate Selected 1: $ 7,000.00 Name 2: $ 10,000.00 License # /Exp. _ DIR Reg. # /Exp. License ## Location Phone Type Of Work Amount $ Natue License #./Exp. DIR Reg. # /Exp. License # Location Phone Type Of Work Amount $ P -9 of P-17 20B-22 CITY OF SANTA, ANA PROPOSAL PROTECT NO,: 16 -2667 SANTIAGO BIKE TRAIL RESURFACING REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years, 1, County of San Diego, Parks & Rec, 4477 Pacific Coast Hwy, San Diego, CA 92110 Narne and Address of Owner. Casey Wear, (619) 688 -3336 Name and Telephone Number of person familiar with prof ect, $47,680.00 State Beach Parking Lot Contract Amount Type of Work 2. City of San Bernardino, 234 S. Mountain View, San Bernardino, CA 92418 7/25/16 Date Completed Name and Address of owner. Ed Kelley, (909) 384 -5045 Name and Telephone Number of person familiar with project. $166,962.75 On Call StreetRenair 7/18/16 Contract Antount Type of Work Date Completed 3. County of Riverside, 3133 Mission Inn Ave, Riverside, CA 92507 Name and Address of owner. Gregory Claflin, (951) 955-7988 Name and Telephone Number of person familiar with projoct. $ 79,900.00 Road Repairs 6/22/16 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom 13IDDER intends to procure insurance and bonds. Developers Surety & Indemnity Company of California, (949)263 -3300 17771 Cowan Ave, # 100, Irvine, CA 92614 Culbertson Insurance Services, (714)921-0530 5500 E. Santa Ana Canyon Road, #201, Anaheim, CA 92807 P -10 of P-17 20B -23 CITY OF SANTA ANA. PROPOSAL PROILCT NO.: 16.2667 SANTIAGO BIKE TRAIL RES URFACNG ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDIIR or Subcontractor has performed similar work in the past 5 years. of 92521 Drew Hecht, (95 1) 990 -8307 Name and Telephone Number of person familiar with project. $99,057.47 Asphalt Repairs, Lot 21 7/28/16 Contract Amount Type of Work Date Completed 2, Rancho California Water District, PO Box 9017, Temecula, CA 92589 Name and Address of owner. Tim Carlisle, (951) 296 -6900 Nane and Telephone Number of person familiar with project. 340,303.75 Asphalt Repairs 3/18/14 Contract Amount Type of Work Date Completed 3, University of California, Irvine, 200 Public Services Blvd, Irvine, CA 92697 Name and Address of owner. Rick Azavala,(949)824 -0023 Name and Telephone Number of person familiar with project. $95,800.00 Street Repairs 10/30/15 Contrast Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Developers Surety & Indemnity Company of California, (949)263 -3300 17771 Cowan Ave, #100, Irvine, CA 92614 Culbertson Insurance Services, 5500 E. Santa Ana Canyon Road, #201, Anaheim, CA 92807 P -11 of P-17 20B -24 k 2016 Public Works References County of San Diego, Parks & Recreation Contact: Casey Wear 4477 Pacific Coast Highway Start: 04/01/16 San Diego, CA 92110 Finish: 07/25/16 (619) 688 -3336 Amount: $ 47,680.00 Project: Cardiff State Beach City of San Bernardino Contact: Ed Kelley 234 S. Mt. View Start: 09/29/15 San Bernardino, CA 92418 Finish: 07/18/16 (909) 384 -5045 Amount: $ 166,962.75 Project: On Call Street Repairs University of California, Riverside Contact: Drew Hecht 3401 Watkins Drive Start: 06/09/16 Riverside, CA 92521 Finish: 07/28/15 (951) 990 -83007 Amount: $ 99,057.47 Project: Lot 21 Repairs Rancho California Water District Contact: Tim Carlisle PO Box 9017 Start: 02/24/16 Temecula, CA 92589 Finish: 04/11/16 (951) 296 -6900 Amount: $ 8,185.00 Project: Washington Avenue Manholes County of Riverside Contact: Gregory Claflin 3133 Mission inn Ave Start: 05/12/16 Riverside, CA 92507 Finish: 06/22/16 (951) 955 -7988 Amount: $ 79,900.00 Project: Ben Clark Training Center 20B -25 w Apr ASPHALT S 2015 Public Works References County of San Bernardino Contact: Jess Saldana 825 E. 3" Street, #1207 Start: 08/18/15 San Bernardino, CA 92415 Finish: 10/01/15 (909) 338.2140 Amount: $ 271,149.00 Project: North Drive & SH 189, Crestline, CA City of San Bernardino Contact: Ed Kelley 234 S. Mt. View Start: 08/25/15 San Bernardino, CA 92418 Finish: 06/03/16 (909) 384 -5045 Amount: $ 372,223.27 Project: Cajon Blvd Street Improvements University of California, Irvine Contact: Rick Azavala 200 Public Services Blvd Start: 09/18/15 Irvine, CA 92697 Finish: 10/30/15 (949) 824 -0023 Amount: $ 95,800.00 Project: Anteater Drive Improvements City of Lake Elsinore Contact: Miz Beltran 130 S. Main Street Start: 10/22/15 Lake Elsinore, CA 92530 Finish: 02/09/16 (951) 674 -3124 Amount: $ 15,266.25 Project: Annual Crack Seal & Pothole Repairs County of Riverside Contact: Joe Angelone PO Box 1605 Start: 10/11/15 Riverside, CA 92502 Finish: 02/16/16 (951) 955 -7989 Amount: $ 49,700.48 Project: Eddie Dee Smith Senior Center Improvement 20B -26 CITY OF SANTA ANA PROPOSAL PROJECT NO,; 16 -2667 SANTIAGO BIKE TRAIL RESURFACING NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf o£, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly 'induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, cormuunication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against tine public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. %% Note; The abovp'No - collusion Affidavit is part of the Proposal. Signing this Proposal Oil the signatr e p lion thereof shall also constitute signature of this Non - collusion Affidavit, "IDD tS areitioned that malring a false certification may subject the certifier to At it nr cuti i. Signed p NelsM, President ` State of California County of _Riverside ON Subscribed and sworn to (or affirmed) befoi on this _ day of 20Y, by proved to in the basis of satisfactory evidence to be the person(s) who appeared before me �tiw Sr'r' Notary Public Signature Notary Public Seal P -12 of P -17 20B-27 Jurat A notary public or other officer completing this State of California certificate verifies only the Identity of the individual who signed the document to which this County of Riverside ss certificate is attached, and not the truthfulness, accuracy, or validity of that document, �,fi Subscribed and sworn to (or affirmed) before me on this clay of �UV 0, by Day Month Year _ Jeff S. Nelson proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my hand and official seal. k'nrary PrrLlle.¢rynnnve - l "mnl dlnrre 3mrm - Ror:%1 q ��tV151c`l" 1 _ rl- CAROL M�ARI®TONE Notary public • California z Riverside County z Co..��irq.#/218At81 r, �a fires Ma 22, 2020 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2667 SANTIAGO BIICE TRAIL RESURFACING NON - DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: I. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sere, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement, or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and ofthe rules, iegulations, and relevant orders of the Secretary of Labor, 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or Pursuant thereto, and will permit access to his/her books, records, mtid, accounts by Ure administeriig agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such riles, regulations, and orders, In the event of the Coutractor',s non- compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared, ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authouized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P•13 of P -17 20B -29 CITY Y OT SANTA ANA PROPOSAL PROJECT NO.: 16.2667 SANTIAGO HIKE TRAIL RESURFACING The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be, binding upon each subcontract or purchase order as the administering agency may direct as moans of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, rnaritalpt us, or sex of such persons, except as provided in Section 1420, and any contractor of pu ire orks violating this Section is subject to all the penalties imposed for a violation ofth Chap ter. Signed: Title: Firm: NPG, Inc. Date: 8/31/16 P -14 of P -17 20B -30 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16.2667 SANTIAGO HIRE TRAIL RESURFACING STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which lie /she employs journeymen or apprentices on the lie work, in the saute amount or upon the same basis and in the same manner as the of r ontractors, except contractors not signatory to the trust agreement shall pay a like auto tt t the ifomia Apprenticeship Council, Signed: Title: Jeff Ne son, President Firm: NPG, Inc. Date: 8/31/16 P -15 ofP -17 20B -31 CITY 0T' SANTA ANA. PROPOSAL PROJECT NO.: 16 -2667 SANTIAGO BIKE TRAIL RESURFACING STATEMENT R E.GARDiNG "ANTI - KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti- Kickback" Act (18 USC 74) as supplcmented in the De rte ent of Labor regulations (29 CFR, Part 3), This act provides that each contractor or sub on ctor shall be prohibited from inducing, by any means, any person employed in the con iucti a or repair of public work, to give up any part of the compensation to which he /she is of iwis entitled. Signed: Title: Jeff Nelson, President Firm: NPG, Inc. Date: 8131116 P -16 of P -17 20B -32 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 162667 SANTIAGO BIDE TRAIL RESURFACING PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE Iv conformance with Public Contract Code Section 10162, the BIDDBR shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No V If the answer is yes, explain the circumstances in the following space. P -17 of P-17 20B -33 MAYOR Miguel A. Pultdo MAYOR PRO TEM Vicente SamdenPo COUNCILMEM6ER5 Angelloa Amazoua P. Davila aenavldes Michele Martin ©z Romani Rayna Sai Tinalero August 29, 2016 CITY OF SANT1 A ANA 20 Chic Center Plana + P.O. Box 1088 M -36 Santa Ana, California 92702 (71 Ai 637.6013 RAW- eanta-eWSUra ADDENDUM ONE SUBJECT: PROJECT NO. 16- 2667: SANTIAGO BIKE TRAIL RESURFACING CITY MANAGER David Cavazos CITY AT?ORNEY Seale R. Cervalho Ct.ERK OF THE COUNCIL. Maria or Huizar The following changes /clarifications have been made to the speoifleations of the subject project: 1. 7 -12 ADVERTISING Page 15; 3R° Paragraph Payment for project signs shall be included in other items of work involved and no additional payment shall be allowed therefore. REPLACE WITH: Payment for project signs shall beat the contract unit price in Bid Item No. 6. DEFINITION OF BID ITEMS Page 1 of 3, Bid Item No. 3- Asphalt Concrete (AG) Pavement Payment for Asphalt Concrete shall be at the contract unit price bid per extra long ton listed in the.Bid Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools and incidentals as required and no additional compensation will be allowed therefore. REPLACE WITH: Payment for Asphalt Concrete shall be at the contract unit price bid per ton listed In the Bid Proposal, and shall include full compensation for doing all work, including furnishing all materials; labor, equipment, tools and incidentals as required and no additional compensation will be allowed therefore. 1 of 3 SANTA ANA CITY COUNCIL Mig* A. Pulltlo i Wnnle Sannlanto i AE4w15 Nlow l' Anyelka Amazcnn P, 0.0 aemi'M$ i Mmen Rayne i Sol uroero Mayor M6yarp_ro Tam Wortl1 Werth Word1 Wad4 WeMS Ward ! I IrUJ1n R1L_^tflk_te � �SWLWflWB ry- ;.' °,!M � rn,w flkkia!k mavw:em i mw vnQyA6z1a,:A0yBfE I Il'f1W.v!s(LSP^ .3 I ! ^U nl I ,,,,__.uep I n_m�m43*�.iBS. ^d o,p I 4�A9L @S.'m u.ann ur 20B -34 MAYOR Miguel A. Pulldo MAYOR PROTW Vloento Sermiento COUNCIUMEMBERS Angolica Amszeue P. David Bengvidea Michele Martinez Roman Rayne Sal Tlnalero CITY OF SANTA ANA 20 Civic Center Plaza a P.O. Box 1 gas NI-36 Santa Ana, California 02702 (714) 647.501:1 MWLSa kAUSK99 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R Carva lho CLERK OP THE COUNCIL Marla o. Hulzar 3. DEFINITION OF BID ITEMS Paget of 3, Bid Item No. 4— Emulsion- Aggregate Slurry (Type II -CSS -1h -EAS) Payment for Emulsion- Aggregate Slurry (Type II -CSS -1 h -EAS), shall be at the contract unit price bid per ton listed in the Bid Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and Incidentals as required and no additional compensation will be allowed therefore, REPLACE 'WITH.' Payment for Emulsion- Aggregate Slurry (Type II -CSS -1 h- EAS), shall be at the contract unit price bid per extra long ton listed In the Bid Proposal, and shall Include full compensation for doing all work, Including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. DEFINITION OF BID ITEMS Page 2 of 3, Bid Item No. 7 — Crack Sealing Payment for Crack Sealing shall beat the contract lump sum bid listed in the Bid Proposal, and shall include full compensation for furnishing all materials, labor, equipment, tools, and Incidentals as required and no additional compensation will be allowed therefore. REPLACE WITH: Payment for Crack Sealing shall,be.at the contract lump sum unit price bid linear feet listed in the Bid Proposal, and shall Include full compensation for furnishing all materials, labor, equipment, tools, and Incidentals as required and no additional compensation will be allowed therefore. 5. DEFINITION OF BID ITEMS Page 2 of 3, Bid Item No, 8 -- Signing & Striping (Oil Based Paint) Payment for Signing & Striping with oil base paint shall be at the contract lump sum bid listed in the.Bid Proposal, and shall Include full compensation for furnishing all materials, labor, equipment, tools; disposal of all removed materials, and incidentals as required and no additional compensation will be allowed therefore. 2of3 SANTA ANA CItY C:00NOL Mlauol A. Pundu Neva' VIGaA6 sarlS'Wo Whole Mndl, I mhy T",, FVl0WfU Am =fi P. now s,aeWdea human ndym' Sal Malurn 0,Mlea,PAYW_a xi ex rPal w®rd i. Ward Ysulmlonearax n(aama wg ama�Rx,px�raneu.aue.o I a Ward B, W d9 +�esessua,��w.lavaanw Warl6 Walla I I , ,�. ,y 20B -35` na, rcvnrA e_M,.n � +dkNa[ekdaatwrvux,erB MAYOR Miguel A. Pulido MAYOR PRO TEM V tnahtez- Sannlante COUNCILMEMBERS Angelica Anezcua P. David Benavides Michele Martinez Raman Reyna Sal Tinalero REPLACE WITH; CIT Y OF SANTA ANA 2e Civie Canter Plaza a P.O. Box 1985 M•30 Santa Ana, California 92702 (714) 04 5013 Page 2 of 3, Bid Item No. 8 — Signing & Striping (Water Based Paint) CITY MANAGER David Cavazos CITY ATTORNEY settle R. Carvalho CLERK OF THE COUNCIL Marla D. Hulzar Payment for Signing & Striping with water base paint shall be at the contract lump sum bid listed in the Bid Proposal, and shall Include full compensation for furnishing all materials, labor, equipment, tools, disposal of all removed materials, and incidentals as required and no additional compensation will be allowed therefore. ATTACHEMENTS;. Bid Proposal — 3 pages (P -1 to P -3 of P -17) Mandatory Job Walk attending sheet — 1 page FOR THE CITY OF SANTA ANA s Edwi illiai°n G ez, P.E. City Engineer 3of3 SANTA ANA CITY COUNCIL Wguel A. Puli a I VomnaaaankmW Michele MlAMIle2 i AnAellm AnW..C. i P. OaNd aw,evidae Roman Reyna 8.111naiaru mitov M6"r'.Tem,.Va1d1 Want Wmda 1 Wain W "d Want !naaaf¢t@azrda- a .n-Uaaltss!AraV IAL,,ola rtt =Ln aaca � «e�naaa nam„ � 1 _ _rs, I WH!a � al�i9[gjllan a�ano urp 20B -36 20 B-37 � /( �\ f §a\ 2 } \ \/ {�\ \ � � \ : \ / �� ) 20 B-37 ry OP ID: DE8 � o` DATE(MMIDDIYYYY) e� CERTIFICATE OF LIABILITY INSURANCE 01/12/2015_ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPURTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endoreemen Nsl. I PROOUCER Crosbyy. Insurance, Inc 8181 E. Kaiser Blvd Anaheim Hills, CA 92808 John Sheffield INSURED NPG, Inc„ aka: Nelson Paving & Grading, Goldstar Asphalt Products P.O. Box 1515 Perris, CA 92572 -5255 NPGCOJ IrOnshore Specialty Ins Co General Ins Co of America Liberty Ins Underwriters THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILiR TYPE OF INSURANCE RRi POLICY NUMBER POLICY EFF POLICY EXP GENERAL LWBILITY MM /DDIYYVY MMIDON:: , X A COMMERCIAL GENERAL LIABILITY I A 11/15/2015111/1512016 CLAIMS-MADE OCCUR EACH OCCURRENCE LIMITS S 1,000,000 1 DA AG 0 1 0 PREMISES Ea occurrence S 50,000 MED EXP(Any one person) S 5,000 PERSONAL A ACV INJURY $ 11000,000 j GEN'L AGGREGATE LIMITAPPLIERPER: i PRO- POLICY JEC LOC i GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP /OP AGG 2,000,000 -$� AA;UT�OMOBILE LIABILITY B X ANY AUTO 124 -CC- 206754..9 11/15/2015 11175/2016 ALL OWNED AUTOS I NCL PHYSICAL DAMAGE COMBINED SINGLE LIMIT (Ea ecddenq s 1,000,00 B OOILYINJURY(Perperenn) $ e CC IN JURY (P., eodenq g L�f ! SCHEDULE) ALTOS X HIRED Nt1T05 I :10AMED PROPERTY DAMAGE (PER ACCIDENT) $ X 011 AUTOS Hired Phys Dam I 1950,000 MAXIMUM LIMIT I IC011isiOr UMBRELLA LIAR 1i OCCUR X EXCESS LIAR _ CLAIMS -MAGE C F" 100002437205 11/15/2015 6 11/15/2016 I DEDUCTIBLE RETENTION $ Comprehensive $ $1,000 de n —�� EACH OCCURRENCE $1,000 de $ 5,000,000 AGGREGATE s 5,000,00 WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE YIN I IWVE5028828 01 101101/2016 01/01/2017 OFFICERIMEMBER EXCLUDED? NIA M andaloryinH Uyyes, describe , undd er DESCRIPTION OF OPERATION? below EQUIPMENT RENTED I I 124 -CC- 103552.1 71115/2015 11 /15 /2016ILLimit FROM OTHERS WC STATUS OE H- X (TORY _IM � I ELL. EACH ACCIDENT $ ___ 1,000000 E.L. DISEASE - EA EMPLOYEEJ$ 1,000,00 E. L. DISEASE POLICY LIMIT 3 7,000,000 500'000 ESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (Attach ACORO 101, Additional Remark, Schedule, If more space Ia mqulredl f cancelled for non - payment of premium only 10 days notice will be given. regired by written Contract, Additional insured (Get7oral and Auto 'ability) Primary Non- Contributing and (General Liability) and Waiver of ubro aiicn (Genera m l and Auto Liability and Workers Corn can apply, ew Construction exclusion apply, Excess Policy follows Corm. FORINFO For Information Purposes Only - specific certificates can be issued upon regUCEI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988 -2009 ACORD CORPORATION. All rights reserved. CORD 25 (2009109) The ACORD name and log20rBist3Onarks of ACORD H c.� r�. -o 0 U 0 M L.. 0 FU U L cz c 0 v� Q) ry MA ps A a E � N v $ z w Z Z 20B -39 ri- -1 CA,= t- 0 kn EA u c; // 0 C4 0 C-4 Std\ < j \k/ 0 C12 < 0 U U 20 B-41 , ci-, 10 'o D @) LU (D \ .5� 0 MIA, M 0 CL C3 20B-42 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO, 16 -2667 SANTIAGO BIKE TRAIL RESURFACING This CONSTRUCTION CONTRACT is made and entered into this 151i day of November, 2016 , by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing render the Constitution and laws of the State of California, hereinafter referred to as "CITY" and NPG, Inc., hereinafter referred to as "CONTRACTOR ". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and f irnish 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 Santiago Bike Trail Resurfacing Project, 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 Constriction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and 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 $66,472.00 — Sixty-six Thousand Four Hundred Seventy -two Dollars and no cents, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page 1 of 3 20B-43 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -2667 SANTIAGO BIKE TRAIL RESURFACING The BID PROPOSAL contains a schedule of unit price(s) or lmmp sum(s) based on approximate quantifies 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 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. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price, For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. 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. /i Page 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -2667 SANTIAGO BIKE TRAIL RESURFACING IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY 92L f Jolo Funk Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: By: Page 3 of 3 20B -45 ri- COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16 -2667: SANTIAGO BIKE TRAIL RESURFACING Construction Contract $ 66,472.00 Contract Administration $ 3,147.00 Inspection and Testing $ 3,500.00 Contingencies $ 6,647.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 79,766.00 EXHIBIT 4 20B-47 ri- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: APPROVE APPROPRIATION ADJUSTMENTS FOR THE SANTA ANA - DELHI CHANNEL DIVERSION PROJECT (PROJECT NO. 16 -6467) (STRATEGIC PLAN NO. 6, 1G) CITY MAMA ER RECOMMENDED ACTION s • • 71 As Recommended 0 As Amended El Ordinance on 1a' Reading ❑ Ordinance on 2 "a Reading © Implementing Resolution C7 Set Public Hearing For CONTINUED TO FILE NUMBER Approve an Appropriation Adjustment recognizing the receipt of funds, to be deposited into the Federal Clean Water Enterprise Fund revenue account and appropriating the same into the Federal Clean Water Enterprise Fund expenditure account, from the following participating agencies in the stated amounts: a. Orange County Flood Control District $1,600,000 b. City of Newport Beach $1,500,000 c. Irvine Ranch Water District (design and construction only) $195,000 $3,295,000 Approve an Appropriation Adjustment to carry forward a portion of the Fiscal Year 2013 -14 project appropriation, in the amount of $1,056,950 from the Federal Clean Water Enterprise Fund prior year fund balance, and appropriate the same amount into the Federal Clean Water District Fund expenditure account, to complete the City of Santa Ana's share of the project funding. Approve an Appropriation Adjustment recognizing the receipt of $1,000,000 from the Orange County Water District, due upon filing the project Notice of Completion, to be deposited into the Federal Clean Water Enterprise Fund revenue account and, appropriating the same amount into Federal Clean Water Enterprise Fund expenditure account. DISCUSSION The Santa Ana -Delhi Diversion project is a regional collaboration between the City of Santa Ana, the County of Orange (OC), the Orange County Flood Control District (OCFCD), and the cities of Newport Beach and Costa Mesa. The project is located south of SR -73 and east of SR -55 in the Newport Beach Golf Course (Exhibit 1). The goal of the Delhi project is to improve the water quality in Newport Bay and increase regional groundwater supplies. The City of Santa Ana will greatly benefit from this project because it will help meet federal storm water program requirements mandated by the California State Water Resources Control Board. Compliance with these federal requirements would otherwise prove to be very costly to Santa Ana. 20C -1 Approve Appropriation Adjustments for Santa Ana -Delhi Channel Diversion Project November 15, 2016 Page 2 The City of Santa Ana is the lead agency for the design and construction of the project. Upon completion of the project, the parties will jointly share in the future costs of the operation and long -term maintenance of the project which will be performed by both OC and OCFCD. Those maintenance costs and related funding are included in the total project funding commitments detailed below. The cost of the Santa Ana Delhi Diversion project design, construction, and 20 -year maintenance is estimated at $9.4 million. In addition to a $2,572,875 Measure M2 Grant from the Orange County Transportation Authority, the cooperative agreement, approved by the City Council on July 5, 2016, identifies the cost share for each participating party as follows (Exhibit 2): FUNDING SOURCE SUBTOTAL COMMITMENT Project Specific Grant .. .... ....... • Measure M2 (FY 2013 -14 CIP) $2,572,875 $2,572,875 City of Santa Ana $1,900,000 Orange County Water District (Construction only via Escrow) $1,000,000 $1,000,000 Total Commitments 1 $9,367,875 The City of Santa Ana's share of $1,900,000 is comprised of the following appropriations in the Federal Clean Water Protection Enterprise: ACCOUNT NO. AUTHORITY AMOUNT 05717640 -66220 Approved in FY 2015 -16 CIP $343,050 05717640 -66220 Appropriation Adjustment No. 2016 -103 A roved b Council, April 19, 2016 $500,000 05717640 -66220 Adjustment - Upon Council approval $1,056,950 _Appropriation TOTAL CITY OF SANTA ANA SHARE: $1,900,000 As referenced above, contributions from the participating agencies totaling $3,895,000 will be deposited and classified in a liability account until the project expenditures are incurred. The Orange County Water District (OCWD) share of $1,000,000 is not due to be submitted until the project Notice of Completion has been filed. 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 20Ci -2 Approve Appropriation Adjustments for Santa Ana -Delhi Channel Diversion Project November 15, 2016 Page 3 (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration (MND) was prepared for the Santa Ana Delhi Channel Diversion Project (Exhibit 3). As noticed in the Orange County Register on January 27, 2016, the public review period for the MND was from January 27, 2016 to February 25, 2016. Documentation was available for viewing on the City website, the Public Works Counter in City Hall, the Santa Ana Main Library, and the Orange County Public Library, Mesa Verde Branch. Written comments on the MND were received from Orange County Public Works, Department of Transportation (Caltrans), Orange County Water District, John Wayne Airport, and the Santa Ana Regional Water Quality Control Board. The comments did not present issues that were substantive in nature or resulted in changes to any MND findings. All comments have been addressed in the Response to Comments document to the MND. The proposed project would have a less than significant impact on the environment. As planned, the Delhi Project would eliminate dry weather flows in the Santa Ana Delhi Channel to help improve wafter quality in downstream receiving waters including Upper Newport Bay. FISCAL IMPACT The total participating agency contribution for this project is $3,895,000. On April 19, 2016, Council approved the appropriation of $600,000 from the City of Costa Mesa. Approval of the recommended Appropriation Adjustment will allow additional funds in the amount of $3,295,000 to be deposited into the Delhi Diversion Project liability account (No. 05701001 - 25002) as they are received during Fiscal Year 2016 -17. The $600,000 in funds (City of Costa Mesa) is available in the Balance Carry Forward in the FY 2016 -17 to complete the $3,895,000 project contribution. After project expenditures are incurred, revenues in the amount of $3,895,000 will be recognized and appropriated for capital expenditure in the Federal Clean Water Protection Enterprise Fund in the following revenue and expenditure accounts: PARTICIPATING AGENCY AMOUNT REVENUE ACCOUNT EXPENDITURE ACCOUNT City of Costa Mesa $600,000 05717002 -57013 05717660 -66220 County of Orange and OC Flood Control District $1,600,000 05717002 -57014 05717660 -66220 City of Newport Beach $1,500,000 05717002 -57017 05717660 -66220 Irvine Ranch Water District $195,000 05717002 -57016 05717660 -66220 TOTAL PARTICIPATING AGENCY SHARE $3,895,000 The City of Santa Ana's project contribution of $1,900,000 is comprised of $343,050 budgeted in the Fiscal Year 2015 -16 Capital Improvement Program in the Federal Clean Water Protection Enterprise Fund Capital Expenditures account (No. 05717640- 66220) and $500,000 appropriated by Council action on April 19, 2016, into the same account (Appropriation Adjustment No. 2016 -103). $1,100,000 was budgeted in Fiscal Year 2013 -14 in the Federal Clean Water Protection Enterprise Fund Capital Expenditures account (No. 05717640 - 66220) for this project; however, only $1,056,950 is needed to complete the City's share. 20C -3 Approve Appropriation Adjustments for Santa Ana -Delhi Channel Diversion Project November 15, 2016 Page 4 Upon approval of the recommended appropriation adjustment, $1,056,950 will be recognized from the Federal Clean Water Enterprise Fund prior year fund balance (Account No. 05717002 - 50001) and appropriated into the Federal Clean Water Protection Enterprise Fund Delhi Diversion Project expenditure account (No. 05717640- 66220). Maintenance costs related to the Project (20 -year duration) will be brought back for Council Consideration after completion of the Project to identify the spending plan by fiscal year along with the related amounts. Estimated Project spending plan is as follows: FISCAL YEAR AMOUNT 2016 -17 $1,500,000 2017 -18 $5,000,000 2018 -19 $1,867,875 2018 -19 (20-year Maintenance $1,000,000 TOTAL PROJECT COST: $9,367,875 Estimated Project expenditures are as follows: DELHI PROJECT EXPENDITURE BUDGET AMOUNT Project Administration, Environmental, Permits $763,540 Construction $5,736,075 Construction Management $409,920 Inspection, Testing $433,540 Construction Contingency $1,024,800 20 -year Maintenance $1,000,000 TOTAL PROJECT COST: $9,367,875 Fred Mousavlpour r Executi� Executive Director Finance Public Works Agency FM /EWG/TC /MG AS TO FUNDS & ACCOUNTS: Gutierrez Exhibits: 1. Location Map 2. Copy of Cooperative Agreement with Participating Agencies 3. Mitigated Negative Declaration 20C -4 Services Agency PAULARINO AV % Proposed PipellnetSawer Connection — BAKER ST \ Mw r aAu4ARrnro cri.aNU�t. (E 0 asy �r��r� .�Yi1i17ee�aaaxll�inrEa1114Ay�� `��p � r: ♦�`�$`'� w A�tP• C+� IGN — O ARLINGTON DR WAYNE N PROPOSED L @fiend �'tiy DIVERSION ■■I■ Proposed Diversion P@peline STRUCTURE �� r• �tt� /4 `\ \ 0zN 4..a R>t■ txlstingSeweriine /* � 1�`p��` �°.« �y � � 004.0 0CFCD Crninage i ilities %y SA�µ� '+ = `_ti + ✓' G — City Boundaries Location Map EXHIBIT 1 SANTA ANA P�1City Council Agenda Date Project No. 16 -6467: Santa Ana Delhi PURUIICWORRSACENCY November 15 20161 Channel Diversion - AA 20C -5 20C -6 A -2016 -180 EXHIBIT 2 November 15, 2016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 City of Santa Ana Orange County Flood Control District County of Orange City of Newport Beach City of Costa Mesa Orange County Water District Irvine Ranch Water District 20C -7 AGREEMENT This Santa Ana -Delhi Channel Diversion Project Agreement ( "Agreement ") is made as of this _ day of , 201_, ( "Effective Date ") by and among The City of Santa Ana, a California charter city ( "SANTA ANA "), The Orange County Flood Control District, a body corporate and politic ( "OCFCD "), The County of Orange, a political subdivision of the State of California ( "COUNTY "), The City of Newport Beach, a California municipal and charter city ( "NEWPORT BEACH "), The City of Costa Mesa, a California municipal corporation ( "COSTA MESA "), The Orange County Water District, a subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended ( "OCVVD' ), and The Irvine Ranch Water District, a. California water district organized under Section 34000 et seq. of the California Water Code (" IRWD "); which are sometimes individually referred to as "Party," or collectively referred to as "Parties." The following definitions shall hereinafter apply: Additional Annual O &M Costs - a Funding Party's proportionate share as specified in Exhibit C2 to cover annual O &M expenses upon exhaustion of the Initial O &M Deposit (as defined below). Additional Participant - a third parry point source discharger in the Watershed Area or other Project beneficiary that has entered into an agreement signed by all Parties committing its contribution toward the 0 &M costs in order to receive regulatory compliance, offsets or credits offered by the Project. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 2 of 69 20C -8 Airport Director — the Director of John Wayne Airport Approved Plans - those Project plans, specifications, and engineering estimates ( "PS &E" see definition below) which have been approved through the County Property Permit process. Approved Plans shall also include those PS &E revisions and /or contract change orders approved in writing by the Project Representatives (as defined in Section 1). Bond - the faithful performance bond, payment bond, or warranty bond required to be provided by the Contractor pursuant to this Agreement. (collectively "Bonds) CPP - the process to obtain a County Property Permit from the County of Orange. CEQA — the California Environmental Quality Act (California Public Resources Code § 21000 et seq.). Channel - the Santa Ana -Delhi Diversion Channel designated OCFCD Facility No. FO 1. Cities - refers to SANTA ANA, NEWPORT BEACH, and COSTA MESA collectively Claims - liabilities, actions, suits, claims, demands, losses, costs, tortious, contractual, condemnation, inverse condemnation, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees; including those arising from injuries to or death of persons, for damage to property, or liability of any kind or nature. Conceptual Report — that Diversion Structure Water Capture and Reuse Structure Concept Feasibility Study dated July 8, 2013 which reviewed the technical and economic feasibility of reducing pollutants inflows and trash to the Channel. Contractor - that contractor and its subcontractors that have entered into a construction contract with SANTA ANA for the Project. Days — unless otherwise specified to the contrary, "days " in this Agreement shall mean business days as defined by the City of Santa Ana. Director — the Director of OC Public Works or designee. Diversion Structure — an urban discharge diversion system as may be constructed near the intersection of Mesa Drive and Irvine Avenue as shown on the attached Exhibit B (hereinafter referred to as the "Preliminary Plans "), which shall include features that Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 3 of 69 20C -9 extend across a segment of Channel designed to divert trash and debris into a containment area, while conveying low -flows where pollutants will be captured, and further discharged into an Orange County Sanitation District trunk line for conveyance to its sanitary sewer treatment plant and thereafter to the OCWD Groundwater Replenishment System. The Diversion Structure will modify the existing Channel with a concrete weir crossing the channel bottom and alter approximately 100 feet of the Channel's north wall to accommodate fixture of a debris boom, inlet and bypass outlet structures. Estimated Cost - the itemized estimate of Project Capital Costs and O &M expenses listed on Exhibit C3 from an Opinion of Probable Construction Cost referenced as "Engineer's Estimate 15 -058" by AECOM dated July 24, 2015 based upon 60% Design Plans. Facility (sometimes also referred to as the "Facilities" or "Project Facilities ") — final Project (as defined below) improvements constructed in accordance with the Approved Plans, which shall include the Diversion Structure, related pumps, pipelines and features necessary for operations. Flood Control Act - Orange County Flood Control Act set forth in California uncodified Water Code, Act 5682, section 2, also referred to as Water Code App. Sections 36 -1 et seq, also referred to as Chapter 723 of the State of California Statutes of 1927, as amended. Force Majeure Event - those events specified in Section 2.5.4 that materially and adversely interfere with or increase the costs of performing SANTA ANA's obligations hereunder, provided that such event (or the effects of such event) could not have been avoided by SANTA ANA's use of reasonable effort. Funding Partner — SANTA ANA, NEWPORT BEACH, COSTA MESA, OCFCD, COUNTY or IRWD as shown on Exhibit C2 (collectively the "Funding Partners "). Golf Lessee — Public golf course operator, Newport Beach Golf Course, LLC, its successors or assigns, which leases a portion of County land, under the purview of John Wayne Airport that may be impacted by the Project. Grant - that Measure M2 Environmental Cleanup Program Grant from the Orange County Transportation Authority awarded to SANTA ANA in the amount of TWO MILLION, FIVE- HUNDRED SEVENTY -TWO THOUSAND, EIGHT HUNDRED, and SEVENTY -FIVE DOLLARS ($2,572,875) for Project Capital Costs. Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 4 of 69 20C -10 HM -1 - hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law existing prior to the Project and not disturbed by the Project. HM -2 - hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the Project or as a result of the Project. HM Management Activities - management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements, clean-up and disposal facility designations. Initial O &M Deposit - a transfer of ONE MILLION DOLLARS ($1,000,000) from SANTA ANA to the O &M Account maintained by OCFCD in accordance with the terns herein John Wayne Airport ( "JWA" or "Airport ") — an airport established by ordinance of the County of Orange Board of Supervisors pursuant to the laws of the State of California and the federal government, which is operated on an enterprise basis at no cost to the taxpayer. Although JWA is a department of the County of Orange, the Parties agree JWA is not a Funding Partner to this Agreement, and as such is not required to financially contribute to the Project, associated O &M or Reserve Fund, but retains rights under this Agreement as a Project Representative and as otherwise provided herein. NPDES — National Pollutant Discharge Elimination System stormwater permit program authorized by Section 402 of the Clean Water Act, 33 U.S.C. §1251 et seq. of 1972, as amended, also referred to as a Municipal Separate Storm Sewer System ( "MS4 ") Permit. OCSD - the Orange County Sanitation District. OCWD Project Contribution - a one -time, lump -sum payment from Orange County Water District (OCWD) of ONE MILLION DOLLARS and 00 /100 ($1,000,000.00) toward the Project construction costs. O &M — operation and maintenance. O &M Contractor — a contractor under contract with OCFCD or COSTA MESA to perform operation and maintenance on the Facility or portion thereof. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 20C -11 Page 5 of 69 O &M Fund - monies deposited into the 0 &M Account in amounts paid in accordance with the terms herein, to be used by OCFCD or COSTA MESA for Facility operation, maintenance, and repair or replacement required clue to a catastrophic event. O &M Account - a separate account for the Initial O &M Deposit and OCFCD O &M Fund established by OCFCD and maintained consistent with all applicable OCFCD /COUNTY or other governmental laws, rules and regulations pertaining thereto, to receive from SANTA ANA a transfer of $1,000,000 from the Project Fund (e.g. the Initial O &M Deposit), Additional Annual O &M Costs and other monies consistent with the purposes of the O &M Fund. O &M Manual - the Operation and Maintenance Manual for the Facility and components thereof. Oversight Inspector - a qualified OC Public Works inspector or representative assigned through the CPP process by OCFCD /County to verify that construction of the Diversion Structure and other Facilities on OCFCD and COUNTY right -of -way are accomplished in a good, workman -like manner and in accordance with the Approved Plans per OCFCD and COUNTY standard. NEPA - National Environmental Policy Act, 42 U.S,C § 4231 et seq. Project — the Santa Ana -Delhi Channel Diversion Project is a regional water quality project intended to protect Upper Newport Bay from pollutant loadings generated by discharge flows, debris, and trash from the Channel and its watershed, and includes all right -of -way necessary for its implementation. The Project will remove dry - weather channel flows from the Channel watershed with the Diversion Structure, as further defined in Recital B. The Project shall include work within the limits indicated on Exhibit A performed concerning design, construction, and O &M of the Project and Facilities. Project Capital Costs — those Project costs referenced in Exhibit C3 including, but not limited to, design engineering, permits, right -of -way, easements, project administration, consultant costs, environmental reports, costs associated with CEQA, NEPA, Resource Agency or Regulatory compliance, surveying, investigation, testing, monitoring, construction, equipment, materials, contracts, warranties, attorney fees, Newport Beach Golf Course lost revenue, costs for defense of CEQA/NEPA lawsuit and costs for hazardous material management activities related to HM -2 as defined in Section 8 (Hazardous Material). O &M costs are not a put of the Project Capital Costs. Santa Aria -Delhi Channel Diversion Project Agreement D15 -013 Page 6 of 69 20C -12 Project Costs — those actual costs as estimated and referenced in Exhibit Cl and Exhibit C3 covering all costs associated with the Project, Project Fund - a separate account established by SANTA ANA and maintained consistent with all applicable SANTA ANA or other governmental laws, rules and regulations pertaining thereto, wherein SANTA ANA shall deposit amounts paid by the Parties for Project Costs. PS &E - Project plans, specifications, and engineering estimates agreeable to the Project Representatives (as defined in Section 1) which have been approved through the County Property Permit process. Regional Board — the Santa Ana Regional Water Quality Control Board. Regulations — those federal and state regulations or requirements applicable to point source discharges, as more particularly described in Recital A, which are prescribed by the Santa Ana Regional Water Quality Control Board, California State Water Resources Control Board, and/or United States Environmental Protection Agency that have jurisdiction within the Santa Ana -Delhi drainage system depicted on Exhibit A. Reserve Fund - After exhaustion of the Initial O &M Deposit, monies deposited into the O &M Funds which are designated for reserve fund purposes as specified in Section 3.7.9. to be used by OCFCD and/or COSTA MESA to repair or replace the Facilities, Project - related Channel improvements and /or appurtenances, or portions thereof damaged due to a catastrophic event Resource Agency(ies) — each one of the following entities or collectively, all of them: U.S. Army Corps of Engineers, U.S, Fish and Wildlife Service, Federal Emergency Management Agency, California Department of Fish and Wildlife, Santa Ana Regional Water Quality Control Board, and Coastal Commission. Sponsor - OCFCD, the COUNTY, COSTA MESA, NEWPORT BEACH, or SANTA ANA (collectively the "Sponsors ") and which shall include IRWD in accordance with Exhibit C2b. Sponsorship Share - a Sponsor's share of participation in funding, credits and offsets pursuant this Agreement and /or the Project, based upon the percentages denoted on Exhibit C2a and C2b. State Board — the California State Water Resources Control Board. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 20C -13 Page 7 of 69 TCE - temporary construction easement. Term - unless otherwise terminated or extended, this Agreement shall be effective for an initial term of twenty -five years commencing on the Effective Date, and shall automatically renew for ten year terms thereafter. TMDL - Total Maximum Daily Loads. Watershed Drainage Area - the impacted watershed area within Project limits shown on Exhibit A. RECITALS A. The Parties are subject to regulations or requirements applicable to point source discharges for bacteria, metals, nutrients, trash, selenium and other constituents; including but not limited to, TMDL, applicable provisions of dewatering permits and time schedule orders the Municipal Separate Storm Sewer System (" MS4 Permit, and/or other discharge permits, waste discharge requirements, or discharge- related orders. In a collaborative effort SANTA ANA, NEWPORT BEACH, and COSTA MESA (collectively, "Cities ") pursued satisfying current and future NPDES requirements and proposed trash amendment to MS4 Pernit requirements (see Recital Q) through the development of a watershed regional diversion project. The Project requires OCFCD and COUNTY cooperation in order for the Diversion Structure component to be constructed, operated and maintained in and about the Channel; a portion of the land is under the purview of JWA. B. The Parties, other than OCWD and IRWD, caused the Diversion Structure Water Capture and Reuse Structure Concept Feasibility Study dated July 8, 2013 to be conducted in order to review the technical and economic feasibility of reducing pollutants inflows and trash to the Channel ( "Conceptual Report"), Based upon the Conceptual Report findings, possible locations for the Diversion Structure system and the Project limits shown on Exhibits A -1 an d AA2 within the impacted watershed area (i.e., the Watershed Drainage Area) were proposed and alternative Facility components were discussed. C. The proposed Project is to be designed for the benefit of the Parties, who occupy or operate within a region of approximately 11,120 acres, by diverting dry - weather flows and trash from the Santa Ana -Delhi drainage system shown in Exhibit A. D. It is contemplated that the Diversion Structure will be constructed upon land owned by COUNTY, under the purview of JWA, Part of this County -land is leased to the "Golf Lessee," and other parts are utilized for OCFCD's Channel and flood control purposes in accordance with the Flood Control Act. E. OCFCD, COUNTY and JWA are amenable to accommodating the Diversion Structure and appurtenant components upon their right -of -way in accordance with the terns herein, provided that the Project: (1) will not violate the COUNTY's vesting deed restrictions or Santa Ana -Delhi Channel Diversion Project Agreement M5 -013 Page 8 of 69 20C -14 create a nuisance, (2) will not interfere with flood control or Airport operations or operational requirements, (3) will minimize its effect on Golf Lessee, and (4) mitigates and compensates JWA and /or Golf Lessee for any negative impact due to the Project. F. The Project's proposed plan as shown on Exhibit B (Preliminary Plan) is to install, operate, and maintain pipelines within public street right -of -way The Cities are amenable to accommodating pipelines and other necessary Project Facilities within their respective public street right- of-way in furtherance of the Project. G. SANTA ANA will be the lead agency for the Project under CEQA, and if applicable NEPA, as well as being responsible for the PS &E, acquisition of property rights, relocations, necessary permits and easements, and construction administration necessary for the Project. H. The Parties anticipate the Project costs to be about $9,367,875 ( "Estimated Cost ") based upon the itemized estimated expenses listed on Exhibit C3. I. The Estimated Cost amount includes an estimate of long -tern O &M expenses projected over twenty years in the amount of ONE MILLION DOLLARS ($1,000,000). J. SANTA ANA has been awarded a Measure M2 Environmental Cleanup Program Grant from the Orange County Transportation Authority in the amount of TWO MILLION, FIVE- HUNDRED SEVENTY -TWO THOUSAND, EIGHT HUNDRED, and SEVENTY -FIVE DOLLARS ($2,572,875) ( "Grant "), which shall be used for the capital construction costs associated with the Project. R. The Project proposes to divert trash and debris into a containment area while conveying dry- weather flows into an Orange County Sanitation District trunk main which serves an OCSD sanitary sewer treatment plant and thereafter to the OCWD Groundwater Replenishment System. In furtherance of the Project, OCWD has offered to pay a one -time sum of ONE MILLION DOLLARS ($1,000,000) toward the construction costs pursuant to the terms and conditions provided herein. SANTA ANA will accept and expend said funds from OCWD for the construction of the PROJECT. L. SANTA ANA is committing its resources and is agreeable to contribute toward the Project design, construction, and O &M. SANTA ANA agrees to make one lamp sum payment for their proportionate share in the costs for the design, construction long -term O &M costs in an aggregate amount not to exceed of ONE MILLION, NINE - HUNDRED THOUSAND DOLLARS ($1,900,000), as denoted in Exhibit C1. M. OCFCD and COUNTY are agreeable to contribute toward Project design, construction, and O &M. Per the terms of this Agreement, OCFCD and COUNTY agrees to make one lump sum payment of their joint proportionate share in the costs for the design and construction, and long -term O &M in an aggregate amount not to exceed ONE MILLION, SIX - HUNDRED, THOUSAND DOLLARS ($1,600,000), as denoted in Exhibit Cl. OCFCD is agreeable to accept certain ownership, O &M responsibilities, in accordance with the terms herein, for the portion of the Facilities located upon OCFCD, COUNTY and/or JWA right -of- way. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 9 of 69 20C -15 N. NEWPORT BEACH is agreeable to contribute toward the Project construction and make a lump sum payment in the amount of ONE MILLION, FIVE - HUNDRED THOUSAND DOLLARS ($1,500,000), as denoted in Exhibit Cl. 0. COSTA MESA is agreeable to contribute toward Project design, construction, and O &M. COSTA MESA agrees to make one lump sum payment for it proportionate share in the costs for the design, construction, and long -term O&M costs in an aggregate amount not to exceed SIX - HUNDRED THOUSAND DOLLARS ($600,000), as denoted in Exhibit Cl. COSTA MESA agrees to accept certain ownership, O &M responsibilities, in accordance with the terms herein, for the Facility pipelines located outside of OCFCD, COUNTY and/or JWA right -of -way. P, IRWD discharges pumped groundwater to the Channel from wells pursuant to certain permits issued by COUNTY. In consideration of the effect of the quantity of such discharges upon the design and capacity of the Project, IRWD is willing to contribute one lump sum payment in the amount of ONE HUNDRED AND NINETY -FIVE THOUSAND DOLLARS ($195,000), as denoted in Exhibit Cl as its share of Project design and construction. IRWD shall not contribute to O &M costs. Q. The Parties contemplated statewide trash amendments by the State Board currently approved "Armendment to the Water Quality Control Plan for the Ocean Waters of California to Control Trash and Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California," which in the future would be reflected in stormwater MS4 Permits. It is intent of the Parties to collaborate efforts in order for the Project to qualify as an implementation plan, or portion thereof, under such requirements. R. After the Diversion Structure and the Facilities become operational and at any point establish an additional regulatory benefit or credit which may be allocated among the Parties, and/or traded or sold to an outside third party at market -based rates, the Parties desire to clarify herein how a Party might receive its fair share of the economic value generated and realized. S. The Parties further desire that the Agreement address how the Parties may amend their respective financial commitments as specified in Exhibit C2a and C2b by revising the percentages representing then proportionate share to include requiring the contribution from future, additional point source dischargers who benefit from the Project Facilities. T. Therefore, the Parties mutually desire to enter into this Agreement to set forth their respective rights and obligations with respect to the Project development, and the possible construction, and long -term O &M of the Facilities. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 10 of 69 20C -16 AGREEMENT NOW, THEREFORE, in consideration of the foregoing Definitions and Recitals, which are incorporated herein by reference, and the mutual covenants and promises among the Parties hereinafter set forth, the Parties agree as follows: SECTION 1 PROJECT REPRESENTATIVES 1.1 SANTA ANA Project Representative. The City Manager of the City of Santa Ana or his designee shall be authorized to perform all actions required to implement this Agreement on behalf of SANTA ANA and serve as the Project Representative for SANTA ANA for all purposes related to this Agreement. 1.2 COUNTY and OCFCD Project Representative. The Director shall be authorized to perform all actions required to implement this Agreement and to serve as the Project Representative, jointly and individually, for OCFCD and the COUNTY as Parties and property right owners; as well as, for the COUNTY as to unincorporated areas of the watershed within its jurisdiction that are not part of JWA operations. 13 John Wayne Airport Project Representative, The Airport Director or designee shall be authorized to perform all actions required to implement this Agreement and to serve as the Project Representative on behalf of JWA for all purposes related to this Agreement. 1.4 NEWPORT BEACH Project Representative. The City Manager of the City of Newport Beach or designee shall be authorized to perform all actions required to implement this Agreement on behalf of NEWPORT BEACH and serve as NEWPORT BEACH's Project Representative for NEWPORT BEACH for all purposes related to this Agreement. 1.5 COSTA MESA Proiect Representative. The City Manager of the City of Costa Mesa or designee shall be authorized to perform all actions required to implement this Agreement on behalf of COSTA MESA and serve as COSTA MESA's Project Representative for all purposes related to this Agreement. 1.6 IRWD Project Representative. The General Manager of the Irvine Ranch Water District or designee shall be authorized to perform all actions required to implement this Agreement on behalf of IRWD and serve as IRWD's Project Representative for all purposes related to this Agreement. 1.7 Whenever reference is made herein to an action or approval to be undertaken by a Party, the Project Representative shall be authorized to act on behalf of its respective Party unless specifically provided otherwise or the context requires otherwise. Any determination of change which if implemented may materially alter the terms and financial obligations of the Parties shall require an amendment of this Agreement approved in writing by each Party's board, council, or governing body. 1.8 The Project Representatives shall have authority to send invoices, make and receive Santa Ana-Delhi Channel Diversion Project Agreement D15 -013 Page 11 of 69 20C -17 payments, and perform all other activities required to satisfy the financial responsibilities of their respective Party in accordance with the terms herein. 1.9 Each Party and their respective Project Representative acknowledge that the Project is made possible by virtue of certain Grants and agrees to make every effort to assist and cooperate with SANTA ANA, the Grant Administrator, for the Project to remain in full compliance with the terms of the Grant. 1.10 The Parties agree that JWA and/or Golf Lessee will be compensated for any unmitigated negative impacts to the Golf Course and /or Golf Lessee operations caused by the Project construction or operation only if actual losses or damages are incurred and substantiated. Costs associated with this obligation are Project Cost estimates in Exhibit C3. SECTION 2 RESPONSIBILITIES OF SANTA ANA 2.1 General Responsibilities SANTA ANA shall be responsible for the design, environmental review, obtaining all required Resource Agency approvals, CPP, permits and easements, and construction of the Facilities developed for the Project under the terms of this Agreement. SANTA ANA shall deposit amounts paid by the Parties for Project design and /or construction into a separate account designated for such funds as the Project Fund. Within forty (40) days of the execution of this Agreement, SANTA ANA shall deposit a lump sum amount for design, construction, and the annual O &M costs as established per Exhibit C3, into the Project Fund Account, The Grant funds shall be paid to the Project Fund on a reimbursement basis pursuant the terms and conditions of said grant. 2.2 Environmental Review / Permitting 2.2.1 SANTA ANA shall be the lead agency for purposes of CEQA, prepare the necessary environmental documents and secure all necessary resource agency permits for the Project. SANTA ANA shall secure the rights -of-way for the Project, including any needed for the O &M of the Diversion Structure and all Facilities. 2.2.2 SANTA ANA shall obtain the prior written approval from the Project Representative(s) of any Party with jurisdiction and/or property rights to any permit concerning said property which potentially includes post - construction agreements, obligations or conditions (e.g., mitigation requirements) imposed by any governmental or regulatory agency. 2.23 SANTA ANA shall apply for permits and maintain Project compliance with all permits, regulations and laws. As referenced in Recital Q, the development of the Project contemplated statewide trash amendments by the State of California Water Control Board currently approved "Amendment to the Water Quality Control Plan for the Ocean Waters of California to Control Trash and Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California." SANTA ANA shall, if the Project Representatives mutually determine it is necessary, change the Project procedures as to its implementation, Santa Ana -Delhi Channel Diversion Project Agreement D1S -013 Page 12 of 69 20C -18 monitoring, and reporting to assist with a Party's respective stormwater discharge permit compliance. 2.3 Desien 2.3.1 The Parties acknowledge SANTA ANA had the "Santa Ana -Delhi Channel Diversion Project Technical Memorandum 1", dated July 2015 and revised in October 2015, prepared which provides a description of the Project operations and land requirements for alternate design plans. Among the alternatives presented in that memorandum, the Parties wish to implement Scenario 1 where the Facilities will have direct discharge to the Orange County Sanitation District Regional Sewer System as depicted in the "Preliminary Plan" shown on Exhibit B, attached. The Facilities are to be constructed in accordance with Approved Plans that specify its components which may include, among other things and in addition to the modifications to the existing channel section, diversion structure, submersible pumps, floating boom, weirs, screening bars, and debris containment area. 2.3.2 SANTA ANA shall require and ensure that all consultants, engineers and mitigation agents working on the Project environmental, design and construction abide by the insurance and bond requirements as specified in Exhibit G (Insurance, Bonds and Warranties). SANTA ANA agrees to be responsible for the preparation of the PS &E, which shall be consistent with the standards of SANTA ANA and the Party or Parties with jurisdiction or ownership of the right -of- way where construction is to be performed. In case of conflict between such standards, the most stringent standard shall prevail. With regard to the Diversion Stucture and any other Facilities appurtenant, in, on or about the Channel or right-of-way held by OCFCD or COUNTY, the PS &E shall be consistent with OCFCD standards, criteria, customs and practices and receive Director's and JWA's approval prior to commencement of construction through OCFCD's CPP process. 2.3.3 SANTA ANA shall provide the Project Representatives opportunities to review the PS &E at the 60% and 90% submittal levels and to provide timely comments prior to submittal of the PS &E to the relevant resource agencies that must issue permits for construction of the Project or O &M of the Facilities. The Project Representatives shall review the revised PS &E in a timely manner and indicate their approval or disapproval of the same to SANTA ANA. SANTA ANA shall address the comments in the drafts. SANTA ANA shall promptly provide each Project Representative with a reproducible copy of the PS &E as well as a copy of all Project - related documents. SANTA ANA shall be responsible for retaining all consultants necessary to prepare the PS &E and Approved Plans in accordance with applicable law. 2.4 Right- of-Wav 2.4.1 Prior to commencing construction, SANTA ANA shall obtain all necessary permits, easements, and any right of way necessary from landowners in order to use their respective properties for the construction and O &M of the Facilities. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. SANTA ANA shall be responsible for providing the legal descriptions required for right -of -way transactions needed for the Project, subject to the Santa Ana -Delhi Channel Diversion Project Agreement D15•01.1 Page 13 of 69 20C -19 review and approval of the Parties which are to participate in the proposed right-of-way and /or interest transaction. 24.2 Prior to commencing Project construction, SANTA ANA shall work with OCFCD and JWA to obtain from the Irvine Company written concurrence that the proposed Project will not unreasonably interfere with their respective rights or interest in the subject property. 2.4.3 The Parties acknowledge the primary purpose of the OCFCD /COUNTY right -of -way for the proposed Diversion Structure is for flood control purposes and operation of the Channel. If firture circumstances necessitate relocation of the Diversion Structure, or if design requires additional right -of -way for the Project beyond that anticipated to be provided, the Parties shall meet and confer in good faith to identify a preferred location or other alternatives which would not impede flood control operations. Costs of relocation shall be the responsibility of the Parties and shall be allocated among the Parties, other than OCWD and IRWD, based on Sponsorship shares as specified in Exhibit C2a attached herein, 15 Construction 2.5.1 SANTA ANA shall be responsible for bidding, awarding, and administering the construction contract(s) of the Project in accordance with the terms of this Agreement. 2.5.2 Upon compliance with CEQA, (and NEPA if applicable), certification and approval of all necessary environmental documents, approval by all of the Project Representatives of associated mitigation requirements, receipt of all regulatory agency approvals, final approval of the PS &E and Approved Plans, and acquisition of right -of -way necessary for all work necessary for the Project, then SANTA ANA shall advertise a contract for construction of the Project for formal bidsper applicable sections of tlue California Public Contract Code, The Project Representatives shall have the opportunity to review all bids. If the lowest responsive and responsible bid would cause the Estimated Cost shown in Exhibit C3 (which includes the 20% contingency amount) to be exceeded, then the Project Representatives shall meet and confer and mutually agree by unanimous vote whether (i) SANTA ANA should award a contract for constriction of the Project to the lowest responsive and responsible bidder, (ii) SANTA ANA should reject all bids and re -bid the Project, or (iii) the Parties shall terminate or amend this Agreement, If all conditions precedent to construction of the Project set forth in this Agreement have been satisfied, SANTA ANA shall award a construction contract to the lowest responsive, responsible bidder and enter into that contract with the Contractor. SANTA ANA shall obtain advance written approval from Parties Representatives for any construction contract change orders and the implementation thereof. 2.53 The Parties agree to cooperate in good faith and exercise best efforts in order to meet grant(s) requirements set forth in Exhibit F, to the best of their Imowledge, and to assist the Project in complying with a project schedule established by SANTA ANA to meet the requirements of Project permits and approvals. In addition, certain activities necessary to complete the Project may result in delays, such as securing environmental certifications /approvals, permitting, securing rights -of -way, Force Majeure Events, and /or obtaining necessary approvals of the Parties relative to design and construction of the Project. Sauta Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 14 of 69 20C -20 2.5.4 For purposes of this Section, a "Force Majeure Event" shall mean any of the following events that materially and adversely interferes with or increases the costs of performing SANTA ANA's obligations hereunder, provided that such event (or the effects of such event) could not have been avoided by SANTA ANA's use of reasonable efforts: naturally occurring events (such as landslides, underground movement, earthquakes, fires, tornadoes, hurricanes, floods, lightning, epidemics and other acts of God), Hazardous Material Management Activities (see Section 9), explosion, sabotage or other act of war or public enemy. 2.5.5 SANTA ANA shall require and ensure that the Contractor selected pursuant to this Section and each of the Contractor's subcontractors abide by the insurance requirements as specified in Exhibit G (Insurance, Bonds and Warranties), and name each Party and JWA as an additional insured, and that such Contractor's and subcontractors' indemnity, defense, hold harmless, and insurance obligations under SANTA ANA's agreement with the Contractor expressly benefit each other Party and JWA in the same manner and to the same extent as SANTA ANA. 2,5.6 SANTA ANA shall require and ensure that the Contractor, prior to commencement of construction, furnish a faithful performance bond, payment bond, and warranty bond in an amount equal to the estimated construction cost of the Facilities (including labor and materials) and to perform contract obligations. These bonds shall, at a minimum, comply with the requirements specified in Exhibit G. Each bond shall name the Parties and JWA as beneficiaries and grants each Project Representative the right to enforce the bond to complete the Facilities in compliance with all construction obligations including but not limited to those for warranties. SANTA ANA and the Project Representatives agree to not release the Contractor from its bond(s) without the first obtaining mutual written approval by the Project Representatives. 2.5.7 During construction, SANTA ANA shall provide access for purposes of inspection by any Project Representative to ensure that the Project work is being performed in accordance with the Approved Plans. Any Party's entry during construction upon COUNTY land shall require prior notice to JWA. 2.5.8 After construction, SANTA ANA shall submit to OCFCD Director for written approval a Notice of Completion of the Diversion Structure and any other Facilities on OCFCD and /or COUNTY right -of -way, which approval shall not be unreasonably delayed, and only after receiving approval, file /record the approved Notice of Completion and furnish OCFCD two copies of the Notice of Completion and one (1) set of Mylar (reversed fixed — line photo Mylar) copies and electronic files in a format acceptable to OCFCD of the approved "Record Drawings" for the Facilities within OCFCD and/or COUNTY right -of -way. Approval shall be withheld only for work not completed per the Approved Plans. 2.5.9 SANTA ANA agrees to not release the Contractor from its performance bond or irrevocable letter of credit obligations prior to receipt of written approval from JWA and the Director to the Notice of Completion. 2.5.10 SANTA ANA shall be responsible to maintain the Charnel and all OCFCD and COUNTY improvements impacted by the Project and/or within Project construction areas, according to OCFCD /COUNTY and JWA standards and criteria, until OCFCD /COUNTY and Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 20C -21 Page 15 of 69 JWA acceptance of the portion of the Facility within OCFCD, COUNTY, and/or JWA right -of- way in accordance with the terms herein. 16 Project Fund raid Grant Administration 2.6.1 Within forty days of the Effective Date, SANTA ANA shall have established the Project Fund account in accordance with the terms herein and deposited into it any Grant funds and amounts paid by the Parties for Project in its possession. SANTA ANA shall be the Grant administrator and hold Grant funds and amounts paid by the Parties for Project Capital Costs in this separate Project Fund, SANTA ANA shall implement disbursements from the Project Fund to pay such Project costs as they become due and in accordance with the terms of the Grant and this Agreement. 2.62 SANTA ANA shall accept and use the OCWD's contribution of ONE MILLION DOLLARS and 00 /100 ($1,000,000.00), made pursuant to Paragraph 2.6.4 below, for the Project construction cost. The funds shall be made available through an escrow account and paid when construction is completed. 2.6.3 SANTA ANA shall keep appropriate records and accounts of all costs. Said records and accounts shall be subject to reasonable inspection by Project Representatives at their expense and by any Grant fimding authorities. Said accounts and records may be audited annually by an independent certified public accounting firm appointed by SANTA ANA pursuant to generally accepted auditing standards. Costs incurred due to this section are to be paid by the Party or Parties initiating the inspection or audit. SANTA ANA agrees to remain at all times in compliance with the terms of the Grant. 2.64 SANTA ANA shall forward to. OCWLk a copy of the Notice of Completion approved by the Director with written request for payment of the ONE MILLION DOLLARS and 00 /100 ($1,000,000.00) pursuant to this Agreement. OCWD's contribution will be deposited into the Project Fund and used prior to SANTA ANA invoicing the remaining Parties as part of the final reconciliation of the Project Fund. 2.6.5 SANTA ANA shall provide Project Fund account statements with updated accounting reconciliations provided upon written request from a Project Representative. Any interest accrued on the Project Fund shall be for the benefit of the Project Fund. A final reconciliation and detailed accounting report will be provided by SANTA ANA upon completion of the Project to each Party. Within forty -five (45) calendar days of Project completion, any excess funds remaining in the Project Fund, minus any unexpended Grant funds, shall be distributed to the Parties per the proportionate shares specified in Exhibit C2, 2.7 Operation and Maintenance (O &M) 2.7.1 SANTA ANA shall be responsible for the preparation of the O &M Manual for the Facility and components thereof as part of the construction contract and its distribution to the Parties for review and approval by the Project Representatives. The Notice of Completion for the Facilities shall not be prepared imtil the O &M Manual has been approved. SANTA ANA agrees Santa Ana�Delhl Channel Diversion Project Agreement D15 -013 Page 16 of 69 20C -22 the Facilities shall be exclusively for the mutual use and benefit of all the Parties and those additional parties allowed pursuant Section 8 below. 2.7.2 Within forty (40) days of the Effective Date, SANTA ANA shall pay the amount of ONE MILLION DOLLARS and 00 /100 ($1,000,000.00) to OCFCD as the initial deposit of O &M funds into the O &M Account ( "Initial O &M Deposit "). 2.7.3 After exhaustion of the Initial O &M Deposits, SANTA ANA agrees to contribute to long -term O &M costs per its proportionate share as specified in Exhibit C2. 2.8 Project Costs 2.8.1 SANTA ANA shall be reimbursed for its actual Project Costs and actual design and construction administrations costs not to exceed the estimated amounts shown on Exhibit C3. SANTA ANA shall prepare invoices accordingly and shall be reimbursed from the Project Fund after sending its invoice(s) with documentation substantiating its actual costs to the Project Representatives within 30 days of reimbursement. SECTION 3 RESPONSIBILITIES OF OCFCD AND COUNTY 3.1 General. Responsibilities 3.1.1 OCFCD and COUNTY ( "OCFCD /COUNTY ") shall review the Project plans and financially contribute toward the Project Fund as shown in Exhibit C2. Within forty (40) days of the execution of this Agreement, OCFCD and COUNTY shall deliver to SANTA ANA a lump surn amount for design, construction, and the annual O &M; not exceed ONE MILLION, SIX - HUNDRED THOUSAND ($1,600,000) as established per Exhibit C2, which will be deposited into the Project Fund Account. Upon sign -off of all related CPP at completion of Project construction according to the Approved Plan, OCFCD shall take ownership, ongoing long term O &M for the portion of the Facility located upon OCFCD, COUNTY and /or JWA right -of -way. 3.2 Environmental Review / Permitting 3.23 OCFCD/ COUNTY and JWA shall comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements obtained for the Project provided those commitments and conditions have been approved by the OCFCD /COUNTY Project Representative and applied to each Party's responsibilities under this Agreement. 3.2.2 OCFCD/ COUNTY Project Representative's prior review and approval of permit conditions and other resource agency approvals shall be required for any that affect or could impact the construction or O &M of the Diversion Structure within OCFCD or COUNTY right - of -way or facilities, or other OCFCD/ COUNTY O &M activities. 3.3 Design Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 17 of 69 20C -23 3.3.1 OCFCD, COUNTY and JWA shall review all draft and final design reports, calculations, and PS &E submitted by SANTA ANA for Project through the CPP process. Such OCFCD, COUNTY, JWA review and approval will be limited to review of the proposed Facilities on OCFCD, COUNTY or JWA right -of -way for conformance with OCFCD, COUNTY or JWA standards, criteria, customs, and practices; to review implications upon the Golf Lessee and proposed remedies, and to ensure the proposed will not interfere with the flood control function of the Channel. Subsequent to the OCFCD, COUNTY, JWA final PS &E approval that becomes the Approved Plans upon mutual acceptance by all Project Representatives, any material design change variance shall require mutual approval by all Project Representatives. Any design change which if implemented would materially alter the terms and financial obligations of the Parties shall require an amendment of this Agreement approved in writing by each Party's board or council. 3.4 Right of Wav 3.4.1 Temporary Construction Easement Ninety (90) days prior to the commencement of any construction activities for the Project, JWA shall deliver to SANTA ANA a Temporary Construction Easement (TCE), substantially in the form of Exhibit D attached, signed and acknowledged by the Airport Director and approved by The Irvine Company in accordance with COUNTY's vesting document obligations. If requested by JWA, SANTA ANA shall provide a legal description in accordance with Section 2.4.1 above for this TCE in a form acceptable to The Irvine Company, COUNTY and OCFCD. 3.4.2 Easement Prior to the commencement of any construction activities for the Project, if deemed necessary, JWA shall deliver to the OCFCD's Director an easement deed substantially in the form of Exhibit E, with a legal description provided by SANTA ANA in accordance with Section 2.4,1 above that has been approved by The Irvine Company in accordance with the terms of COUNTY's vesting deed. The easement would convey rights to OCFCD needed for 0 &M of the portion of the Facilities located on COUNTY land. OCFCD /COUNTY /JWA legal and administrative costs associated with this easement are a Project cost in Exhibit C3. SANTA ANA shall receive invoices accordingly from JWA and COUNTY for payment of said costs. SANTA ANA shall pay invoices as they become due from the Project Fund. JWA and COUNTY shall keep appropriate records and accounts supporting amormts invoiced. Said records and accounts shall be subject to reasonable inspection by Project Representatives at their expense and by any Grant funding authorities. 3.5 Construction 3.5.1 In order to reduce Project costs, OCFCD, COUNTY and JWA shall waive any costs or fees with respect to the permits issued by either of them in furtherance of the Project. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. Santa Ana -Delhi Channel Diversion Project Agreement DIS -013 Page 1s of 69 20C -24 3.5.2 During construction OCFCD, COUNTY and JWA, their agents, employees and contractors, shall have adequate access to Project areas, to perform their responsibilities pursuant to any issued CPP, this Agreement, and activities authorized tinder the Orange County Flood Control Act, OCFCD and COUNTY shall assign the Oversight Inspector to verify that construction of the Diversion Structure and other Facilities on OCFCD and COUNTY right -of- way are accomplished in a good, workman-like manner and in accordance with the Approved Plans per OCFCD arrd COUNTY standard. The Oversight Inspector shall notify JWA and SANTA ANA's Project inspector of any issue with construction per the terms of the CPP. 3.5.3 Upon receipt of notification by SANTA ANA that the Facilities (including the Diversion Structure) have been substantially completed, the CPP Inspector shall conduct a walls- through to provide a list of outstanding items, if any, needed to close out the construction permit. The Oversight Inspector shall communicate his/her concerns on all matters related to construction of Facilities within, or affecting OCFCD and /or COUNTY's right- of-way through SANTA ANA's Project inspector. Upon completion of the construction and satisfaction of all outstanding items, the Director shall provide SANTA ANA with written approval that construction of the Diversion Structure has been completed per the Approved Plans and the related CPP shall be signed off. Upon sign -off of all related CPP at completion of Project construction according to the Approved Plan, OCFCD /COUNTY shall take ownership and long -term O &M. 3.5A OCFCD /COUNTY costs associated, with the Oversight Inspector, CPP, and any other independent inspection of the Project construction are a Project cost in Exhibit C3. SANTA ANA shall receive invoices accordingly through CPP for payment of said costs. SANTA ANA shall pay invoices as they become due from the Project Fund. OCFCD /COUNTY shall keep appropriate records and accounts supporting amounts invoiced. Said records and accounts shall be subject to reasonable inspection by Project Representatives at their expense and by any Grant funding authorities. 3.6 Grant 3.6.1 OCFCD /COUNTY acknowledges the Project is made possible by virtue of certain Grants and agrees to make every effort to assist and cooperate with SANTA ANA, the Grant Administrator, for the Project to remain in full compliance with the terms of the Grant. 3.7 Operation and Maintenance 3.7.1 Upon OCFCD /COUNTY acceptance of Facilities within OCFCD /COUNTY and/or JWA right -of -way, OCFCD shall either perform Facility O &M or alternatively, OCFCD shall enter into a contract for a third party ( "O &M Contractor ") to perform the Facilities O &M. The Facilities shall be operated and maintained in accordance with the terms approved by the Director as set forth in the O &M Manual. An approved O &M Manual pursuant to Section 2.7 above and O &M contracts covering the entire Facilities shalt be provided to OCFCD /COUNTY, JWA and COSTA MESA by SANTA ANA prior to completion of Project construction to ensure long -term Facility O &M. In the case where OCFCD or COSTA MESA has chosen to perform their respective O &M duties without the aid of an independent contractor, an O &M contract may not be required. Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 19 of 69 20C -25 3.7.2 OCFCD and COSTA MESA shall ensure their O &M Contractor and those performing O &M abide by the Insurance Requirements as specified in Exhibit 0 (Insurance, Bonds, and Warranties), and name each Party and JWA as an additional insured, and that such Contractor's and subcontractors' indemnity, defense, hold harmless, and insurance obligations under their respective O &M contract with the Contractor and that it expressly benefit each other Party and JWA in the same manner and to the same extent as if they were the original signatories of said contract. OCFCD and COSTA MESA shall further ensure workers including third party contractors follow the O &M Manual and other maintenance manuals or guides for the Facilities. 3.7.3 Within fifteen (15) days of written notice from a Project Representative of a necessary repair and/or replacement or other remedial action for compliance with the O &M Manual or this Agreement, the O &M Contractor, OCFCD and/or COSTA MESA depending upon the location in need of said work shall promptly take action to perform the necessary work. Should that party not commence or diligently work toward completion of the repairs, replacement, and /or remedy required, the Project Representative may perform or cause the repairs, replacement, and /or remedy to be completed, and the costs thereof may be reimbursed from an O &M Fund, 3.7.4 If in the course of normal O &M Facility operations, OCFCD /COUNTY notice unusual types and quantities of debris and trash collected at the Facility, the Director will so notify the Parties who may discuss what upstream debris and trash reduction measures should be implemented in the tributary system to resolve this issue which would be addressed in a separate agreement, not included within obligations herein. Costs to implement these measures, as possible, will not be assessed against an O &M Fund unless agreed to by the Parties. Each Party shall maintain its infrastructure, as needed, to minimize the conveyance of any debris and trash to the Diversion Facility. If unusual amoimts of debris are found in the Facility, the Parties will discuss what upstream debris and trash reduction measures should be implemented in the tributary system to resolve this issue. 3.7.5 Operational and Maintenance Costs Within 40 days of the Effective Date, SANTA ANA shall disburse an upfront, hunp -sum initial $1,000,000 payment into the O &M Fund of OCFCD as the Initial 0 &M Deposit. A Party's proportionate share obligation to fund Additional Annual O &M Costs are to be paid as indicated on Exhibit C2 on, or before January I" of each year, or as otherwise established in writing by the Parties. OCWD and IRWD shall not have any obligation to fund Additional O &M Costs. Amounts paid by the Parties for Additional Annual O &NI may be deposited into separate O &M Fund accounts held by either OCFCD or COSTA MESA designated for O &M of the Facilities. OCFCD and COSTA MESA shall pay costs out of their respective 0 &M Funds as they become due and in accordance with the terms of this Agreement, COSTA MESA O &M Fund and charges are addressed in Section 5. 3.7.6 Overhead 3.7.6.1 All O&M costs for Project Facilities allocated to the Parties in accordance with the terms herein shall include the cost of OCFCD /COUNTY labor, services and equipment, determined on a time and material basis, using the actual number of man-hours and equipment -hours required Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 20 of 69 20C -26 (including travel time to and from their respective facilities), multiplied by the applicable rates for the crew members and equipment deployed. After -hours services (defined as between 5:00 p.m. on a working day and 7:00 a.m. on the next, following work -day; a "work day" shall exclude Saturday, Sundays and designated holidays for OCFCD /COUNTY unless otherwise approved by the respective Project Representative for OCFCD /COUNTY) will be charged at time and a half. Equipment and material rates shall be approved by the Project Representative for OCFCD /COUNTY and in accordance with OCFCD /COUNTY'S respective standards and practices. 3.7.6.2 The labor rates are comprised of direct and indirect components. The direct labor rate component is adjusted periodically by the authorized representatives of OCFCD /COUNTY as salary adjustments, which may include cost of living, competitive wage, benefit and annual hourly -rate schedule increases. The indirect component of the labor rate reflects the general and administrative cost, which shall include burden rates as established by OCFCD /COUNTY covering costs associated with overhead, contract management and other services provided (`Burden Rate "). As of the Effective Date, the Burden Rate for OCFCD /COUNTY is Seventy Four Point Three Six Percent (74.36 %). The Parties acknowledge said Burden Rate is subject to change, and agree to pay the Burden Rate in effect when labor, services or equipment are provided. 3.7.7 Nuisance Prevention Measures. The Parties acknowledge the Diversion Structure is situated on COUNTY land with certain recorded deed restrictions and conditions prohibiting use of the land for any purpose which would constitute a nuisance or be offensive to the senses, health or safety of persons occupying the land or adjoining land. The Parties further agree OCFCD /COUNTY, the Director, an O &M Contractor or any party upholding the O &M duties of those portions of the Facilities on COUNTY land may take any reasonable action and incorporate cleaning and maintenance measures designed to reduce or eliminate odors or others aspects of the Facilities or Project at the site which might violate the aforementioned nuisance deed restrictions or to remedy a matter of particular concern they have been alerted to by person occupying the land or adjoining land. Costs associated with any such action, measure, and communications concerning these matters shall be reimbursed from the O &M Fund or Reserve Fund. The schedule for regular occurring maintenance, removal and hauling of trash and debris may be adjusted at the Director's sole discretion. The O &M Manual shall not limit the ability to adapt maintenance procedures or restrict implementation of alternate preventive measures to avoid the presence of a nuisance, 3.7.8 Hauling, Disposal and Discharize Costs. Facilities O &M requires the handling, extraction, hauling and disposal of solids and the discharge of diverted flows; therefore, the Parties, with exception of OCWD and IRWD, agree to jointly share in the responsibility for any such costs and charges associated therewith. Each Party shall pay its respective proportionate share of these costs as an O &M cost obligation. Notwithstanding the foregoing, the Parties agree to abide the terms in Section 9 (Hazardous Material) concerning the presence of a hazardous or toxic substances, material or waste and that this section shall not be interpreted as restricting or limiting a Party's hazardous material responsibilities herein or imder federal or state law. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 21 of 69, 20C -27 3,7.9 Reserve Fund After exhaustion of the Initial O &M Deposit, a portion of the O &M fund may be deposited and designated as the Reserve Fund which is to be used to repair or replace the Facilities, Project - related Channel improvements and /or appurtenances, or portions thereof, damaged due to a catastrophic event (e.g. a severe storm, seismic activity, or fire). . COSTA MESA may utilize Reserve Funds for the portions of the Facilities it shall own and maintain by having their Project Representative send a written request with supporting documentation to the Director that specifies use of funds consistent with Reserve Fund purposes. The Director shall provide Reserve Fund account statements with the annual O &M Fund reporting. Additional Annual O &M Costs contributions from the Parties, in accordance with the terms herein, are to be, used to replenish the O &M Fund and Reserve Fund. . 3.7. 10 Additional Annual O &M Costs A Patty's proportionate share obligation to fund Additional Annual 0 &M Costs are to be paid as indicated on Exhibit C2 to OCFCD on, or before January I' of each year, or as otherwise established in writing by the Patties. OCWD and IRWD shall not have any obligation to fund Additional O &M Costs. OCFCD shall pay costs out of its O &M Fund as they become due and in accordance with the terms of this Agreement. 3.7.11 After exhaustion of the Initial O &M Deposit, OCFCD /COUNTY agree to contribute to long term O &M costs per its joint proportionate share as specified in Exhibit C2. 3,7.12 Records OCFCD shall maintain a complete set of records and accounts of all O &M Costs, maintenance activities and schedules in accordance with generally accepted accounting principles. Upon reasonable notice, OCFCD shall permit a Party or Parties' Project Representatives to inspect and audit all work, materials, payroll, books, accounts, and other data and records of OCFCD. Project Representatives shall also have the right to reproduce any such books, records, and accounts. The above provisions with respect to audits shall extend to and/or be included in contracts with OCFCD'S contractors. Costs incurred pursuant to this section are to be paid by the Party or Parties initiating any inspection or audit. 3.7.13 O &M Cost Annual Report OCFCD shall provide Sponsors an annual report of O &M Account transactions; that includes, O &M Costs, the O &M Fund of OCFCD and any Reserve Fund maintained by OCFCD. Should the Initial O &M Deposit be depleted to less than $400,000 by the end of the fifth year of Facility operations, OCFCD shall so notify all Project Representatives who may meet and confer to evaluate if changes in O &M and fiscal strategies should be implemented, and to ensure enough funds by the Sponsors are available for OCFCD and COSTA MESA to satisfy their respective O &M responsibilities. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 22 of 69 20C -28 SECTION 4 RESPONSIBILITIES OF NEWPORT BEACH 4.1 General Responsibilities NEWPORT BEACH shall review the Project's plans and financially contribute toward the Project Fund as indicated in Exhibit C2. 4.2 Environmental Review; Permitting NEWPORT BEACH shall comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements obtained for the Project as those commitments and conditions apply to their responsibilities under this Agreement. Notwithstanding the foregoing, NEWPORT BEACH through its designated Project Representative shall review and approve all permit conditions and other resource agency approvals that affect the construction and O&M of the Facilities, or any portion thereof within its jurisdiction and in, on, or about its right -of -way as to its respective compliance with applicable Regulations. 4.3 Design NEWPORT BEACH shall review all draft and final Project design reports, and PS &E submitted for their approval and shall have its Project Representative respond in writing to SANTA ANA as to a submittal's review for approval in a timely manner, Subsequent to approval of the final design, any material design change variance shall require mutual approval by the Project Representatives. 4.4 Right of Wav As indicated in the Preliminary Plan Exhibit B no pipelines for the Project are proposed to be installed within the public right -of -way of NEWPORT BEACH. However, in the event the final design necessitates the use of public right -of -way and in order to reduce Project costs, provided that a request is in compliance with all permits and regulatory approvals, NEWPORT BEACH shall allow the Project Facilities or portion thereof (including the aforementioned pipelines) to be constructed, operated, and maintained, after an appropriate review, within its respective right of way. Any additional project costs shall be shared by the Parties other than OCWD and IRWD. 4,5 Construction NEWPORT BEACH shall waive any costs or fees with respect to the permits issued by it in furtherance of the Project. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. Prior to SANTA ANA's construction completion of the Diversion Structure and other Facilities, NEWPORT BEACH shall have its respective Project Representative conduct a walk- through to promptly review the improvements mid provide any comments. Upon satisfaction of any and all Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 20C -29 Page 23 of 69 the comments or items, NEWPORT BEACH shall have its Project Representative provide written approval to SANTA ANA that the Facilities have been constructed in accordance with the Approved Plans or are otherwise acceptable. 4.6 Contribution 4.6.1 Within forty (40) days of the execution of this Agreement, NEWPORT BEACH shall deposit a lump sum amount of ONE MILLION, FIVE- HUNDRED THOUSAND DOLLARS and 00 /100 ($1,500,000.00), as established per Exhibit C3, into the Project Fund Account. 4.62 After exhaustion of the Initial O &M Deposit, NEWPORT BEACH agrees to contribute to long term 0 &M costs per its joint proportionate share as specified in Exhibit C2, SECTION 5 RESPONSIBILITIES OF COSTA MESA 5.1 General Resnons bilities COSTA MESA shall review the Project plans and financially contribute toward the Project Fund as shown in Exhibit C2. In furtherance of the Project, Costa Mesa may include the installation of a segment of the Project's force main in conjunction with one of their City's current construction contracts. In this case, costs to construct this portion shall off -set its financial contribution shown in Exhibit C2. Upon completion of the Project, COSTA MESA shall take ownership, ongoing long -term O &M responsibilities for the Project force main or pipeline, excluding those portions which are part of the Facilities located on OCFCD, COUNTY and/or JWA right -of -way. 5.2 Environmental Review / Perinittine. COSTA MESA shall comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements obtained for the Project as those cormnitments and conditions apply to its responsibilities tinder this Agreement. Notwithstanding the foregoing, COSTA MESA through its designated Project Representative shall review and approve all permit conditions and other resource agency approvals that affect the construction and O &M of those portions of the Facilities not on OCFCD, COUNTY and/or JWA right- of-way as to its respective compliance with applicable Regulations. 5.3 Design COSTA MESA shall review all draft and final Project design reports, and PS &E submitted for its approval and have its Project Representative respond in writing to SANTA ANA in a timely manner. Subsequent to approval of the final design, any material design change variance shall require mutual approval by the Project Representatives. Santa. Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 24 of 69 20C -30 5.4 Right of Way As indicated in the Preliminary Plan QIhibit B pipelines for the Project are proposed to be installed within the public right- of-way of COSTA MESA. In order to reduce Project costs, provided that a request is in compliance with all permits and regulatory approvals, COSTA MESA shall allow the Project Facilities or portion thereof (including the aforementioned pipelines) to be constructed, operated, and maintained within its respective right of way at no additional cost. 5.5 Construction In order to reduce Project costs, COSTA MESA shall waive any costs or fees with respect to the permits issued by it in furtherance of the Project, The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. Upon receipt of notification that the Facilities or separately constructed portions thereof have been substantially completed, COSTA MESA shall have its Project Representative conduct a walk- through to promptly review the improvements and provide any comments as to any portion of the Facilities not on OCFCD, COUNTY and/or JWA right -of -way. Upon satisfaction of any and all the comments or items, COSTA MESA shall have its Project Representative provide written approval to SANTA ANA that said Facility components have been constructed in accordance with the Approved Plans or otherwise acceptable. Said notice shall be deemed COSTA MESA'S acceptance of ownership and maintenance responsibility for the portions of the Facilities not on OCFCD, COUNTY and/or JWA right -of -way. 5.6 Contribution 5.6.1 Within forty (40) days of the execution of this Agreement, COSTA MESA shall deposit a lump sum amount of SIX- HUNDRED THOUSAND DOLLARS AND 00A00 ($600,000.00), as indicated in Exhibit C2, into the Project Fimd Account, COSTA MESA has the option to construct a segment of the force main in conjunction with one of their construction contracts; in this case, costs expended to constrict this portion shall off -set their financial contribution as established herein; in which their portion of the $600,000 shall be used. SANTA ANA shall advance COSTA MESA, under separate agreement, the $600,000 and any additional funds required for the construction of a portion of the force main with one of their construction contracts. COSTA MESA shall reimburse SANTA ANA as stipulated per their agreement. 5.7 Operation and Maintenance 5.7.1 Upon COSTA MESA acceptance of certain Facility pipeline and appurtenant components, COSTA MESA or its contractor shall perform the O&M for said improvements with all expenses and costs reimbursed from an O &M Fund, as specified in Section 3.7.3 or Reserve Fund. The Facilities shall be operated and maintained in accordance with the terms as set forth in the O &M Manual, COSTA MESA shall ensure any of its contractors performing O &M on the Facilities abide by the Insurance Requirements as specified in Exhibit G (Insurance, Bonds, and Warranties), and name each Party and JWA as an additional insured, and Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 25 of 69 20C -31 that such contractor's and subcontractors' indemnity, defense, hold harmless, and insurance obligations under their respective contract expressly benefit each other Party and JWA in the same manner and to the same extent as if they were the original signatories of said contract. COSTA MESA shall further ensure workers including third party contractors follow the O &M Manual and other maintenance manuals or guides for the Facilities. 5.7.2 Within twenty (20) days of written notice from a Project Representative of a necessary repair and /or replacement or other remedial action for compliance with the O &M Manual or this Agreement within those portions of the Facilities owned and maintained by COSTA MESA, COSTA MESA shall promptly take the remedial action to perform or have its contract perform the necessary work. Should it not commence or diligently work toward completion of the repairs, replacement, and /or remedy required, OCFCD may perform or cause the repairs, replacement, and /or remedy to be completed, and the costs thereof may be reimbursed by invoicing the other Parties according to their proportionate share as shown in Exhibit C2 and the terms herein, 5.8 Additional Annual O &M Costs 5.8.1 A Party's proportionate share obligation to fund Additional Amoral O &M Costs are to be paid as indicated on Exhibit C2 on, or before January 1" of each year, or as otherwise established in writing by the Parties. OCWD and IRWD shall not have any obligation to fund Additional O &M Costs. COSTA MESA shall pay costs out of its O &M Funds by collaborating with OCFCD to acquire said Rinds for Facility O &M Costs in accordance with the terms of this Agreement. 5.9 O &M or_Reserve Fund Utilization 5.9.1 In addition to reimbursement for payment of expenses, COSTA MESA may recover as 0 &M casts allocated to the Parties in accordance with the terms herein its labor, services and equipment costs determined on a time and material basis, using the actual number of man -hours and equipment -hours required (including travel time to and from their respective facilities), multiplied by the applicable rates for the crew members and equipment deployed. After -hours services (defined as between 5:00 p.m. on a working day and 7:00 a.m. on the next, following work -clay; a "work day" shall exclude Saturday, Sundays and designated holidays for COSTA MESA unless otherwise approved by the respective Project Representative for COSTA MESA) will be charged at time and a half. Equipment and material rates shall be approved by the Project Representative for COSTA MESA, as the case may be, and in accordance with its respective standards and practices. 5.9.2 The labor rates are comprised of direct and indirect components. The direct labor rate component is adjusted periodically by the authorized representatives of COSTA MESA as salary adjustments, which may include cost of living, competitive wage, benefit and annual bourly -rate schedule increases. The indirect component of the labor rate reflects the general and administrative cost, which shall include COSTA MESA Burden Rate. As of the Effective Date, the Burden Rate for COSTA MESA is 89 %. The Parties acknowledge said Burden Rate is subject to change, and agree to pay the Burden Rates in effect when labor, services or equipment are provided. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 26 of 69 20C -32 5.9.3 COSTA MESA may utilize Reserve Funds to repair or replace the Facilities or portions thereof, damaged due to a catastrophic event (e,g. a severe storm, seismic activity, or fire) by sending a written request with supporting documentation to the Director that specifies a use of funds consistent with Reserve Fund purposes. Upon completion of work paid with Reserve Funds, COSTA MESA shall send OCFCD an accounting of expended funds and return any unused funds for deposit back into the Reserve Account. 5.9.4 After exhaustion of the Initial O &M Deposit COSTA MESA agrees to contribute to long term O &M costs per its joint proportionate share as specified in Exhibit C2. 5.10 Records COSTA MESA shall maintain a complete set of records and accounts of all O &M costs, maintenance activities and schedules in accordance with generally accepted accounting principles. Upon reasonable notice, COSTA MESA shall permit a Party or Parties' Project Representatives to inspect and audit all work, materials, payroll, books, accounts, and other data and records of COSTA MESA. Project Representatives shall also have the right to reproduce any such books, records, and accounts. The above provisions with respect to audits shall extend to and/or be included in contracts with COSTA MESA'S contractors. Costs incurred due to this section are to be paid by the Party or Parties initiating any inspection or audit. SECTION 6 RESPONSIBILITIES OF IRWD 6.1 General Responsibilities IRWD shall review the Project's plans and financially contribute toward the Project Fund as shown on Exhibit Cl . 6.2 Environmental Review: Permittin IRWD shall comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements obtained for the Project as those commitments and conditions apply to its responsibilities under this Agreement, 6.3 De. sign IRWD shall review all draft and final Project design reports, and PS &E submitted for its approval. IRWD's Project Representative shall respond in writing to SANTA ANA as to a submittal's review for approval in a timely manner. Subsequent to approval of the final design, any material design change variance shall require mutual approval by the Project Representatives. 6.4 Right of Way - Intentionally deleted Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 27 of 69 20C -33 6,5 Construction IRWD shall waive any costs or fees with respect to the permits issued by IRWD in furtherance of the Project. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. Prior to SANTA ANA's construction completion of the Diversion Structure and other Facilities, IRWD shall have its Project Representative conduct a walls- through to promptly review the improvements and provide any comments. Upon satisfaction of any and all the comments or items, IRWD shall have its Project Representative provide written approval to SANTA ANA that the Facilities have been constricted in accordance with the Approved Plans or are otherwise acceptable. 6.6 Contribution 6.6.1 Within forty (40) days of the later of (i) execution of this Agreement or (ii) the expiration of the applicable challenge periods for the Project environmental documentation or (iii) the resolution of all court actions challenging such environmental documentation, IRWD shall make a one -time lump sum payment of ONE HUNDRED AND NINETY -FIVE THOUSAND DOLLARS ($195,000), as denoted per Exhibit Cl, into the Project Fund Account. 6.6.3 IRWD shall not be obligated to pay or contribute to O &M costs or required to contribute to the Reserve Fund for the Facility. Provisions in this Agreement stating IRWD's non - responsibility for particular costs or contributions shall not limit the generality of this Section. 6.7 Discharges During the Term 63.1 IRWD shall have the right to continue to apply for permits consistent with the terms and conditions of IRWD's existing CPP issued permits Nos. 2015- 00435, 2015 - 00443, 2015- 00444, 2015- 00445, 2015- 00461, 2015- 00439, 2015 -00440 and 2015 -00441 allowing for their discharge(s) into Santa Ana Gardens Channel (which further discharges to the Chamrel) from its Well Nos. IRWD -1, IRWD -11, IRWD -C -8, and IRWD -C -9, and directly into the Channel from its Well Nos. IRWD -2, IRWD -4, IRWD -5 and IRWD -6, or any replacements to these wells in kind, with similar discharge release, quantities and timing. 6.7.2 COUNTY shall not unreasonably cancel or withhold renewal of any such discharge permits to IRWD, which are in full compliance and effect on the Effective Date, on substantially the same terms and conditions, provided IRWD abides by COUNTY's permit application and renewal process with payment of applicable standard fees. SECTION 7 ORANGE COUNTY WATER DISTRICT 7.1 General Responsibilities The Project proposes to divert dry- weather flows an Orange County Sanitation District ( "OCSD ") trunk line for conveyance to its sanitary sewer treatment plant and thereafter to the Santa Ana -Delhi Channel Diversion Project Agreement D13 -013 Page 28 of 69 20C -34 OCWD Groundwater Replenishment System. In furtherance of the Project, OCWD will make a one -time, lump -sum payment of ONE MILLION DOLLARS ($1,000,000) toward the Project construction costs ( "OCWD Project Contribution ") pursuant to the terms and conditions provided herein. OCWD shall have no responsibility for the design, construction, operation, maintenance or repair of the Project. OCWD's sole responsibility under this Agreement shall be payment of the OCWD Project Contribution in accordance with the terms herein. 7.2 Environmental Review; Permitting. Intentionally deleted 7.3 Design. Intentionally deleted 7.4 Right of Wes. Intentionally deleted 7.5 Construction. Intentionally deleted 7.6 Contribution. Within fifteen days of receipt from SANTA ANA of a copy of the issued Notice of Completion, OCWD shall pay SANTA ANA the OCWD Project Contribution. OCWD shall not be responsible for sharing the O &M Costs to operate and maintain the Facility or required to contribute to the Reserve Fund for the Facility. 7.7 Water Recipient. OCWD agrees to receive water generated by the Project by allowing flows which are diverted by the Project into an OCSD trunk line and sanitary treatment plant to be conveyed via transmission pipelines into OCWD's Groundwater Replenishment System. The Parties mutually agree that neither the Project nor operation of the Facilities shall require OCWD to pay for its receipt of the Project's water (other than OCWD's payment of the OCWD Project Contribution). Nothing contained in this Agreement or in any document related hereto shall be construed to imply any representation or warranty, either express or implied, by any Party as to the quantity, quality, nature or condition of water or flows diverted by virtue of the Project or a guarantee with regard to water rights or any interest therein. SECTION 8 INDEMNIFICATION 8.1 In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Government Code, each Party, pursuant to the authorization contained in Sections 895.4 and 895.6 of the Government Code, hereby agree to and shall indemnify and hold harmless the other Parties as provided in this Section, 8.2 SANTA ANA shall assume the defense of, indemnify and hold harmless the other Parties and JWA, and each of their elected or appointed officers, employees, officials, volunteers, and Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 29 of 69 20C -35 agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the Diversion Structure, the Facilities and/or the Project or implementation of this Agreement, including claims or liability associated with SANTA ANA's responsibilities herein, including but not limited to, environmental compliance, design, construction, replacement, use, operation, maintenance, and/ or repair, of the segment of Channel impacted by the Project, the Diversion Structure, and /or the Facilities, or resulting from SANTA ANA's breach of its obligations trader the Agreement, except to the extent such actions, damages, claims, losses, expenses or liabilities have arisen from or relate to the willful misconduct or negligent acts of the indemnified Party, or result from such Party's breach of its obligation(s) under the Agreement. 8.3 Each of the Parties, other than SANTA ANA and OCWD, shall assume the defense of, indemnify and hold harmless the other Parties and 7WA, and each of their elected or appointed officers, employees, officials, volunteers and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the willful misconduct or negligent acts or omissions of, or result from the breach of this Agreement by, such Party in connection with its participation in the Project or use of the Diversion Structure or other component of the Facilities, except to the extent such actions, damages, claims, losses, expenses or liabilities have arisen from the willful misconduct or negligent acts or omissions of, or result from the breach of this Agreement by, the indemnified Party. If judgment is entered against all the Parties by a court of competent jurisdiction because of the concurrent active negligence or improper acts of one or more Parties, the Parties agree that liability will be apportioned as determined by the court. No Patty shall request a jury apportionment. 8.4 To the fullest extent permitted by law, each of the Parties other than IRWD, shall defend, indemnify, protect, and hold harmless OCWD, its officers, agents, employees, and independent contractors (OCWD Indemnitees) from and against any and all liabilities, actions, suits, claims, demands, losses, costs, tortious, contractual, condemnation, inverse condemnation, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims "), including but not limited to Claims arising from injuries to or death of persons, for damage to property, or liability of any kind or nature which OCWD Indemnities may sustain or incur upon them or any of them as a result of, arising out of, or in any way connected with this Agreement, use, operation, maintenance, replacement, and/ or repair of improvements, the segment of Channel in association with the Project, the Diversion Structure, and Facilities or portions thereof, from any violation of any federal, state, or local law or ordinance, except to the extent such Claims are alleged to be proximately caused by the negligent acts, omissions or willful misconduct of OCWD Indemnities in connection with or arising out of this Agreement, or the performance or breach of this Agreement or the O &M Manual. SECTION 9 HAZARDOUS MATERIAL "HM -1" is defined as hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law existing prior to the Project Santa Ana-Delhi Channel Diversion Project Agreement D15 -013 Page 30 of 69 20C -36 and not disturbed by the Project. "HM -2" is defined as hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the Project or as a result of the Project. "HM Management Activities" is defined as management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements, clean -up and disposal facility designations. If HM -1 or HM -2 is found during Project implementation, SANTA ANA will immediately notify the Parties. The Parties are responsible for any HM -1 found within property they own to the extent provided by applicable law, and entry into this Agreement shall not cause that liability to be assumed by or transferred to any other Patty. If HM -I is discovered, the Parties will meet to determine the most cost - effective solution to deal with the HM -1 including, but not limited to, changes to the Project. Unless otherwise mutually agreed by the Parties, other Parties shall not be responsible for the cost of HM Management Activities related to HM -1 on another Party's property, if any. If HM -2 is found within Project limits, SANTA ANA will be responsible for HM Management Activities related to HM -2 within the Project limits. HM -2 related HM Management Activities during construction shall be paid as a Project constnietion cost. HM -2 related HM Management Activities after construction shall be paid from an O &M Fund in accordance with the terms herein. SECTION 10 REGULATORY CREDITS & OFFSETS If the Project, is considered a qualified offset program by the Regional Board, such that load reductions create regulatory credits or offsets that may be traded among the Parties or collectively traded or sold to others by actions taken by a Party's Project Representative, the Parties agree that the credits will accrue to the Sponsors in proportion to their Sponsorship Share on Exhibit C2a or C2b, whichever is then in effect. Prior to- offering its regulatory credits or offsets for trade or sale to others, a Sponsor through its associated Project Representative shall first present such offer to the other Sponsors' Project Representatives who shall have a first right of refusal, to acquire according to they Sponsorship Share, SECTION 11 ADDITIONAL POINT SOURCE PARTICIPANTS 11.1 At any time the Project Facilities becoming operational, additional parties may wish to participate in the Project. Parties may initiate negotiations with others that move into the Watershed Area, such that they could enter into an agreement as an Additional Participant to receive regulatory compliance, offsets or credits offered by the Project, provided that the party appropriately contributes toward the O &M costs. 11,2 Additional Participants shall enter into an agreement with a term coinciding with this Agreement that is signed by all Parties. The Additional Participant shall agree to comply with the terms and conditions herein (excluding those pertaining solely to the Project's design and construction) and to pay invoices for their Cost Share of O &M costs within forty (40) days of receipt of an invoice. Each Additional Participant shall indemnify and hold the Parties and JWA and each of their elected or appointed officers, employees, officials, volunteers, and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or Santa Ana -Delhi Channel Diversion Projeot Agreement Dl S -013 Page 31 of 69 20C -37 expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the willful misconduct or negligent acts or omissions of, or result from the breach of this Agreement by, such Party in connection with its participation in the Project or use of the Diversion Structure or other component of the Facilities. Additional Participants shall not have a Project Representative for this Agreement, unless such party later becomes an assignee or successor of a Party. 113 After entering into an Additional Participant agreement the Parties may amend the Cost Share percentages, with any material alteration in the financial obligations of the Parties requiring an amendment to this Agreement to be approved in writing by the Party's board, council, or governing body. Additional Participants' Cost Share shall include a premium above what is attributable to them by virtue of their Watershed acreage percentage, percentage of discharge or acknowledged benefit. An additional One Point Five Percent (1.5 %) premium shall be paid by the Additional Participant into an O &M Fund. The amount of premium may be revised by written approval of the Project Representatives. SECTION 12 SUCCESSORS AND ASSIGNS This Agreement shall inure to and be for the benefit of the successors and assigns of the Parties hereto. A Party shall not assign or delegate its responsibilities or performance trader this Agreement, nor any part thereof, without the prior written consent of the non - assigning Parties. Prior to any such assignment or conveyance, that Party shall provide the Project Representatives with the proposed assignee's written assumption of all of the respective Party's responsibilities and obligations pursuant to this Agreement. Such consent shall not be unreasonably withheld. Any purported assignment, conveyance or encumbrance of any of the Facilities without such unanimous written consent shall be null and void. In the event of any assignment, conveyance, and /or encumbrance of a Party's respective interests in the Watershed Drainage Area right-of-way, that Party shall provide the other Parties at least three (3) months' written notice of any such proposed transaction or event. SECTION 13 ATTORNEY'S FEES Unless otherwise specified herein, in any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, the Patties shall each bear their own attorney's fees, costs and expenses. SECTION 14 ENTIRE AGREEMENT; GOVERNING LAW; AMENDMENT; COUNTERPART; AVAILABILITY OF FUNDS 14.1 Entire Agreement. This Agreement including the Exhibits and all applicable permits and CPP constitutes the entire agreement between the Parties hereto and supersedes all prior agreements and understandings, both written and oral, among the Parties with respect to the subject matter hereof. Notwithstanding the foregoing, this provision shall not release any Party Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 32 of 69 20C -38 from any obligations under any prior agreements to be performed through the Effective Date or from any obligations of indemnification based upon events occurring prior to the Effective Date, This Agreement shall be construed as if prepared by all Parties hereto. 14.2 Governing Law. California law shall govern the interpretation of this Agreement. Any action or proceeding brought to enforce the Agreement, or related to the Agreement, shall be brought h1 Orange County, California, notwithstanding the provisions of California Code of Civil Procedure Section 394. 14.3 Amendment. Any amendment to this Agreement shall be made in writing and signed by all of the Parties hereto. 14.4 Counterpart. The Agreement and any amendment hereto may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 14.5 Availability of Funds. All obligations of the Parties, including those exercised through the Project Representatives, under the terms of this Agreement are subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating any Party to expend or as involving any Party in any other contract or obligation for the future payment of money in excess of appropriations authorized by law. SECTION 15 NOTICES Any notices given pursuant to the Agreement or regarding matters contained within this Agreement shall be deemed delivered upon personal delivery or five (5) days after deposit in the United States Mail, first class, postage prepaid, addressed to the Project Representative of each Party at the address included in the signature section. Notice under this Agreement shall be given to each Party and JWA using the following contact information, unless any Project Representative gives notice of a change in Project Representative or contact information pursuant to this Section, in which case the new information shall be substituted for the information set forth in this Section. Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 33 of 69 20C -39 City of Santa Ana Tyrone Chesanek, P.E. Principal Civil Engineer Public Works Agency - Constriction 20 Civic Center Plaza M -22 Santa Ana, CA 92702 Phone: (714) 647 -5045 Email: tchesanek @santa- ana.org City of Newport Beach Dave Kiff City Manager 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3001 Email: dkiff @newportbeachca.gov City of Costa Mesa Baltazar Mejia Acting City Engineer Public Services 77 Fair Drive, 4th Flr Costa Mesa, CA. 92626 Phone: (714) 754 -5222 Email: NABIL.TOMA @costamesaca.gov 10 K R,, John Kennedy Executive Director of Engineering and Water Resources Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Phone: (714) 378 -3304 Email: jkennedy @ocwd.com County of Orange/ Orange County Flood Control District Shane L. Silsby OC Public Works Director OC Public Works 300 North Flower Street Santa Ana, CA 92703.5000 Facsimile: (714) 834 -2395 RE: D15 -013 F01 Diversion Project with copy to: John Wayne Airport Airport Director Barry A. Rondinella 3160 Airway Avenue Costa Mesa, CA 92626 Facsimile: (949) 252 -5044 RE: Santa Ana -Delhi Diversion Project YRWD General Manager Irvine Ranch Water District 15600 Sand Canyon Ave Irvine, CA 92716 Phone: (949) 453 -5300 Facsimile: (949) 453 -1228 Email: cook(a&irwd.com Santa Ana -Delhi Channel Diversion Project Agreement D15-013 20C -40 Page 34 of 69 SECTION 16 SEVERA131LITY If any covenant, term, condition, or provision of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law unless that covenant, term, condition, or provision declared to be invalid is so material that its invalidity deprives any Party of the basic benefit of its bargain or renders the remainder of this Agreement meaningless, SECTION 17 NO THIRD PARTY BENEFICIARIES No customer, other person or entity other than the Parties acid JWA shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement, either express or implied, is intended to confer upon any other person or entity, other than the Parties and JWA and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. SECTION 18 DISPUTE RESOLUTION The Parties desire to resolve as quickly and as amicably as possible any disputes as to the meaning of any portion of this Agreement, the validity of any determination or calculation, or the rights or obligations of the Parties pursuant hereto. Therefore, prior to initiation by a Party of any litigation or other proceeding in connection with this Agreement, the Parties shall meet and make good -faith efforts to resolve any such disputes on an informal basis, The Party that first raises a claim against any other Party in connection with a dispute shall be responsible for providing written notice to such other Party or Parties and initiating the informal dispute resolution efforts. Such informal efforts may include mediation of the dispute if agreed by the Parties involved in the dispute. Not sooner than thirty (30) days after diligent efforts to resolve a dispute have been initiated, if the Parties have been unable to resolve the dispute on such informal basis, any Party involved in the dispute may, in its discretion and after providing written notice to the other Parties that the informal dispute - resolution efforts are being terminated, proceed to take any and all such action to enforce or protect its rights as permitted by law and/or this Agreement. If a Party initiates informal dispute resolution with respect to a dispute, any statutory limitation for filing of a court action or commencement of any other proceeding shall be tolled for a period of days equal to the number of days that elapsed between delivery of the notice initiating informal dispute resolution and the notice terminating informal dispute - resolution. SECTION 19 TERMINATION AND EXPIRATION In the event that Project construction is not initiated within two (2) years of the execution date of this Agreement, this Agreement shall automatically expire, unless sooner terminated by a Project Representative written notice to all other Parties, or extended in writing by mutual agreement of the Project Representatives. Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 35 of 69 20C -41 Once construction has begun, unless otherwise mutually agreed by all Project Representatives, a Party may not unilaterally terminate its obligations under this Agreement. Notwithstanding any termination of this Agreement, each of the Parties must comply with all terms and conditions of the Grants. In the event of a temaination of this Agreement, each of the Parties shall be responsible for finding and arranging an alternate means of discharging its respective duties or other Regulatory obligations, and for payment of any fines, penalties or costs incurred by that Party as the result of a suspension or termination. Unless otherwise terminated or extended, this Agreement shall be effective for an initial term of twenty -five (25) years commencing on the Effective Date, and shall automatically renew for a one time ten year term thereafter (the initial term and renewal terms shall collectively be referred to as the "Term"). Project Representatives may meet and confer to determine continued use, termination of this Agreement, transfer, closure, removal and/or abandonment of the Facilities or components thereof, The Project Representatives shall also meet and confer upon the fifteenth (15a') anniversary of Project completion to assess O &M for the Project including the payment of the Parties' fair share of 0 &M costs. Prior to any termination of this Agreement, the Project Representatives are to agree upon demobilization or transfer of the Facilities and whether to sell any part of it, the proceeds of such sale and outstanding Project debts and obligations shall be allocated among the Parties in accordance with their respective proportionate share percentages in Exhibit C2. Upon termination of this Agreement or abandonment of the Project, the Parties shall, within 120 days from written demand from JWA, remove the Diversion Structure and restore the Project Area as nearly as possible to the same condition as the Project Area was in prior to the execution of this Agreement. All costs of removal or restoration shall be borne by the Parties, in accordance with their respective proportionate share percentages in Exhibit C2. SANTA ANA shall be responsible and ensure that the Diversion Structure and appurtenant improvements are removed from the Channel and OCFCD or COUNTY right-of- way as specified by the Director, Regulations, and all applicable laws. SECTION 20 SURVIVAL CLAUSE The obligations regarding: environmental commitments (as set forth herein); indemnification (as set forth in Section 8); operation, maintenance, cost allocation and ownership (as set forth herein); and specific performance (as set forth in Section 21) shall survive termination of the Agreement, as applicable, and shall remain in effect until terminated or modified in writing by mutual agreement of all Parties and JWA or the applicable statute of limitations is reached. SECTION 21 SPECIFIC PERFORMANCE The Parties acknowledge that monetary damages would be an inadequate remedy for breach of this Agreement, and that a Party's breach will result in immeasurable and it-reparable Santa Ana -Delhi Chmacl Diversion Project Agreement D15 -013 Page 36 of 69 20C -42 harm to the other Parties. Therefore, in addition to any other remedy to which it may be entitled by reason of another Party's breach of this clause, the moving Party shall be entitled to seek temporary, preliminary and permanent injunctive relief from any court of competent jurisdiction restraining the other Parties from committing or continuing any breach. This clause shall survive any termination of this Agreement. SECTION 22 EXHIBITS This Agreement contains the following exhibits, which are attached hereto: Exhibit A -I -- Location Map Exhibit A -2 — Santa Ana Delhi Drainage System Exhibit B — Preliminary Platt Exhibit C — Funding Table, Participant Shares & Estimated Costs Exhibit D — Temporary Construction Easement to the City of Santa Ana Exhibit E — Easement COUNTY to OCFCD Exhibit F — Grant Requirements Exhibit G — Insurance, Bonds and Warranties Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 37 of 69 20C -43 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Effective Date written above. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: J se 'audoval C ref Assistant City Attorney CITY OF SANTA ANA, a Municipal corporation of the State of City Manager ATTEST: Maria D. Huizar Clerk of the Council ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE Ch airwoman of the Board of Supervisors BOARD PER G.C. Sec 25103, Reso 79 -1535 Ch County of Orange, California Attest: Robin Stieler Interim Cleric of the Board County of Orange, California APPROVED AS TO FORM Office of the County Counsel County of Orange, California Lo Deputy Santa Ana- Dellli Channel Diversion Project Agreement D15.013 20C -44 Page 38 of 69 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Effective Date written above. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney 0 Jose Sandoval Chief Assistant City Attorney CITY OF SANTA ANA, a Municipal corporation of the State of California C David Cavazos City Manager ATTEST: Maria D. Huizar Clerk of the Council ORANGE COUNTY FLOOD CONTROL DISTR T, a body corp to and politic SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN B DELIVERED TO THE CHAIR OF THE Chairwoman of the Board ofSn Supervisors BOARD PER G.C. Sec 25103, Reso 79 -1535 P Attest: County of Orange, California obin Stieler Interim Clerk of the Board County of Orange, California APPROVED AS TO FORM Office of the County Counsel County of Orange, California Date: Santa Ann -Delhi Channel Diversion Project Agreement DI5 -013 20C -45 1� Page 38 of 69 COUNTY OF ORANGE, a political subdivision of the state of California C airwoman of the Board of Supervisors County of Orange, California APPROVED AS TO FORM Office of the County Counsel County of Orange, California By. �15ep I Date: Cl-t� CITY OF NEWPORT BEACH, a California municipal corporation and charter city By: Dave Kiff City Manager APPROVED AS TO FORM: ATTEST: City of Newport Beach City of Newport Beach Aaron C. harp Leilani 1. Brown City Attorney City Cleric Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 20C -46 Page 39 of 69 APPROVED AS TO FORM: r-i,ty of Newport Beach Aaron C. Hate City Attorney u COUNTY OF ORANGE, apolitical subdivision of the state of California Chairwoman of the Board of Supervisors County of Orange, California APPROVED AS TO FORM Office of the County Counsel County of Orange, California Deputy Date: CITY OF NEWPORT BEACH, a California municipal corporation and charter city By: l Dave Ki f City Manager ATTEST: City � of Npo� (1t ea m.e Leilani I. Brown City Clerk Santa Ana -Delhi Channel Diversion Project AgreernenCD15 -013 20C -47 Page 39 of 69 APPROVE F R Tom Duarte' uu to City Attorney APPROVED AS TO FORM APPROVED AS TO FORM Date:__ _ By: CITY OF COSTA MESA, a California municipal corporation By: J Tot Hatch Chief Executive Officer ATTEST: Brenda er City Clerk ORANGE COUNTY WATER DISTRICT, a subdivision of the State of California organizcd under Chapter 924 of the Statutes of 1933, Name: Title: IRVINE WATER RANCH DISTRICT, a California water district, By: Name: Title: Santa Ana -Delhi Channel Diversion Project Agreement DIS -013 20C -48 Page 40 of 69 CITE' OF COSTA NIESA, a f.atifornia municipal corporation By: Toni Hatch Chief Executive Officer APPROVED AS TO FORM: ATTEST: Toni Duarte City Attorney a,r C' ( 6144'wd APPROVED AS TO FORM Brenda Green City Clerk ORANGE COUNTY WATER DISTRICT, a subdivision of the State of California organized under Chapter 934 of the Statutes of 1011 Cyene,rqc _ IRVINE WATER RANCH DISTRICT, a California water district, Title: Smmi \na -Delhi thamtl Dirrrsion Project Ay?mement D15 -013 Page 40 of 69 20C -49 APPROVED AS TO FORM: CITY OF COSTA MESA, a California municipal corporation C Tom Hatch Chief Executive Officer ATTEST: Torn Duarte Brenda Green City Attorney City Cleric ORANGE COUNTY WATER DISTRICT, a subdivision of the State of California organized under Chapter 924 of the Statutes of APPROVED AS TO FORM 1933, By: Date: Name: By: Title: IRVINE WATER RANCH DISTRICT, a California water district APPROVED AS TO FORM ,- /t Date: 7.116 L Cook. G By: �%'/ General Manager Joan . Arneson Santa Ana -Delhi Channel Diversion Project Agreement D15.013 20C -50 Page 40 of 69 EXHIBIT A -1 Location Map Proposed Pipeline /Sewer � ^ 'C`o'nnection \ `yam �\ BAKER ST PAULARINO CHANNEL IF031 \\ 19, A ti.C?5T 3 AIlf.5.4 0 600 1000 t t Feet ARLINGTON DR SANTAANA COUNTRYCLUB U,n in cia•pora tec] County PROPOSED Legend N � DIVERSION Proposed Diversion Pipeline STRUCTURE 209 ExistingSewerline ,+ �r +� ■• DCFCD Drainage Facilities •1'• SpN •— City Boundaries /�SA9 PAULARINO r� vtl J TVEI "iMT 8 ACR 0 A /9 JOHN / WAYNE AIRPORT UnIncorX1, roi,lrr Py COUNTY OF ORANGE EXHIBIT A -1 OC PUBLIC WORKS OC INFRASTRUCTURE PROGRAMS LOCATION MAP PROJECT: SANTA ANA•DEUFII CHANNEL. DIVERSION STRUCTURE SCALE:As Shown I AGREEMENT D15-013 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 41 of 69 20C -51 EXHIBIT A -2 Santa Ana -Delhi Drainage System Legend COSTA MESA Q M ® IRVINEpp� g q5i S4ry NEWPORT BEACH y ® SANTAANA Unincorporated pjt O Watershed Drainage Areas f i - -- OCFCD Drainage Facilities 0 g.5 11 2 5T. ° COUNTY OF ORANGE EXH I BIT A -2 OC PUBLIC WORKS CC INFRASTRUCTURE PROGRAMS DRAINAGEAREAS PROJECT: SANTA ANA -DELHI CHANNEL DIVERSION STRUCTURE SCALE: AS Shown AGREEMENT D15 -013 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 20C -52 Page 42 of 69 EXHIBIT S Preliminary Project Plans Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 43 of 69 20C -53 EXHIBIT CI PROJECT FUNDING COMMITMENTS M2 Grant $ 2,572,875.00 City of Santa Ana $ 1,900,000.00 OCFCD & County of Orange $ 1,600,000.00_ City of Newport Beach $ 1,500,000.00 OCWD $ 1,000,000.00 City of Costa Mesa $ 600,000.00 IRWD $ 195,000.00 Funding Total $ 9,367,875.00 EXHIBIT C2a PROJECT FUNDING PARTNER SPONSORSHIP PROJECT PERCENTAGE Funding Partner Funding Commitment Sponsorship Share* City of Santa Ana $ 1,900,000.00 33.93% OCFCD & County of Orange $ 1,600,000.00 28.57% City of Newport Beach $ 1,500,000.00 _ 26.79% City of Costa Mesa $ 600,000.00 10.71% Total $ 5,600,000.00 100.00% EXHIBIT C2b PROJECT FUNDING PARTNER SPONSORSHIP CREDIT /OFFSET' PERCENTAGE Funding Partner Funding Commitment Sponsorship Share ** City of Santa Ana $ 1,900,000.00 32.79% OCFCD & County of Orange $ 1,600,000.00 27.61% City of Newport Beach $ 1,500,000.00 25.88% City of Costa Mesa $ 600,000.00 10.35% IRWD $ 195,000.00 3.37% Total $ 5,795,000.00 100.00% * After the Initial 0 &M Deposit has been exhausted, the Sponsorship Share percentages in Exhibit C2a shall be used to determine: 1. The funding partners' respective participation percentages, 2. Credit /Offsets percentages, 3. Distribution of project savings, and 4.0 &M cost share in excess of the Initial 0 &M Deposit in accordance with the terms herein ** The Sponsorship Share in Exhibit C2b shall be used to determine 1. The funding partners' respective participation percentages except that for IRWD, the percentage and dollar amount correspond to IRWD's one -time lump sum payment, 2. Credit /Offsets percentages, and 3. Distribution of project savings during that period of time commencing when the funding partner paid its financial contribution per this Agreement until the exhaustion of the Initial O &M Deposit. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 44 of 69 20C -54 EXHIBIT C3 ESTIMATED PROJECT COSTS' Item Description Unit Quantity Unit Price Amount 0 Project Administration(COSA) % 3% n/a $ 273,540.00 1 Design Engineering LS 1,00 $ 300,000,00 $ 300,000.00 2 Permits /ROW /Easements LS 1 $ 40,000.00 $ 40,000.00 3 Environmental Report LS 1.00 $ 50,000.00 $ 50,000.00 4 Survey LS 1.00 $ 60,000.00 $ 60,000.00 5 Pothole LS 1.00 $ 20,000.00 $ 20,000.00 6 Site Work LS 1.00 $ 950,000.00 $ 950,000.00 7 Channel Work LS 1.00 $ 1,101,000.00 $ 1,010,000,00 8 Equipment /Discharge EA 7.00 $ 140,000.00 $ 980,000.00 9 14" PVC Sewer Force Main LF 8,475 $ 240.00 $ 2,034,000.00 10 Project Contingency % 20% n/a $ 1,024,800.00 11 Construction Management (COSA) % 8% n/a $ 409,920.00 12 Inspection & Testing(COSA) % 7% n/a $ 358,680.00 13 Inspection (County) % 1.50% n/a $ 76,860.00 14 Survey /Construction Staking % 3% n/a $ 153,720.00 15 Attorney Fees LS 1 $ 100,000.00 $ 100,000.00 16 O &M (20yr) & Administration LS 1 $ 11000,000.00 $ 11000,000.00 17 Site Security /Cameras LS 1 $ 126,355.00 $ 126,355.00 18 Golf Course Impacts (Estimate) LS 1 $ 400,000.00 $ 400,000.00 TOTAL $ 9,367,875.00 Amounts above are estimates from an Opinion of Probable Construction Cost referenced as "Engineer's Estimate 15 -058" by AECOM dated 7/24/2015 based upon 60% Design Plans; including 20 year O &M costs, and was used as a basis to estimate the project costs and were revised accordingly to reflect adjustments amenable to the Funding Partners. SANTA ANA shall charge Parties its actual Project Costs In accordance with the terms herein. 1 Estimate Includes paying Section 3.4 Involce(s) for costs associated with obtaining easement rights and title acceptable to The Irvine Company, OCFCD /County, 1WA and the Parties. 9e Bid Item 0 was calculated on the entire project costs, Bid Items 1 -18. Bid Items 10, 11, 12, 13, & 14 were calculated on the construction costs only; Bid Items 6, 7, 8, 9, & 17. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 45 of 69 20C -55 EXHIBIT C4 FCTTNI'ATFD 20.vFAR O &M COSTS BREAKDOWN' 1 Contract Administration $100,000 2 Inspection (monthly) $240,000 3 Solids Handling and Disposal (monthly) $430,000 4 Boom Reset (2 -year cycle) $30,000 5 Repair of Equipment $150,000 6 Diversion Utility Costs $50,000 Total $1,000,000 * O &M costs will be evaluated annually in accordance with the terms herein. 3 Amounts above are estimates from an Opinion of Probable Censtruetion Cost referenced as "Engineer's Estimate 15 -058" by AECOM dated 7/24/2015 based upon 60% Design Plans. Estimates include .5% allowance for All Risk Insurance and Wage Rates based upon prevailing wage rates for Orange County, California. Total wage rate includes hourly wage plus craft fringes and 32% burden with a typical work week of 1 eight hour shift per day/ five days per week. The Parties acknowledge OCFCO and COSTA MESA burden rates as Indicated in Sections 3.7 and 5.9 exceed that used to formulate the estimate above, and mutually agree OCFCD and COSTA MESA shall be fully compensated based upon their respective burden rates per the terms of this Agreement. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 46 of 69 20C -56 EXHIBIT D Temporary Construction Easement Deed County to City of Santa Ana 'E311111£t 'D RECORDED AT THE REQUEST OF AND WHEN RUVORDEI) MAIL TO: City of Santa Ana 20 Civic Center Plaza M -22 Santa. Ana, California 912702 Attn: City Manager APN: DOCUMEWARY TNAN.SFaR TM _ Coupated nn We eoaridaretion or value ofpnoperty conveyed. Exo nipt per Revenuo RTwaltion Cale Scotian 11922 _ Exanpt jloan Recording Fees per Oevt Code SICHOR27383 awunnme as neduxnnrr on xomer aaeaeem+wa rn:r e¢aa nnx. unincorporated Area 10 lncorpmnted 0 Parcel Nos: PM- - _,,,_(F)1. 209,'215) Project: Sant¢Ane:Dajn't Channel Divisinn TEMPORARY CONSTRUCTION EASEMENT ENT DEED Pear valuable consideration, receipt of which is boraby apinrowlddgpd, COUNTY OF ORANGE, a political subdivision of the State of California, ( hereinafter referred to as "COUNTY "), does hereby grant to flip CITY OE SANTA ANA, a California charter city, (,horohadler referred to as "GRANTEE ") null Its, supcessnr an <l assigns, a non-exclusive temporary mnstrectiou pavement ( "Temporary Ensampnt') hi, on, over, upon and across that certain real property ( hereinafter retorted to as "Losement Aran') described in ms", and illustrated in 3x rih•t 3, which oxlrihits are attacluest Iterate and etude a purl lrcraef. COUNTY and GILMITIFE, may sometimes hereinafter be individually referred to as "Party" orjointly as the "Parties." The rights herein me granted for the purpose of allowing activities related to the Santa Ana -Delhi Channel Diversion Projper ("Proj ect') provided, however, that the esercjse of said rights will not interfere or impede t(te operation and maintelrance of' die Santa Ani Diversion. Ciumoal (hereinafter `the Chunrrel'), COUNTY'S public golf course Icsseo business operations, or utilization of the propeelty for John Wayne Airport purposes. GRANTEE'S rights shall include rights to GRANTEE, its officers, agents, employees, contractors, and subcontractors, to conduct construction activities, including excavation and grading associated with We construction of a Diversion Strawture requiring naodifientinns to the existing Channel and installation of subsurfnce prunps, wet well, pipelines and a sower force main ("Facility') within a portion of the Easement Bahia Mn•DUlii lilwNi0a mjrrt (1 +01) •r08 05/92016 Santa Ana -Delhi Channel Diversion Project Agreement DLS -013 Page 47 of 69 20C -57 Exhibit 1) Alta; and activities assochdod with realigmnent of an access road, GRANTEE'S rights shall also include the right to park or place vehicles, equipment or storage containers and to store or stockpile construction materials, tools, implements mid Other construction related equipment And materials, in the Easement Area as the case may lie. The Parties agree the exercise of the rights granted herein shall be in conformity with the terms of that Certain Santa Ana -Delhi Charmol Diversion Rvjoct Agreement D15.013 dated ( "Agreement"). It is understood and Agreed by the Parties heroin mud their successor and assigns that the rights granted in this Temporary Easement shalt be subject to the following terns, conditions, andreseavations: 1. TERM This Temporary Easement shall be affective for a maximum period of ttwegty -four (21) months ( `Term'), commencing on GRANTEE'S written notice to the Airport Director mid the Director OC Public Wmka, or thch• designees, of conumucemont of possession, aml shall terminate upon recordation of a Notice of Completion, or at the end c)f the Teeny which "rtr first occins. EXTENSIONS The Tenn may be extended by mutual agreement of the GRANTEE, the Airport Director mid Director of Public Works or their designees. Anyrequest for extension must to in writing, shall state the twquesled extension period, anti be forwarded to the Airport Director and the Director of Public Worts via Express or Codified U.S. Poatal Service, personal delivery, by Courier or by overnight delivery service and addressed as provided (rerein below in Section 11. (Notice) no later than thirty (30) days' prior to the expiration of the Term of ads Temporary Easement. Approval , of such request shall be deemed denied notices built Directors or their designees provide GRANTEE with written approval of the requested extension within f1floen (15) days of iweeipt of the request to extend, which approval shill not be unreasonably withhold, In no event shall this Temporary Easement be extended beyond,�,__,_.T 31 GRANTEE RESPONSIBILITIES GRANTEE hereby Acknowledges that the Easement Area lies in, on and about. die Channel, a regional flood control facility. GRANTEE alu llperform all work in such it manner flat will allow for uttobstruetod flood control operations and maintenance of tlac Channel by COUNTY or the Orange County Flood Control District ( "District "). GRANTEE shall have all construction plans anti specifications approved in writrlg by die Airport D'uuctor and the Director of Public Works or their designoes prior to eommenccmeut of any work in, on or About the Easement Amen;. and upon completion of any such work, GRANTEE shall immediately notify both Directors or their designees in writing of such completion. Any change orders to the approved plants and specifications than altar lie design shall be submitted for Airport Dirootm and the Director of Pubho Work's written approval through the County Property Permit process prior to implementation of the design change. Approval of GRAN'TEE'S cowdraction and/or rnlinkmance plans stall non be deemed approval fian the standpoint of structural safety, suitability for purpose or eonfonnmaeo with building or otha codes or other governmental requirements. COUNTY is not responsible for permitting of any construction and/or maintenance, desiM assmuptions or accuracy of GRANTEE'S eonstruedratanVor maintenance plans. D'u•oetor approval will be based on the professional expatlse of the Engiucor of Record when approving GRANTEE'S construction andVor maintenance plans. GRANTEE shall, at no cost to COUNTY; maintain the Easement Area and Clannel in good i opak And in safe condition, and protect is place may shape features, owes and/or landsoaping width' the Easement Area Santa Nm.D&I Dfwnlmr Mi ect(P(a) TOR 2 05191016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 48 of 69 20C -58 Exhibit D throughout fits Term, including any oxtensionperiod, of this Temporary Easmnent• Notwithstanding the foregoing, said features may be removed or relocated if approved by tare Airport Director and 'the Director of Public Works througtttlte County Properlyl 'umitprocess. GRANTEE shall, at no cost to COUNTY', conduct all activities, including but not limited to ale storage of materials, in, on, or about the EascanenI Area ht a solo, good and worktnaallies annular athd in complinnoo whir all applicable building, fire, and sanitary laws, ordinances, and regulations and shall maintain all equipment, used in on or about the Ratsemeit Area in good repair and in safe condition. Airport Director may, at his solo disauf oo, direct GRANTEE to rurnovo items front the Easement Area, if deomed to be a hareal or nuisance. GRANT EE acknowledges the Easement Area is situated on COUNTY property with certain recorded deed restrictions and conditions prohibiting use oftlhe land for any purpose which would constitute It nuisance or be offensive to the senses, health or safety of parsons occupying the land or adjoining land. GRANTEE agrees to make every effort to accommodate for the aforementioned nuisance deed romictlon in the exercise of its rights herein. COMPI.IANCr,, WITH REGIJI.ATORY AUi'AORITIES GRANTEE shall, at its own coat and expenao, promptly and at all tines observe, comply widh and carry art all present and future orders, regulations, directions, rules, laws, orduaneo% permits and requirements of all governmental authorities, Including but not limited to environmental regulatory authorities, withjurisdietlon in, on, overlaid about fire Easement Area, which arise from GRANTEES use of a• performance of any activities permitted to be conducted in, on ,aver, or across the Easement Anal. - In addition, GRANTEE shell ensuko that all activities in, on, over or, about fire Easement Area are performed in accordance with any NPDIIS (National Pollutant Discharge Elimination System) permit requirements or other water quality statutes, regulations, ordinances, or permits, appliurblo to such activities, including but not limited to use of apprepriato best managerpenl practices, so as to ensure that pollutants are not discharged into the Channel nor into the flood central system. Pt ter to the start of any construction. activity, GRANTEE slas h provide Airport Director and Director of Public Works a copy of their Wator Quality Management Plan (WQMP) for approval. No approvals or consonts given hereunder by COUNTY, as a party to this Temporary Easement, or concurrence by District shall be deomed approval as to compliance or conformance with applicable governmental codes, laws, rule.% or regulations. CONDI'T'ION OF h1ASE;NITsN'I` AREA UPON TERMINA'T'ION Prior to the tiling of the Notice of Completion or to the expiration ofttis Temporary Easement, whichover first occurs, GRANTEE agrees at its expense to restore the Easement Area to the Airport Director's satisfaction. Said restoration shall. include, but not he limited to the removal of cons unction materials (including stockpiled material), equipment, kind hush and debris. GRANTEE, agrees under no circumstances shall the Channel, pneility and other 1mprovonrsnts and /or facilities within the Easement Area be Ieil or remrnul to COUNTY in a state of partial completion or disrepair. Upon service of written demand Imm the Airport Director, or designee GRd',NTEE On It deliver to COUNTY, at no cost to COUNTY, a Quitclaim Dealt to GRAMMi'i right, title and interest hereunder. Santo MID01hl UVerolua VMJ41t (r'at)'Wa 3 05191016 Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 49 of 69 20C -59 Exhibit D 6. MECHANICS LIENS OR STOP - NOTICES GRANTEE shall at all times indenmify, defend with counsel approved in writing by COUNTY, and save COIN'TY and District harmless from all claims, losses, demands, damages, cost, expenses, or liabilities in connection with ilia use, construction, repair, alteration, or installation of any portion of the Facility willing upon, or ander ilia Easement Area, and from the cost of defending against such eliinu, including reasonable attorney fees mid costs. in dip event a lion or stop - notice is imposed upon the Easement Area as a result of such construction, repair, alteration, or ingratiation, GRANTEE shall either: A. Records. valid Roleaae of Lien, or - - B. Procure and record it bond in accmdance with Section 3143 m3196 of ilia Civil Code, which trios the Easement Area from the claim of the lion or stop - notice and from any action brought to foreclose the lien. 7. HOLD IIARNILESS - GRANTIsM imlonowledgm the Easement Area is in, on, and over ilia Chanel and maybe subj cot to all hazards associated with flood conditions nrul COUNTY's public gnlf course lessee business operations. GRANTEE agrees to assume all risks, financial or othorwise, associated therewith. GRANTEE herobyreleams and waives all claims and recmuse against COUNTY and District including the right of contribution. for Ions of or damage to property, or injury to or death of any person arising from, growing out of or in any way conneated with of related to this Temporary Easement including any damage to or lees of GRAN'TEE'S equipment and material, die Facility or Interruption of die Prgjwt or use of the Easement Area caused by erosion, flood, or flood overflow comlittons of the Channel, or aimed by the operations, maadmatteo, repair, reconstruction, replacements enlargement or improvement of the Channel or by District's flood control operations, except claims arising from the gross negligence of COUNTY and/or District, their officers, agents, employees and contractors. GRANTEE hereby agrees to indemnify, . dofand and hold harmless, COUNTY and District, their elected and appointed officials, offices, aganta, employees , contractors and those special digtticls and agencies which. COUNTY's Board of Supervisors acts as the governing Board against any and all claims, tortious, contractual, condemnation, haversa condemnation, judgments, arbitration awards, settlements, losses, demands, damages, cost, orders, penalties, and expenses including legal costs and attorney fees or liability for injury to or death of any persons, or logs of or damage to any property, in connection will or arising out of the Project or the use of or operations or activities conducted in, on, or over the Easement Aron, undlax the examine of the rights under this Temporary Emonrent by GRANTEF, its agents, offices, employeas, hrvitecs or licensass except for liability arising out of the coneununt active, or sole negligent acts of COUNTY, and/or District, their elected and appointed officials, officers, agents, employees or contracons including the cost of defense of any lawsuit arising dreref'osn. If COUNTY and/or District Winn named as co- dotendaud(s) in a lawsnt, GRANTEE sball notify COUNTY of such foot and shall rolinawnt DISTRICT/COUNTY in Ruch legal Refire mdess otherwise conflicted out. It'judganent is entered against COUNTY /Distdot and GRANTEE by a court of competent jurisdiction or jury because of the tortious conduct of COUNTY /District and GRANITE, COUNTY and GRANTEE agree flout liability will be apportioned as determined by the court orjury, as applicable. GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows: Beale Awnatla nivenloa Pryfuca trmlrcts 4 05/92016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 50 of 69 20C -60 I:xhlbit 1) A general release hoes not ectenzl to claims which the or a ilov down not !know or mvpeot to exkl In Isla or her fervor of the time of ewcuh)lg the release, which, ii known by him or her, mast have nunerfaflly gffecred his or her seulzment with the debtor, GRANTEE, being aware of and understanding the; terms of Section 1542, hereby waiver all benefit of its provisions to tile extent described in this section. S. GRAN'TEE'S LIABILITY ItOR HAZARDOUS OR TOXIC M.ATIMIALS(PMES8.2S) GRANTEE or GRAN'TEE'S employees, agents, indopendentcontractors or invitees ( "GRAN' EE Parties ") shall not cause or permit any "Hazardous Material," as hereinafter defined; 'to be brought upon, kept, stored, used, generated, released into the environment or disposed of on, under, from, in, on or about oho Easement Area. Notwithstanding [tie fmoguing, GRANITE or GRANTEE Parties may use or keep small tluanlitios of Ilazardous Materials on the Easement Area brat are used in the ordinary, customary, and lawfut construction . operations conducted on the Easement Area, If GRANTEE, or GRANTEE Parties breach tine obligations stated herein, or if contamination of are Easement Arun by Hazardous Materiut otherwise occurs for whicdr GRANTEE is legally ]tablo f l COUNTY for danuga }vaulting therafronr, than GRAMME shall indemnify, defend and hold hatmless, COUNTY and/or District, amt their elected "appointed ot'ficia1% officers, agents, and employees from any. amt all claims,,tudgments, damages, penalties, fines, casts, liabilities, or losses (including, without limitation, dimimation in vahm of the Easement Area, some ,paid in settlement of alp lots. attorney fees, consultant fees, and expert withers fees) which arise during or after GRANTEE's use of the Easement Arco as a result of such contamination. This indemnification includes, without limitation, costs incurred by COIN IX in ommootion with aqy invesfigation of site conditions or ally cleanup, remedial, vanoval, or restoration work required by any federal, state, or local governmental entity or agency because of He'r.ardoas Material lowing been introduced, placed or released by GRANTEE, and therefore, being present in the soil or ground water under the Easement Area GRANTEE shelf promptly take all action, at its sole cost and expense, as is necessary to Berm, remove, and restore the Easement Area to its condition prior to tine iaboduution of such Hazardous DAiterial by GRANTPtF., provided GRANTEE shall first have obtained Director's writivn approval and dui approval of any necessary governmental entities or agancies for any such rumodial action, - As used herein, the term `Tlazardous Material" nreans;ony hazardous or taxi, substance, material, or waste which is or slrall'.hoconlo regulated by any govomment'al entity or agency, Including, without limited an, the County, the state of Califamia, or the United States govemment RESERVATIONS COUNTY hereby reserves for itself mud District and their respective successors and assigns, such surfaco, subsurface and auiat rights in tho Eosanent Area its will not unroasmmbly interfere with or prohibit, the use by GRANTEE of the rights and easement heein granted. In the event COUN'T'Y exercises such rights to utilize the Easement Area which use results in the disturbance of the Easement Area, COUNTY'S only responsibility shall be to backfill with compacted earth to the grade of the surrounding property following completion of Such not]vity. 10. CONVEYANCE SUBJECT TO EXISTING INTP,R)fM'S Tids'Temporary Easement is subject to existing contracts, loase!i, licenses, easements, encumbrances, and olaims which may affect the Emorrou tArea and 1110 oral of tine word "grant" 1101,0111.911011 not be konatruall its a covenant against the existence of any (hereof. Santa M.-Whl lavasim praieet(Vol) TO4 $ 05192016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 51 of 69 20C -61 Exhildt 1) Nothing contained horeln, or in any document related hereto, shall be construed to imply the conveyance to GRANTEE of rights in die Emoment Area which exceed those owned by COUNTY, or any representation or warranty, cithor oxpreas or implied, totaling to the nature or condition of the Easoniont Area or COUNTY's jnlarantthorein. 11. NOTICES All notices, documents, corraspandonoe and communications concerning this Temporary I'?asomnnt shall be addressed an set forth in this Section, or as the Parties may hereafter designate by written notice, and shal I be sent though the United States mail with postage prepaid. Any such mailing shall be deemed served or delivered twenty- ;fear(24) hours after malting'. Each Party may change the address for notions by giving the other party A least ton (1.0) calendar ddys' lwior written notice of the now address. Notwithstanding Ste above either Party may also provide notices, documents, corvespondenoe, or such outer wrtnnutsiontiom to the other by personal delivery and so given shall be accrued to have been given upon receipt. Director of OC Public Works Shane Sihby 300 North Flower Street Santa Ann, CA 92703.5000 1 +acsintile: (714) 834 -2395 RE: D15 -013 Santa Ann -Doffa Diversion (FO]) John Wayne Airport - Airport Director Bury A. Randinelln 3160 Airway Avenue Costs N16a, CA 92626 Facsimile: (949) 252.3174 RE: Sara Amy -Delhi Diversion Project TCE 12. VENUE (PMES 13AN) City of Santa Ana City Manager 20 Civic Center Plum M•22 Santa Ana, CA 12702 Phone: Fax: Email:. The Parties hereto agree that this Temporary Easement has been negotiated and executed in the state of California and shall be governed by and construed union die laws of California. to the event of any legal action to enforce or i.ntorprot ads Temporary Easement, the solo and exclusive venue shall be a court of eompetant,inrisdiclion loomed in the County of Los Angeles, California, and the Pastios hereto agree to and do hereby submit to the jurisdiction of such court. Voratermore, absent good cause shown, rho Parties hereto specifically agree to waive any and all tights to request that an action he transferred for trial to anchor county. 13. 'WAIVER OF RIGHTS (MM814. 13) The failure of COUNTY to insist upon strict performance orally of the terms, covenants, or conditions of this Temporary Easement shall not be creamed a waiver of any tight or remedy, that COUNTY may (rave, and shall not be deemed a waiver of the right to require strict orl'armnrue of all die teems, covenants, and conditions orthe 'Temporary Easementdru•oafter, nor a waiver of� any remedy for the subsequent breach or default of any term, covenant, or condition of thin Temporary Easement. .nasal Nm- 1)01111 DIVIN1011 Projun(P01) WE 6 0502016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 20C -62 Page 52 of 69 Exhibit 1) 14. SEVERABILITY(PMES15. 1S) If Any term, covenant, condition, or provision of this Temporary Easement is hold by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of tho provisions horeof shalt remain in 1411 foreo and affect and shalt in no way be affected, impaired or invalidated tmreby, 15. ATTORNEYS'ITF SI MES16, 1.5) In any Action or proceeding brought to onforee or interpret any provision of this Temporary Easement, or where any provision hcreof is validly asserted as a defense, each Party shall bear its own Attorney%, fees slid costs. 16. SUCCESSORS AND ASSIGNS(MIES1SAS) The terms, covenants, And conditions contained herein shall apply to And hind the heirs, successors, executors, administrators and assigns of the Parties lusroto, 17. AUTHORITY(PrNIES20, IS) The Parties to this Temporary Easement represent And warrant that this Tempotnty Easement has been duty anthor•Ized and executed and constitutes the legally binding obligation of their respective organiraton or entity, enforceabto in accordance with its terms. 18. FAA CON9)ITIONS ANl) I'YI' ER.VATIONS A. COUNTY imreby resorvas tmto itsolf And its operator John Wayne Airport, And their respective succesors and assigns, for the use and benefit of tlto public, aright of flight for The passago of airerat't in the airspace above die surl'aco of the shove described real properly, together with the right to cause in said airspace such noun as may be inherent in the operation of Aircraft, now known or hereafter used for navigation of or Right in the said airspace, and for use of said airspace for landing on, taking off from or operating on Soler Wayne Airport. B. GRANTEE by entering into this easement, expressly agrees, for itself, its successors and assigns, that It will not erect nor permit die erection. of Any savetwo or building not permit object of natural growth or outer obstruction on tiro above described teal property above a height as detet•rnined by the Application of tho requirements of 14 C.F.R„ Part 77 (FAR Part 77), At the event the aforesaid. covenant Is breaehod, COUNTY reserves the right to enter on the above doscribgd real proporty and to remove the offending structure or object and to out the offending natural growth, all of which shill beat tho expense of the GRANTEE. C. GRANTEE by entering into lids casemont, expressly agrees, for itself, its successors And assigns, that it will not make use of the above described real properly in any manner wbioh might inbufere with the landing and taking off of aircraft at. the Soler Wayne Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the COI JNTY reserves the right to enter on the said real property and cause the abatement of such interfQn rice at lie expense of GRANTEE. 1), GIRANTEE expressly agrees, for itself, its successors and assigns, that ii'mquir'etl, it Will file f'eder'al Aviation Adaninistration (FAA) Forte 7460.1, Notice of Proposed Construction ar Alturatimr (or such other official form As deslintted), for the purpose of aitsimo evaluation for Any and all current and future construction or modification proposed on the above described real property. Signature Pages to Follow Runts AlWo,lhl Malts) Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 53 of 69 20C -63 Approved as to Form Office of the County Counsel Orange County, California Qy: _. ..... Paul M. Albarinn, Senior Deputy Data Exhibit 1) COUNTY COUNTY OF ORANGE, a political subdivision of the State of Ca il'omin By: Barry A. Rondinellu, Airport Dn'actor Date: Par Minuto Ordor doled ie identify oflhe im&vidunt who signed the document to aus coradcato is attacad, mid art the [ru[hEWness, ace ditvofthutdC.=enf, ACKNOWUDGMEW STATE OF CALIFORNIA ) co'UNrrorr ) On , 20,^ before me, '~ (Lisa name dNotary P01,11e k data) personally appem'ad.-__m____ - , who proved to me onthe basis of satisfactory evidence to be thdperson(s) whose name(s) Ware subscribed to the within instrument and nalmowledgod to me that he /sholthoy executed the same in his /hoe /their amhorired copacity(ies), and that by higher /their slbPnatura(s) an the instr m em the pei'san(s). or the entity upon behalf of which the parson(s) acted, executed the instrument I oertify under PENALTY Or P1iRMY under the laws of the State of California that des fm agohig paragraph is area and 0orreaS. WITNESS my hand and official seal. (Seal) Saute AnWDeIIi I DlvereMan NOjcct(F01) TCa B Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 20C -64 0502016 Page 54 of 69 E,011 it D GRAMME Approved as to Form MY OF SANTA ANA, a California charter city By: _ .... --- __.— .. —... By' --._._.,__.._....---- ..._._.._ Date: Date: mly the Weekly of Ibe m(lividual who signed ate domestic Allah firs carfinoats is aftwbcd, and not the tmthftdness, acomeoy, ar rnlidityof that dooauent. ACKNOWLEDGMENT STATE OF CALIFORNIA ) cavrrTY or .._.... __..._._._.) On ; 20 _..._ before me; (Insert m;m of Notmy Public %nllo) personally appeared ___.._.._.._....__._.__._.-._._...._-..._ _.._.....�___— .._....�..— .—._._ who proved to me oathe basis of satisfactory evidence to be the person(;) whose name(;) Wars subscribed to the within insnvmant and aoknowleclg'ed to me that ha/sbefthey executed the sane in his /her /thou authorimd capneity(ies), and that by his/herAheir signatvie(s) an the instrument the person(s), a the entity upon behalf of which the person(s) acted, erecutad the instrument I cetti(y under PENALTY OF PERJURY under the laws of [he .State of Cantarnia that the f0coB'oing paragraph is ¢rue slid coact. WITNESS my hand and official seal. Signature___'___...__ ._......_._.�_._._.....____..._ (Soal) $Naha Alla.nelhl iavuioa ])iujecluYbl) I' C9 9 05191016 Santa Ana -Delhi Channel Diversion Projeot Agreement D15 -013 Page 55 of 69 20C -65 Exhibit D CONSR,NT TO GRANT ON TEMPORARY CONSTRUC".TION EASEMENT DEED TflE IRVINE COMPANY, a corporation, does hereby consent W the foregoing great of this Temporary, Construction Easement Deed; provided, however, that suoh consent shall Apply to said Temporary Construction Easement Deed exclusively, anti that such consent shall not be deemed or held to waive, release, alter, change, impair or in tiny manner affect any of die covenants and conditions provided in the deed dated June 30, 1958 by which the undersigned conveyed W the County of Orange due property doscribed hr said Temporary Construction Easement Deed. TIIE IRVINE COMPANY By;. SaNU Aitamihl EAVCH1011 PnIxtt,P01) TM 10 05192016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 56 of 69 20C -66 Exhibit D CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY, that the interest conveyod by thls'Yompm airy Construction Basement Decd from the County of Oraige, a Political subdivision of the Stott of Cnlifornin., to tho City of Santa Ana, a California chnrtcre city, is hereby accepted pursuant to authority gt'onted to tht undersigned by m:der of the Santa Ana City Council on_ 20, subject to the terms, conditions tmd reservations set forth therein, mul (.bRANTEB consents to the recordation o£ said Temporay Construction I:nsement Decd. GRANTEE CITY OF SANTA ANA By: Date: ATTEST: City Clerk smnn MU -Deli ntrrrsme Prolur (FO I) s:Cn 11 051 Same Santa Ana -Delhi Channel Diversion Frojeet Agreement D15 -013 Page 57 of 69 20C -67 RECORDED AT TILE REQUEST WHEN RECORDED MAIL. TO: Count yy of Orange CEM[Lal Estate 300 North Flower Santa Ana, California 92703 Ait'fax Statmnents as shown above ❑ Unincorporated Area R Iranporetad, City of Newpon Beach EXHIBIT E Easement Deed EXHIBIT E This is to Certify that this document is exenpt from rewording fees per Govt. Code See 273$3 and Is exempt from Momentary Transfer Tax per Rev. & Taxation Code See. 11922. Dy: SNINA k alCL11<ANY &Ae11HTll611'IiNIMINCI A. Paroot No.: FO1.215, r01- Project: Santa Ana -Delhi Divenuan Chnanal EASEMENT AMENDMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is horehy adorowlcdged, thus nmenrhnont ( "Amendmunt'j to tlmt ecmtain Easement Decd dated and recorded on Augrlst $, 1961 in Bonk 5862, Page 311 of the Official Records of Orange County, California ("Easement") attached hacto as Exhibit C. is entered into by and betwoon COUNTY OF ORANGIt a political subdivision ofdre State of California, its successors and assians (hereinafter referred to as `GRANTOR "), and the ORANCLE COUNTY FLOOD CONTROL DISTRICT, (a body corporate and politic, hereinafter referred to as "DISTRICT ")(GRANTOR. unit DIST'RIC'T may soinctintes hereinafter be individually referred to as "Party" or,iohrtiy as °`Parties "). RECITAL 1. Pursuant to the Easement, DISTRICT holds a perpetual easement and right of way for flood control Purposes in, over and across that certain real property identilied and described in that document as the oosoment area within Parcel F01.215. Pursuant to those Easornrast rights, DISTRACT operates and nuuntains its flood eonh'ol P.teility known as the Santa Ana -Dotbi Divonlct Channel, Facility No. F01 (the "Facility "). Page I of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 58 of 69 20C -68 EXHIBIT E 2. The County of Grange, Board of Supervisors on _ _- approveet Santa AmrDelhi Channel DivorsionProject Agreement DI5 -013 anvmg GRANTGR, DiSTRIC'i', City of Santa Ana, City of Newport Beach, City of Costa Mesa, Orange County Water District and the hvine Ranch Water District in furtherance of a regional watershed project to divert dry- weather urban discharge flows and trash from the Santa Ana -Delhi Diversion Channel to satisfy water duality compliance requirements (VeoJect'9. Implumentatimr of the Project entails construction of a Diversion Structure requiring modifications to [lie existing Facility and installation of subsurface pumps, wet well, pipelines and a sewer force main within a portion of the Easement Area; and roaligmnent of an access rand. 3. By this Amendment, the Parties Intend to modify ilia existing Easement to add an additional easement arrow, referenced as Parcel Fill • - ,_immediately adjacent to Parcol Fol•'215 by this Amendment. Parcels F01 -215 and Parcel F01 4. 'rho Parties understand and agree to comply witlt the tams, conditions and obligadans of that certain Grant Deed recorded June 30, 1958 in Book 4332, Page 308 in the Official Rccm•ds of Grange County, California which vests all rights, title, and interest in the Easement Area (as defined herein below) with GRANTOR. 5. 'rho Parties intend to add tarns W the existing Easement to foster collaboration in their joint use of the subject property, 6. Other than the terms heroin, this Amondment shall not otherwiso affect; altar, or chango the Eascmont. As to any inconsistency existing between with ilia terms of this Amendment and the terms in the Easement, the Parties agree the terms of this Amendment ghall control. 7, For the above stated reasons, the Parties agree to amend (lie Easement with Ilia toning and conditions herein to apply to the Easement Area, NOW,. T14EREMRK for valuably consideration, reueipt of which is hereby acknowledged, tho Parties agree to the following terms, conditions, and reservations: A. RECITALS Each of the above Recitals is incorporated herein and is true and correct. B. INSERTPARCFI,FOI• C,CIGAT. 1)I38C12IP'TION ANi)7)FPIC'1'ION GRANTOR hereby conveys to DISTRICT the ability to oxcruiso its rights pursuant to the Easement in, on, under and over land immediately adjacent to the existing Parent F01.215 easement area, upon land rofenwd to heroin as Paced Fol• as doflned In Exhibit and depicted in Exhibit B, eaolr arfached hereto and incngioraked.hcmin. C. ADD SECTIQN.1 The following is hereby added to {lie Easement as Section 1: Section 1. The above legal description for Parcol 1701.215 and the attached legal description in Exhl it A for Parcel F01- —as depicted in Exhibit B, which exhibits are attached hereto and by reference sstuda n part hereof, shall collectively dofrna the'Usemenl Area "Dec the rights conveyed herein. Page 2 of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 59 of 69 20C -69 EXHIBIT E D. ADD SECTIDN2 The following is hercbyadded to the Eascruent as Suotion 2: Section 2. All notices, documents, correspondence, and couununioatimis- concerning due perpetual easement shall be addressed as set forth in this paragraph, or as the parties may lierea'fW designate by written notice, and shall bo sent dnough the United States mail, duly registered or certified with postage prepaid. Any such mailing shall be deemed sawed or delivered twenty-four (24) hours after mailing. Each party may change the address for notices by giving the other party at least ton (l)) calendar days prior written notice of the new address. Notwithstanding the above, a patty may also provide notices, documents, conespondenco, or such other communications to tire other party by personal delivery or regular mail and, so given, shall be deemed to have been given upon roceipt if provided by personal delivery a fortycight (4.8),hours after mniting if provided by regular mail. if to GRANTOR; County of Orange c/a John Wayne Airport Airport Director 31.60 Airway Averse Costa Meta, CA 92626 Facsimile: (949) 252 -5174 RE: Santa Ana -Dolld Diversion Project Ifto DISTRICT; Orange County Flood Control District tso Director, OC Public Works P. O. Box 4048 RE: D15.013 Santa Ana-Delhi Diversion (F01) Santa Alm, CA 92702.4048 E. APD SECTION 3 The fallowing is hereby added to die Easomenl as Section 3: Section 3. GRANTOR agrees drat it shall not gran( any em4$ee, subsurface or aerial rights in lire basement Area as will unreasonably hstetfore with a probibit die use by DISTRICT of the right% and ousematrt herein granted. GRANTOR reserves all rights compatible with and not prejudicial to DISTRICT eeercise of due rights and easement herein granted; provided, m improvements shall be constructed, placed or permitted within, upon, under or above the Easement Area until such construction and /or maintenance plans have first been approved in writing by the Airport Director and the Director of Public Works of County of Orange or their designees. Director approval of GRANTOR's plans shall not be deemed approval from die standpoint of structural safety, suitability for purpose or conformance will, building or other codes or other govenunental requirements. E. ADD SECTION 4 Tho following is hereby added to tine Easement as Section 4: Section 4. FAA CONDITIONS AND RESERVATIONS A. COUNTY hereby reserves now itself and its operator John Wayne Airport, and their respective successors anti assigns, for the nun and banotlt of due public, a right of flight for the Passage of aircraft in the airspace above die surface of the above doscribed real property, together with tine right to cause in said Page 3 of 7 Santa Ana -Delhi Channel Diversion Project Agreement DIS -013 Page 60 of 69 20C -70 EXHIBIT E airspace such noise as may be inherent in the operation of aircraft, now knmivrt at hereafter used for navigation of or flight in [lie said airspace, and for use of said airspace for landing on, taking off from or operating on John Wayne Airport. B. DISTRICT by entering into this easement, expressly agrees, for itself, its successors and assigns, that it will not croetnor permit the creation of a y stntatoro or building nor permit object Of natural growth or other obstruction on the above described real property above a height as determined by the application of the requirements of 14 C.C.R., Part 77 (PAR Part 77), In fire event the aforesaid covenant is breached, COUNTY reserves tie right to enter on the above described real property and to remove the offending strueturo or object and to cut the offending natural growth, all of which shall be at the expense of the DISTRICT. C. DISTRICT by entering into this casement, expressly agrees, for itself, its successors and assigns, that it will not make use of the above described real property in any mamror which might interfere with the lauding and taking oil' of aircraft at the John Wayne Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breachmd, the COUNTY reserves the right to enter on the said real property and camo the abatement of such interference at the expense of DISTRICT. D• DISTRICT expressly agrees, for itself, its successom and assigns, that if required, it will file Pedoral Aviation Administration (pAA) form 74604, Notice of proposed Comahuction or Alteration (or such other official form as designated), for the purpose of nhspace avalnation fur any and all current amt fina'e construction or modification proposed on the above described real property. G. AIM "SECTION 5 The fallowing section is hereby added to the Basement as Section 5: Section 5. ACCESS TO EASEbIENT' AREA DISTRICI:' agrees to notify GRANTOR's Airport Director or designee prior to DISTRICT'S commencement of, repair or relocation worst In the Easement Area. GRANTOR shall have the right to designate tie access to the Easement Area through GRANI'OR's property by written notice to DISTRICT. This doaignated access route shall reasonably acconnnodate DISTRICT'S maintenance vehicles. In the event of a need far tlhe GRANTOR to change tie somas location, GRANTOR shall attempt to give ten (10) days written notice. Said notice shall be given by Airport Director or designee. II. ADD SECTION 6 The following section is heeby added to the Easement as Section 6: Section 6. REMOVAL AND /OR ABANDONMENT DISTRICT agrees that in the event the service for which said facilities were constructed is ordered discontinued and DISTRICT is not required by law, title, or, regulation of any governmental authority to furnish said service or in the event the use of the facilities ceases for a period of more than one (1) year without writ ai notice fram DISTRICT to GRANTOR of the circumstances affecting such suspension and of DISTRIC'T'S intention to resume usage of the facilities, DISTRICT, at :Director's request, and at no cost to GRANTOR, shall promptly remove and /or abandon any portion of said facilities owned, operated, and maintained by DISTRICT, after reoeipt of written notice from Airport Director to remove and/or abandon Lh the event of such removal and/or abandonment, DISTRICT shall execute and record in the Official Records of Orange County, California, a Quitclaim Deed sufficksin to remove the encumbrance of this casement from title to the Easement Area. Page 4 (if 7 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 61 of 69 20C -71 EXHIBIT E 1. A_ -,,DD 5 ECTION,�, The following section is hereby added to the Easement as Section 7: Section 7. COMPLI'1NCE WITH REGULATORY AUTHORITIES D[STRICI' shall, at its awn coat and expense, promptly and at all times observe, comply with and cart' out all present and future arders, regulations, directions, rules, laws, ordinances, permits and re<tuirsav nta of all governmental authorities, including but nut limited to environmental regulatory authoritiem, with jurisdiction in, on, over and about the Easement Area, which arise from DISTRICT'S use of or perfornrmrce of any activities permitted to he conducted in, on, over, or across fife Easement Area. In addition, DISTMCT shall ensure that all activities in, on, over ar about the Easement Area mro perhunwil in accordance with any NPDES (Nothnad Pollutant Discharge Elimination System) ports t requirements or other water quality atomics, regulations, ordinances, or permits, applicable to such activities, including but not finned to use of appropriate best management practices, so as to an9uro that pollnnmts are not discharged into the Channel oar into the Flood control system. Prior to die shut of any construction activity, DISTRICT shall provide Airport ])hector and Director of I'rrblio Works a copy of their Water Quality Managcnrent Plan (WQMP) for approval, No approvals or consents given hereunder by COUNTY, as a party to this Easement shall be deemed approval as to compliance or conformance with applicable governmental codes, Laws, rules or regulations. Signature Page Follows Pago 5 or 7 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 62 of 64 20C -72 Approverl as to Corm office of the County Counsol Orange County, California By: All arias, Senior Deputy Data! EXHIBIT E GRANT County of Orange, a political Subdivision of the State of California John Wayne Airport Barry A Rondinalla, Airpm't Director Date: Por ivlinuto Order dated: A nanny pubilo or other officer compleHngtlis oatlflente verifies may the Idmaity orthe indvidout who signed the document to wivoh this oadificom is attached, ani act lira outhfidne o, awwaog or validity or that doermnm t. State of California County of Orange ACKNOWLEDGNIM1' 20— before me, , personally gaemnna,raa.aremnn appeatrod_____._...__- _..._.._.� who proved to me on the basis of satisfaotory evidence to he the parson(s) whose rame(s).ia /are aubsuribed to the within instrument and acknowledged to me that he /sheIntey executed the same in hls/heotheir authorized capaclly(las), and that by hierher(their signafwe(s) on the instrumont file person(a), or the entity upon behalf of which the personas) acted, executed the instrument, T certify under Pl1NAt, rY OF P1ll2TURY under tho Iowa of the Stata of California that de foregoing paragraph is tae and correct, WITNESS my hand and official veal. (Scat) Pago 6 of 7 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 20C -73 Page 63 of 69 EXHIBIT E CERTIFICATE OF ACCEPTANCE This is to certify that tlra interest in real property convoyyed by the within dead or grant to the ORANGE COUNTY FLOOD CONTROL D151 RICE, a body corporate and politic, is horeby accepted by order of the Huard of Supervisors; of the County of Orange, California, acting as the governing bond of the ORANGE COUNTY FLOOD CONTROL DISTRICT, acrd the ORANGE COUNTY FLOOD CONTROL DISTRICT consents to recordation thereof by its duly authorised officer. ORANGE COUNTY FLOOD CON'T'ROL DISTRICT Datod: Hy: Shanc I. Silky, Director OC Public Wor6x Pot Minute Order dated Approved as to Fortin Office of the County Counsel Orange County, California By: Deputy Date: Page 7 of 7 Santa Ana -Delhi Channel Diversion Project Agreement DIS -013 Page 64 of 69 20C -74 EXHIBIT F OCTA Tier 2 Guidelines are available at OCTA's website; at the following link: htt :/p / www. octa.net /pdf /CTFPGuidelines.pdf Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 65 of 69 20C -75 EXHIBIT G Insurance, Bonds and Warranties I. Design and Construction Insurance Requirements All consultants, engineers, mitigation agents, the Contractor and each subcontractor to perform work on the Project environmental, design and construction or satisfy obligations in this Agreement shall maintain and provide OCFCD, or COSTA MESA if applicable, with proof of insurance for coverage as set forth below prior to commencement of work: Coverage/Limits Coverage Minimum Limits Commercial General Liability with $1,000,000 limit per occurrence products and completed operations and $2,000,000 aggregate contractual liability Automobile Liability including coverage $1,000,000 limit per occurrence for owned, non -owned and hired vehicles Workers' Compensation Statutory Employer's Liability Insurance $1,000,000 limit per occurrence Professional Liability Insurance $1,000,000 limit per claims made or Occurrence $1,000,000 aggregate Required Coverase Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) Form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. Oualified Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier) or have a minimum rating of A- (Secure A.M. Best's rating) and VIII (Financial Size Category) as determined by the most current edition of the Best's Ivey Ratinu Guide /Property- CasualtylLhiited States or ambest.com Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 66 of 69 20C -76 1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming each Party and MA and its elected and appointed officials, officers, employees, and agents as Additional Insureds. 2) A primary non - contributing endorsement evidencing that the contractor's insurance is primary and any insurance maintained by any Party shall be excess and non - contributing. 3) A Products and Completed Operations endorsement using ISO Form CG2037 (ed. 10 /01) or a form at least as broad, or an acceptable alternative is the ISO from CG2010 (ed. 11/85). All insurance policies required herein shall waive all rights of subrogation against the Parties and their respective elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. If a Professional Liability policy is a "claims made" policy, that contractor shall agree to maintain professional liability coverage for three years following completion of construction and acceptance of work. The Products and Completed Operations coverage shall also be maintained for three years following completion of construction and acceptance of work. The procuring of such required policy or policies of insurance shall not be construed to limit the Contractor and/or its subcontractor's liability, nor to fulfill an indemnification provisions and requirements, nor in any way to reduce the policy coverage and limits available from the insurer. Required Bonds Contractor shall provide a faithful performance bond, payment bond, and warranty bond (individually "Bond" or collectively "Bonds ") subject to Director prior approval and the terms herein. Each Bond shall name the Parties as beneficiaries and grant each Project Representative the right to enforce the bond to complete the Facilities in compliance with all constriction obligations including but not limited to those for warranties. Sureties providing these Bonds shall be a Treasury Listed Surety Admitted in California (Federal Register) with a current minimum Best's Key Rating of A- and a Financial Size Category (FSC) of VIII or better. Contractor shall pay all premiums and costs thereof and incidental thereto. SANTA ANA and the Project Representatives agree to not release the Contractor from its Bond(s) without the first obtaining mutual written approval by the Project Representatives. Release of a warranty bond(s) shall occur no earlier than the third anniversary of the sign -off date on the applicable CPP(s). Contractor to provide faithful performance bond(s) in an amount to cover 100% of the estimated construction cost for the Facilities (including labor and materials) to insure the Contractor's faithful performance of all work under the construction contract and the replacing of, or making acceptable, any defective materials or faulty wor1cmanship. No alterations, time extensions, additional work or other changes authorized by the Agreement or the contract may be made without securing consent of the surety or sureties on the Bonds. Saata Ana -Delhi Channel Diversion Project Agreement D15.013 Page 67 of 69 20C -77 Contractor to provide payment bond(s) in an amount deemed the by Project Representatives as sufficient to guarantee the Contractor's faithful performance of contract obligations, including those required for warranties and any performed post-construction, Required Warranties Contractor to warrant that materials and equipment furnished be new or good quality and carry all available manufacturer's and installer's warranties and that construction be of good and workmanlike quality in accordance with the terms of this Agreement for a period of three years from completion of Project construction and the sign -off date on applicable CP'P(s). Any work not conforming to these requirements shall be considered defective work. The construction contract shall not limit the time that owner of improvements has to pursue any action for defective work for a time period less than the applicable statute of limitations. II. Operation and Maintenance An O &M contractor(s) shall maintain and provide OCFCD and/or COSTA MESA, with proof of insurance for coverage, at minimum, as set forth below; Coverage /Limits Coverage Minimum Limits Commercial General Liability with products and completed operations and contractual liability $1,000,000 limit per occurrence $1,000,000 aggregate Automobile Liability including coverage for owned, non -owned and hired vehicles $1,000,000 limit per occurrence Workers' Com ensation Statutory Employer's Liability Insurance $1,000,000 limit per occurrence Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. Ouaiifred Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in The State of California (California Admitted Carrier) or have a minimum rating of A- (Secure A.M. Best's rating) and VIII (Financial Size Category) as determined by the most current edition of the Best's Key Rating Gtrrde /Property- Casualty /United States or ambest.com Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 68 of 69 20C -78 Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 4) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming each Party and its elected and appointed officials, officers, employees, and agents as Additional Insureds. 5) A primary non - contributing endorsement evidencing that the contractor's insurance is primary and any insurance maintained by any Party shall be excess and non - contributing. 6) A Products and Completed Operations endorsement using ISO Form CG2037 (ed. 10/01) or a form at least as broad, or an acceptable alternative is the ISO from CG2010 (ed. 11/85). All insurance policies required herein shall waive all rights of subrogation against the Parties and their respective elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. The procuring of such required policy or policies of insurance shall not be construed to limit the contractor and/or subcontractor liability, nor to fulfill an indemnification provision and requirement, nor in any way to reduce the policy coverage and limits available from the insurer. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 69 of 69 20C -79 20C -80 SANTA ANA DELHI CHANNEL DIVERSION PROJECT RESPONSE TO COMMENTS ON INITIAL STUDY /MITIGATED NEGATIVE DECLARATION Prepared for: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 March 2016 Prepared by URS Corporation 999 Town and Country Rd Orange, CA 92868 Contact: Joseph Long, PE 7t4- 352 -1528 r ,' e 0 Table of Contents 1.0 Introduction .................................................... ............................... 1 2.0 Response to Comments ................................................................ ............................... 3 2.1 Comments from Orange County Public Works (Flood Programs Environmental Resources, and Trails) .................................................................... ............................... 3 2.2 Comments from Santa Ana Regional Water Quality Control Board . ............................... 8 2.3 Comments from Orange County Water District (OCWD) ................. ............................... 9 2.4 Comments from John Wayne Airport ( JWA) .................................... .............................10 2.5 Comments from Department of Transportation (Caltrans) ............... .............................10 Attachments A Comment Letters on the IS(MND B Updated Watershed Drainage Map C Revised Figures 5 and 6 with labels for Golf Course and Pedestrian Bridge D Revised Page 3 -1 showing OCFCD as a Project Sponsor 200-82 1,0 INTRODUCTION URS prepared an Initial Study /Mitigated Negative Declaration (IS /MND) for the ,proposed Santa Ana Delhi Diversion Project (Project) which evaluated the environmental effects of the Project in accordance with the California Environmental Quality Act (CEQA Guidelines). The Project is intended to remove dry- weather channel flows from the Santa Ana Delhi Channel watershed and divert said flows into the Orange County Sanitation District's regional collection system for treatment prior to discharge into the ocean or to be utilized as source water for the regional Ground Water Recharge System. The primary intent of the Project is to protect Upper Newport Back Bay from additional pollutant loading generated by flows from the Santa Ana Delhi Channel watershed. The proposed Project consists of three major components: 1) dry- weather diversion; 2) floatable debris removal system; and 3) pumping facilities to the regional sewer collection system. The Project also includes a 1.6 mile pipeline in Bristol Street to the regional sewer in Baker Street in the City of Costa Mesa. The proposed Project will be located within the Newport Beach Golf Course, adjacent to the east side Aerial Overview Santa Ana Delhi Diversion Project Location of the Santa Ana Delhi. Channel approximately 900 feet upstream of the Irvine Avenue. The Project is being developed with cooperation between the Cities of Santa Ana, Newport Beach, and Costa Mesa, Orange County Public Works (OCPW) and the Orange County Flood Control District (OCFCD) (Project Stakeholders). The Project is viewed as a multi - functional benefit and regional water duality improvement project associated with the current and fixture NPDES requirements and specifically in accordance with the proposed trash amendment to the existing Municipal Separate Storm Sewer System (MS4) permit requirements. The IS /MND concluded that construction and operation of the Project would not result in significant adverse impacts to the environment. In accordance with the CEQA Guidelines, the IS/1YIND was circulated for public and agency review for a period of 30 days. This review period began on January 27, 2016 and ended on February 25, 2016. Public notice of availability was published in the Orange County Register on January 27, 2016, The Notice of Availability was also provided to the Orange County Clerk's office. The IS/MND was available for review at: • City of Santa Ana Public Works Counter • City of Santa Ana Public Library • Orange County Public Library —Mesa Verde Branch (in Costa Mesa) • City of Santa Ana Public Works Agency website: http : / /www.ei.santa- ana.ca.us /pwa/ 20C -83 The IS /MND was sent to the State Clearinghouse (SCH) for distribution to state agencies and was assigned SCH # 2016011069. The SCH sent copies of the IS /MND to the following state agencies for review and comment: State Agencies Receiving the IS /MND for Review State Agencies Providing Comments California Coastal Commission No Department of Fish and Wildllfo, Region 5 No Department of Parks and Recreation No Department of Water Resources No Coltrane District 12 Yes Division of Aeronautics No California Highway Patrol No Air Resources Board No State Water Resources Control Board, Division of Financial Assistance No State Water Resources Control Board, Division of Drinking Water No State Water Resources Control Board, Division of Water Rights No Regional Water Quality Control Board, Region 8 Yes Native American Heritage Commission No State Lands Commission No Additionally, URS on behalf of the City of Santa Ana sent the IS/MND to the following local stakeholders for review and comment: Local Stakeholders Receiving the IS /MND for Review Local Stakeholders Providing Comments City of Newport Beach No City of Costa Mesa No Orange County Flood Control District Yes Orange County Watersheds No Orange County Sanitation District No Orange County Water District Yes Newport Bay Conservancy No Surfrider Foundation — Newport Beach Chapter No Orange County Coastkeeper No John Wayne Airport Yes All comments received on the MND are included in Attachment A. Responses to comments are provided in Section 2.0. 20C -84 0 2.0 RESPONSE TO COMMENTS 2.1 COMMENTS FROM ORANGE COUNTY PUBLIC WORKS (FLOOD PROGRAMS ENVIRONMENTAL RESOURCES, AND TRAILS) - FEBRUARY 24, 2016 2.1,1 Flood Programs 1. Comment: Request the IS/NIND consistently address the County/ OCFCD as one of project proponents along with the Cities of Santa Ana, Newport Beach and Costa Mesa, Response: Comment noted. All references to the Project Proponents should include County / OCFCD. 2. Comment: Change reference to Watershed Protection Group in Section 1.0 to Environmental Resources, Response: Comment noted. The name change is acknowledged. 3. Comment: Correct typo, reference are listed in Section 6.0, not 7.0. Response: Comment noted. 4. Comment: Please verify acreage of Santa Ana Delhi Channel (F01) catchment area. Response: OCFCD provided a new watershed drainage area map that shows a FO watershed area of 10,900 acres. This new map is provided as Attachment B of this Response to Comment document. 5. Comment: Please verify drainage boundaries of Santa Ana Delhi (F01), Santa Ana Gardens (FO2) and Paularino (F03) shown in the Figure 1 of the MND versus the Fill Proposed Diversion Structure Watersheds map provided by the OCFCD to the City of Santa Ana. Response: OCFCD provided a new watershed drainage area map showing boundaries for FO I, F02 and F03. This newer map is included as Attachment B and would supersede Figure I in the IS/MND. 6. Comment: Based on the new drainage area map provided, please verify the contributory acreages of the Cities of Santa Ana, Costa Mesa, Newport Beach, Irvine and Unincorporated Orange County. Response: Based on the new drainage area map provided by OCFCD, the contributory acreages of the Cities of Santa Ana, Costa Mesa, Newport Beach, Irvine and Unincorporated Orange County are: 6983, 3019, 128, 159 and 611 acres, respectively, 7. Comment: The proposed diversion should not worsen existing hydraulic conditions of F01. Existing and post project hydraulic analysis need to be performed to evaluate the project's impact to F01 and mitigation measures proposed in consultation with OCPW if there are any adverse impacts. Response: The project is designed in accordance with the OC Flood Design Manual to meet all requirements for maintaining the flood control capacity of the channel. Hydraulic analyses have been performed by URS in coordination with OCFCD and provided in the Hydraulic 20C -85 Study on file with OCFCD. The Hydraulic Study describes the analyses performed on the channel, diversion structure, and local storm drain inlet systems. The level of flood protection offered by FO has not been affected. No additional flood areas have been created by the proposed structure. 8. Comment: The description of Element 2 (Debris Containment System) specifies what happens to flows /debris up to 2 feet in depth and flows /debris above 3 feet in depth but under 7 feet. Provide an explanation of what happens to floating debris and flows within the range of 2 -3 feet of depth. Response: At no point are flows fully retained by the diversion structure. For clarification, the following description of operational flow ranges is provided. All flows less than 20 cubic feet per second (cfs) will be redirected into the facility by the cross- charmel weir to be treated via an inclined (Coanda) screen and returned to channel through a transfer culvert within the off - channel diversion facility (HEC -RAS Bypass Culvert). Flows exceeding 20 cfs will exceed the flow capacity of the transfer culvert and begin to flood the off - channel diversion facility and pass through trash nets for floating debris treatment until a point such that sufficient downstream head has been built to overtop the cross channel weir. At this point, flows and floating debris will be skimmed by the resting reinforced boom into the off- charmel diversion facility until a channel water surface of approximately 18 inches has been reached. Once a water surface of 18 inches has been reached, the boom will begin to float up to a water surface of 6 feet 6 inches (approximately a 2 -year water quality event). The boom will slam and redirect the top portion of flows for floating debris into the off channel diversion facility up until this set release point has been reached. After a water quality event water surface has been attained, the boom will release from the downstream support while remaining fixed to the upstream support. Floating litter and debris directed into the off - channel diversion facility will be retained by the trash nets. Concurrently, the trash nets will collapse after a water quality event water surface has been attained in order to prevent damage from the 100 -year flood control event water velocities. A secondary coarse bar screen has been provided at the exit of the off - channel diversion facility to retain pollutants that have entered the off - channel diversion facility but have either bypassed the trash nets or exceeded the trash net storage capacity during a water quality event. 9. Comment: Please verify maintenance frequencies described fn different sections of tine IS/MND for consistency. Response: Long term maintenance, which includes removal of accumulated debris, sedimtnt, and floatables within the diversion facility, is expected to be on a 30 -day maintenance cycle, after each rain event, or as required. 10. Comment: Please state in the IS/MND and Operations & Maintenance Plan detailing all required maintenance activities, responsibilities, and the frequencies associated with all three project elements. All permits including those from Regulatory Agencies should be shared with the OCFCD /County before they are finalized and become part of the O &M Plan. 20C -86 Response: Operation and maintenance activities, responsibilities and frequencies of each project element are identified in the table below. The Proj ect Stakeholders named in the Memorandum of Understanding (MOU) that is currently under development will be responsible for ensuring that all stakeholders are informed of the regulatory permit process and provided an opportunity for review /comment as applicable, Project Element Operation and Maintenance Responsibility Frequency Activity Element t - Removal of accumulated debris, OCFCD Every 30 days, after each In Channel sediment, floatables from the rain event, or as required. Diversion Structure testable debris boom Also, prior to Oct. 1 and after April 30. Reset the debris boom OCFCD After each storm event that exceeds the2 -year storm event water surface Element 2 — Removal of accumulated debris, OCFCD Every 30 days, after each Channel Debris sediment, floatables from rain event, or as required. Removal System - Coanda screen and debris Also, prior to Oct. 1 and containment area after April 30. Cleaning of COS unit OCFCD Every 6 months Element 3 — Inspection of pumps and wet OCFCD Every 6 months Pumping Facilities wells Replacement of pumps OCFCD As needed (25 -year minimum expected life cycle) 11. Comment: The access road has to be moved within the golf course in a manner that does not impact operation of the golf course. Response: During project construction, the access road will be temporarily closed off, but the bridge over the channel to the Front Nine will remain open. Long -term, the project has been designed so that the re- aligned portion of the access road will be outside the golf course existing lines of play. 12. Comment: Please add test regarding the project footprint requirements of the pipeline and other features outside the County R/W as appropriate. Response: The pipeline wilt be L6 nnles long and placed in a 5 -foot wide trench in the existing paved Bristol Street right -of -way. Pipeline construction plans will be reviewed and approved by the City of Costa Mesa. 13. Comment: The existing access road is not open for public use at this time. Please revise text as appropriate. Response: It has been confirmed by Jeff Dickman of OCPW that the existing access road is part of the Santa Ana Heights Regional Riding and Hiking Trail, a county master - planned trail, and open for public use. The purpose for the trail is to connect the equestrian stable at the OC Fairgrounds to Upper Newport Bay and to two other regional routes leading to Peters 200-87 0 Canyon Regional Park, Mason Regional Park and Irvine Coast Wilderness Park. Trail users include walkers, joggers, runners, mountain bicyclists and equestrians. 14. Comment: Suggest labeling the "Back and Front of the Ninth hole" and the pedestrian bridge on Figures 5 and 6 for anyone not familiar with golf terminology. Response: Figures 5 and 6 have been revised to include labels for these features, and are included as Attachment C of this Response to Comments document, The "Back Nine" is the Newport Beach Golf Course's official name for the South East portion of the coarse which contains the reservoir (lake). The "Front Nine" is the official name for the North West portion of the course. The two halves are separated by the Santa Ana Delhi Charnel which has a pedestrian bridge spanning the two halves of the fall course. 15. Comment: Page 2 -17, first paragraph reference the public recreation trail. Please delete all references to trails in the IS/MND. Response: See Response to Comment 13. 16, Comment: As shown in Table 2.4 -1 (page 2 -18 of the IS/MND), please identify where the 13,380 sq. ft. permanent maintenance easement and 4,300 sq. ft. sewer easement will be located (e.g. within the streets, JWA, or County property?). Response: Basements will be within the Newport Beach Golf Course as shown in Figures 5 and 6 (Attachment C). 17. Comment: Page 3 -1, under item No. 5 Project Sponsor, please clarify here and throughout the ISlMND that OCFCD is a Project Sponsor. Response: Continent noted. It is acknowledged that OCFCD is a Project Sponsor along with the Cities of Santa Ana, Newport Beach and Costa Mesa. Section 3.1 has been revised to list OCFCD as a Project Sponsor and included in Attachment D of this Response to Comments document. 18. Comment: It should be shown with analysis that the proposed in- channel diversion facility and appurtenances will not affect the existing flood protection level provided by the flood control facility. Response: See Response to Comment 0. The project will not affect the existing flood protection level provided by the flood control facility. 19. Comment: Please confirm the submerged depth of the pumps so that the IS/AIND and the project plans are consistent. Response: The pump station wet well has a bottom invert of 32 feet below grade. During normal dry weather operation, sump pumps shall be submerged between 2 and 8 feet of water depth during pump cycling. During wet weather operation, wet well water surface will be equal to channel water surface. 20. Comment: Agreements between the OCFCD /County and project partners are required in order to define the terms and conditions under with OCFCD /County will accept modifications to the channel and /or accept /share right -of -way, maintenance i+ responsibilities and associated costs before construction starts and permits can be issued for work within OCF'CD /County right -of way. Response: Comment noted. Project Stakeholders are currently developing a MOU for project operation and maintenance activities. 21. Comment: Please add the Preliminary Design Report including supporting technical report(s) under "Appendices" on page ii of the IS/MND. Response: Comment noted. It is acknowledged that the Preliminary Design Report could have been included as a technical appendix to the IS/MND. However, the Preliminary Design Report has been modified as part of final design and therefore some of the design portions of the report are no longer current. 2.1.2 Environmental Resources Division 1. Comment: Reference to OCPW Watershed Protection Group in Section 1.0 should be changed to OCPW Environmental Resources Division. Response: Comment noted. 2. Comment: In Section 2.4.2, Project Operations, the storm season is defined as October 16 — April 14 and the non -storm season as April 15 through October 15. To be consistent with the maintenance schedule under the County's local municipal storm water permit and related municipal /industrial and construction site inspections and maintenance that are to be conducted during the storm and non -storm seasons, the timeframes should be defined as October 1 to April 30 and May 1 to September 30 respectively. Response: Comment noted. The Project's operation and maintenance schedule will be redefined in accordance with the County's local municipal storm water permit program's definitions for the storm and non -storm season. This will be October 1 to April 30 for flee storm season and May 1 to September 30 for the non -storm season. 2.1.3 Comments from OCPCD /SAR /Trails Comment: Over 15 years ago, the County of Orange built a portion of the Santa Ana Heights Regional Riding and Hiking Trail, a county master planned dirt trail. The trail is currently open along the east side of the channel from Irvine Avenue upstream to Santa Ana Avenue. The trail is open from sunrise to sunset for use by walkers, joggers, runners, bicycle riders and equestrians. • The proposed project must not interfere with the public's use of this trail or alter the existing decompose granite trail tread, which is the hallmark of the County /s natural — surface trails • Any alteration, detour, temporary closure or reconstruction of the Santa Ana Height Regional Riding and Hiking Trail must be approved in writing by the County prior to the start of work. • Applicant will be responsible for any repairs to the decomposed trail tread, signage, bollards, gates and other trail- related amenities. 20C -89 0 Response: Comment noted. The project will require temporary closure of the trail during construction of the channel diversion faeilitics for approximately 120 days. After constriction, the trail will be restored to existing conditions using decomposed granite. The City of Santa Ana will seek approval of the trail reconstruction plans from OCPW prior to the start of work. 2.2 COMMENTS FROM SANTA ANA REGIONAL WATER QUALITY CONTROL BOARD — FEBRUARY 25, 2016 Comment: The Project design should consider the impacts of removing all low flows at the diversion structure to downstream aquatic ecosystems, including a freshwater emergent wetland that exists in the section of the Santa Ana -Delhi Channel downstream of the Mesa Street Bridge. In this location, freshwater pools form above the tidal influence that wildlife utilizes. Species observed in this location include western pond turtle and California least tern, a California species of special concern and federally - listed endangered species, respectively. As such, Project proponents should determine avoidance, minimization or mitigation resulting from Project impacts to the listed and other freshwater marsh species established in the areas downstream of the project site. United States Fish and Wildlife Service staff expressed concern over the reduction of channel flows into Upper Newport Bay that would result from the project and possible impact to the salt -water marsh located downstream of the channel confluence with the Bay. The Project proponents should respond to the USFWS concern prior to implementing the Project and consider Project options to avoid potential adverse impacts to the downstream salt marsh. Response: Portions of Final Design for the Project were based off` of recommendations made by the Santa Ana Regional Water Quality Control Board in the Santa Ana Delhi Channel Watershed Water Quality Summary (Shibberr, 2009). This summary recommended that the channel low -flow notch be blocked during the dry season (See'rable 16 of Section 5.0). Final Design of the project included blocking the trapezoidal low -flow "notch" during all weather events via a crass - charnel weir. Up to 20 cubic feet per second (efs) of flows blocked by the proposed diversion structure will be screened via an inclined screen (Coanda) type BMP to remove trash and debris. Up to 3 cfs may be pumped from a Transfer (Bypass) Culvert to be discharged into the regional sewer collection system; all flows exceeding this capacity will be returned to channel. The Bypass Calvert is designed such that up to 20 cfs of annual flows will be returned to channel after receiving screening treatment to remove trash and other debris. Also, flows in the channel downstream of the Project (e,g, below the Mesa Street Bridge) will not be affected by the Project and will continue to flow in this downstream charnel reach. These flows enter the channel from local storm drain inlets that include at least (1) 36 ", (2) 42 ", and (3) 18" storm drain system .inlets and contribute to channel flows downstream of the Proj ect. To address USFWS' concern regarding reduction of channel flows into Upper Newport Bay, operation of the Project pumps to divert flows to the regional sewer collection system 20C -90 (Element 3) could be modified, including puunping for a shorter duration, or if necessary shutting down the pumps at certain tines to provide low flows that the USFWS and the SARWQCB find agreeable for discharge into the Upper Newport Bay, 2. Comment: Project implementation could result in increased erosion in the earthen downstream sections of the channel. The project would reprove sediment from dry weather flows along the earthen section of the channel from Mesa Street to Upper Newport. Bay. The lack of sediment deposition could encourage greater scouring during wet weather flows. Board recommends conducting a hydraulic study of the channel examining sediment transport prior to determining whether to construct the project. Response: OCFCD is currently aware of erosion issues along the earthen section of the channel from Mesa Street to Upper Newport Bay and is currently developing a channel restoration project to address these issues. Erosion issues result from upstream portions of the channel that are fully hardened in a fully urbanized watershed with comparatively minor sediment loading from the Delhi, Watershed to Newport Bay Watershed (Shibberu, 2009). It is estimated that of the 743 tons of combined material removed annually from Santa Ana Delhi sub - watershed based on period 2012 -2014 (OCFCD), 33.3% consisted of sediment which amounts to 24.6 tons of sediment. It is possible that 24.6 tons of sediment may be fully retained by the proposed diversion structure and removed by maintenance operations, This retained 24.6 tons of sediment constitutes 0.04% of the overall TNIDL limit of 62,500 ton per annum for the Newport Bay Watershed (Shibberu, 2009) and would not require a hydraulic study of the channel examining sediment transport. During wet weather, water is not capable of pooling several feet deep behind the diversion structure before it is released downstream. Flows less than 20 cfs will be diverted through an off - channel diversion facility for screening treatment and returned to channel via a Bypass Culvert. Flows exceeding 20 cfs, but less than that of a 2 -year water surface will pass through both the off- channel diversion facility trash nets, and main. channel. Only the top 18 inches of flows are to be slimmed for floating litter and debris by a floating boom that rises to match the 2 -year water surface, The boom will partially release after a 2 -year water surface has been reached to maintain the 100 -year flood control capacity of the channel provided by both the off - channel diversion facility and the main channel at fie proposed proj act site, At no point are flows fully contained by the facility, only 3 cfs of dry - weather flows may be pumped from the Bypass Culvert if not returned to channel. 2.3 COMMENTS FROM ORANGE COUNTY WATER DISTRICT (OCWD) — FEBRUARY 25, 2416 1. Comment: OCNXD operates a non - potable recycled water supply system called the Green Acres Project that delivers recycled water to irrigation and industrial users. A portion of the Green Acres Project pipeline is located in the vicinity of the proposed Santa Ana Delhi Channel Diversion Project area. OCWD requests that the applicant consider potential impacts to this pipeline as the project is designed and constructed. Response: Comment noted. Project design plans include provisions for maintaining clearance of the Green Acres Project pipeline. 20C -91 2.4 COMMENTS FROM JOHN WAYNE AIRPORT (JWA) - FEBRUARY 25, 2016 1. Comment: Domes border the golf course that could be impacted by excessive odors as well as people who play golf along the channel. The MND should include a clear description of how odor issue will be mitigated or eliminated. Response: IS/MND Section 4.3.1.e (page 4 -15) addresses potential odor impacts of the project. The section states that the screening of trash may result in the build -up of trash which may be a source of odors. Removal of accumulated trash within the channel is expected to be on a 30 -day maintenance cycle, after each rain event, or as required. If collected trash presents a source of odors, the atypical source of trash would be removed or the frequency of cleaning would be increased to eliminate the source of odors. 2. Comment: JWA appreciates that project maintenance language provided in the MND allows for more frequent clean -out of the diversion facility as needed. Response: Continent noted. 3. Comment: JWA requests that the MND discuss whether any trees will be impacted by the project and recommends that the trees be saved if possible, or that other trees be replanted. Response: Existing non- native trees along the fence line of the golf course will be removed to accommodate the relocated access road. Replacement of trees, if desired, can be addressed in the MOU being prepared by the Project Stakeholders. 4. Comment: In several MND sections, there is reference to "County of Orange Airport Land Use Commission." This should be changed to "County of Orange /John Wayne Airport ", since County of Orange /John Wayne is the property owner with authority to grant easements for the project, not the Commission, Response: Comment noted. 2.5 COMMENTS FROM DEPARTMENT OF TRANSPORTATION (CAILTRANS)— FEBRUARY 23, 2016 1. Comment: Caltrans requests that the applicant submit Environmental Review Documents to the Local Development/Intergovernmental Review Branch prior to request for permit. Response: On January 26, 2016, URS submitted a hard copy of the IS /MND to Caltrans District 12 in advance of the Encroachment Permit application. Staff in Caltrans District 12 Environmental Unit received this copy of the IS /MND as well as relevant portions of the Project plans for review (e -mail exchange with Ed Dolan, Caltrans Environmental Unit, 02/20/16). Also, the SCH sent the IS/MND to Caltrans District 12 for environmental review as part of the IS/MND 30 -day circulation period. 2. Comment: The City of Santa Ana must obtain a fee exempt Encroachment Permit prior to commencement of work within the State Right of Way. Also, the City's contractor will also have to apply for a Double Permit to perform the work. 20C -92 0 Response: Comment noted. The City of Santa Ana is in the process of applying for an Encroachment Permit and is aware of the Encroaclvnent Perrnit procedures outlined in the Caltrans comment letter. 20C -93 �4 Attachment A Comment Letters on the IS /MIND 20C -94 ubb cWorks Integrity, Accountability, Service, Trust Shane L. Sileby, Director February 24, 2016 Mr. Tyrone Chesanek, Principal Civil Engineer City of Santa Ana, Public Works Agency 20 Civic Center Plaza Santa Ana, California 92701 NCL- 16.011 Subject: Notice of Intent to Adopt a Mitigated Negative Declaration for the Santa Ana Delhi Channel Diversion Project Dear Mr. Chesanek: The County of Orange has reviewed the Notice of Intent to Adopt a Mitigated Negative Declaration for the Santa Ana Delhi Channel Diversion Project and offers the following comments: Flo_o_d Proerams: 1. page 1 -5, Section 1.0, 1n paragraph of the IS /MND states that '"The City of Santa Ana in association with the Cities of Newport beach and Costa Mesa is proposing a low flow diversion project.," Please add County /OCFCD as one of the project proponents to be consistent with the rest of the document. 2. Page 1 -5, Section 1.0, 3 "l paragraph: Please change "Watershed Protection Group" to "Environmental Resources ". 3. Page 1 -6, Section 1,2, last sentence: Please correct typo — references are listed in Section 6.0 (not 7.0). 4. Page 2 -1, Section 2.2, a and 2r "l paragraphs indicate that the total tributary area to Santa Ana Delhi Channel (F01) is 10,158 acres. Our records show F01 has a catchment area of about 11,000 acres. Please verify and revise as appropriate. 5. Page 2 -5, Figure 1: It is noted that the watershed boundaries of Santa Ana Delhi (F01), Santa Ana Gardens (F02), and Paularino (F03) Channels have some discrepancies compared to the drainage map (i.e., F01 Proposed Diversion Structure Watersheds rev.pdf) provided to the City of Santa Ana (City). Please verify drainage boundaries and revise as appropriate. 300 N. Flower Street, Santa Ana, CA 92703 P.O. Box 4048, Santa Ana, CA 92702 -4048 20C -95 www.00pubilcmrks.com 714.667.8900 1 I nfoCCCPMocgamom 6, The drainage map referred to in comment item 5 above also includes contributory drainage acreages from the Cities of Santa Ana, costa Mesa, Newport Beach, Irvine, and Unincorporated Orange County. These acreages differ from those reported on page 2 -1, Section 2.2, 2nd paragraph of the IS /MND. Please verify and revise as appropriate. 7. Page 2 -7, Section 2.4,1 indicates that the proposed project includes an in- channel diversion structure that will utilize a semi -rigid floatable boon and a one foot high broad crested weir that spans the entire channel, The proposed diversion facility should not worsen existing hydraulic conditions of F01. Existing and post project hydraulic analyses need to be performed to evaluate the proposed project's impact to F01 and mitigation measures proposed in consultations with OC Public Works /Infrastructure Programs /Flood Program Support (FPS), if there are any adverse impacts, 8. Page 2 -8, Element 2, 26d paragraph states, "Primary containment will be the storage location of debris and trash collected by the system for channel dry weather flows and flows up to 2 feet of depth" and "Floating debris carried by storm evets greater than 3 feet of depth but under 7 feet of depth will be redirected into the facility by Element 1 and retained by secondary containment chamber." It is unclear what happens to floating debris and flows within the range of 2 -3 feet of depth. Please review and add explanation as appropriate. 9. Page 2 -9, Element 2, 3`d paragraph states, "At minimum debris captured will be removed from debris storage area every 90 days. For optimum performance debris captured will be removed prior to beginning of each storm season and at conclusion of storm season." Please see also page 2 -10: Storm Season Operations and Estimated Trash Removal Operation; page 2 -19; Long Term Maintenance Operations; and page 4-3, 2 "d paragraph. Please verify maintenance frequencies described in different sections of the IS /MND to ensure consistency. 10, Please state in the iS /MND that an Operations & Maintenance Plan detalling all required maintenance activities, responsibilities, and the frequencies associated with all three project elements: in- channel diversion structure, channel debris removal system, pumping facilities will be prepared. All permits including those from Regulatory Agencies should be shared with OCFCD /County before they are finalized and become part of the O &M Plan. 11. Page 2.10, General Maintenance Operations, the IS/Ml states, "However in special circumstances, such as pump removal for replacement, temporary access may be required." The access road has to be moved within the golf course In a manner that does not impact operation of the golf course, 12. Page 2.10, Section 2.4.3, Project Footprint Requirements: This paragraph seems to address the diversion footprint of the project only, It does not discuss the project related to the pipeline and other features outside of County R/W. Please review and add text as appropriate. 13. Page 2 -10, Section 2.4.3 states, "The existing access road, currently open for public recreational purposes, will need to be re- established as part of the development of the project." The existing access road is not open for public use at this time. Please revise the text as appropriate. $00 N. Flower Street, Santa Ana, CA 92703 P.Q. Box 4048, Santa Ana, CA 92702-4048 20C -96 www,00publi eworks.com 714.667.8800 t Info @0CPW,009ov.com 14. Page 2 -11, 1st paragraph: There is a reference to "Back and Front of the Ninth hole " and the pedestrian bridge. These features should be labeled on Figures 5 and 6, if being reference within the text of the IS /MND since reference Is "golf terminology" that everyone may not be familiar with. 15. Page 2 -17, tat paragraph states, 'The access ramp to the proposed facility will be gated separately from access road for use by DCFCD for general maintenance and public recreation trail." Please see page 2 -8, last paragraph regarding trail Issue. There is no existing public trail within the project site. please delete all references to trails from the i5 /MND. 16. Page 2 -18, Table 2.4 -1: "Permanent Maintenance Easement Needed (Square Feet) 13,380" and "Sewer Easement Needed (Square Feet) 4,300" Please identify where these easements are. Are they within streets, John Wayne Airport or County property? 17. Page 3 -1, Section 3.1, Item No. 5 Project Sponsor's Name and Address: This Item omits DCFCD as a sponsor, Definition of Sporsor needs to be clarified and the documents revised as appropriate. 18. Page 4 -38, Section 4.9.1, item c, "Elements of the diversion facilities will be constructed within the concrete -lined Santa Ana Delhi Channel and will not affect the flood control capacity, drainage pattern of the area or alter the course of the channel." Please see also page 4-38, item d and page -39, item h. It should be shown with analysis that the proposed in- channel diversion facility and appurtenances will not affect the existing flood protection level provided by the flood control facility. Please see comment no. 7 above also. 19. Page 4-48, Section 4.12.1,a states, 'These pumps will be completely submerged to a depth of 35 feet below grade." The plans show 32' below grade. Please verify and revise as appropriate. 20, Agreements between the DCFCD /County and project partners are required in order to define the terms and conditions under which DCFCD /County will accept modifications to the channel and /or accept/share right -of -way, maintenance responsibilities and associated costs before construction starts and permits can be issued for work within DCFCD /County right -of -way. 21. Please add the Preliminary Design Report including supporting technical report(s) under "Appendices" on page Il of the IS /MND. if you have any questions or need clarification please do not hesitate to contact Mehdl Sobhani at (714) 667 -3998 or Penny Lew at (714) 647 -3990. Environmental Resources: 1. Section 1.0, introduction (page 1 -5): The reference to OC Public Works Watershed Protection Group in the third paragraph should be changed to OC Public Works Environmental Resources Division. .._.- ......... 300 N. Flower 3treat, Santa Ana, CA 92703 www.ocpuWloworka.com P.O. Box 404x, Santa Ana, CA 02702 -4048 20C -97 714,667.680Q 1 Info@OCPw.00gcv,conn 1 Section 2.4.2, Project Operations (pages 2 -9 to 2.10): This section breaks down project operations during the non -storm season and storm season. The document defines the storm season as October 16 to April 14 and the non -storm season as April 15 through October 15. In order to be consistent with local municipal stormwater permits and related municipal /industrial /construction site inspections and maintenance that are to be conducted during the storm or non -storm seasons, the timeframes should be defined as October 1 to April 30 and May 1 to September 30, respectively. Plood/SAR/Traiis: 1. Over 15 years ago, the County of Orange built a portion of its Santa Ana Heights Regional Riding and Hiking Trail, a county master - planned dirt trail. The trail is currently open along the east side of the channel from Irvine Avenue upstream to Santa Ana Avenue. The trail Is open from sunrise to sunset for use by walkers, joggers, runners, mountain bicycle riders and equestrians. The trail is planned to connect the Orange County Fairgrounds to Upper Newport Bay Nature Preserve, the Peters Canyon — Irvine Coast Regional Riding and Hiking Trails and the Mesa Drive Trail. • The proposed project must not interfere with the public's use of this trail or alter the existing decomposed granite trail tread, which is a hallmark of County's natural- surface trails. • Any alteration, detour, temporary closure or reconstruction of the Santa Ana Heights Regional Riding and Hiking Trail must be approved in writing by the County prior to the start of work. Applicant will be responsible for any repairs to the decomposed trail tread, signage, bollards, gates and other trail- related amenities. If you have any questions or need clarification please do not hesitate to contact Jeff Dickman at (714) 647 -3937. Sincerely, Laree to so, Manager, Planning bivision OC Pu l Works Service Area /OC Development Services 300 North Flower Street Santa Ana, California 92702 -4048 Laree,aionsoCocpw.oa ognv.corn cc: Mehdf Sobhanl, Manager, OC Public Works /Flood Programs Chris Crompton, Manager, OC Public Works /Environmental Resources Jeff Dickman, OC Engineering, OC Public Works /Flood /SAR/Trails 300 N. Flower Street, Santa Ana, CA 92703 P.C. Box 4048, Santa Ana, CA 92702 -4048 20C -98 www,acpu bllcwDrks. com 714,667.6800 1 Info@CCPW.oagov.com YAtrYM1PM,A Water Boards Santa Ana Regional Water Quality Control Board February 25, 2016 Mr. Tyrone Chesanek, City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 PE, Principal Engineer / ems �� Bn,nua>C SPrwN .b,. Mnrn�,w .......... ill f.i�n�i Review of California Environmental Quality Act Mitigated Negative Declaration: Ana -Delhi Channel Diversion Project Dear Mr. Chesanek: Thank you for the opportunity to comment on the mitigated negative declaration (MND) for the proposed Santa Ana Delhi Diversion Project (Project). The stated purpose o the Project is to eliminate dry weather flow and floating debris in the Santa Ana -Delhi Channel to help improve water quality in Upper Newport Bay, The City proposes to construct in an unincorporated area of Grange County a dry weather diversion stru ture within the Santa Ana Delhi Channel adjacent the Newport Beach Golf Course. Whe operating, the Project will remove dry weather flows, trash, debris, and low flows du ing the wet season up to 3.0 cubic feet per second, In addition, the Project proposes th construction of a 1.6 miles long pipeline to carry the diverted flows to an Grange Cc nth Sanitation District regional collection system located on Baker Street in the City of ost Mesa. The MND states that the City of Santa Ana, in association with the Cities of Newpo Beach and Costa Mesa, has proposed the diversion project to address surface wai quality issues. The Cities propose to address water quality issues in accordance v the Orange County Municipal Separate Storm Sewer System permit as well as the several total maximum daily loads (TMDLs) developed for Upper Newport Bay. A primary intent of the Project is to address the Current selenium TMDL while also addressing TMDLs for bacteria, toxics, metals, and nutrients, and the recently apps statewide trash amendment. Regional Board staff appreciates that this Project appears likely to improve water in Upper and Lower Newport Bay by reducing the loading of pollutants to the Bay. requests consideration of the following comments on the MND when designing, constructing, and implementing this Project. 1. The Project design should consider the impacts of removing all low flows at he diversion structure to downstream aquatic ecosystems. As described in the 993 draft Environmental Impact Report (EIR) #527 "Santa Ana -Delhi System ", a d �20,C; 99 Santa Ana Delhi Diversion Project -2. February 25, 2018 easily observed when on -site, a freshwater emergent wetland exists in the section of the Santa Ana -Delhi Channel (channel) downstream of the Mesa Street Bridge and the proposed Project site. In this location, fresh water pools form above the tidal influence that wildlife utilizes. California Department of Fish and Wildlife species of special concern and Federal Endangered Species Act listed species have been reported utilizing the freshwater marsh. The United States Geologic Survey biological survey team and others have periodically identified western pond turtle (Actinemys marmorata pallida), a California Department of Fish and Wildlife species of special concern, in this section of the channel. The California least tern (Stemula antillarum brown), federally listed as endangered, feeds in the freshwater sections of the channel as reported in the 1993 EIR and by local wildlife experts. As such, the Project proponents should determine avoidance, minimization or mitigation resulting from Project impacts to the listed and other freshwater marsh species established in the areas downstream of the Project site. In addition, United States Fish and Wildlife Service (USFWS) staff expressed concerns over the reduction of channel flows into Upper Newport Bay that would result from the implementation of this Project, and possible impacts to the salt- water marsh located downstream of the channel confluence with the Bay. Recently, USFWS staff provided Regional Board staff with a documene that describes the benefits of adequate nutrients to a healthy salt -water marsh. The Project proponents should respond to USFWS' concern prior to implementing the Project, and consider Project options to avoid potential adverse impacts to the downstream salt marsh. 2. The implementation of the Project could result in increased erosion in the earthen downstream sections of the channel. Implementation of the Project would remove sediment from dry weather flows along the earthen section of the channel from Mesa Street to the Bay. The lack of sediment deposition could encourage greater scouring during wet weather flows, but the MND does not discuss this possibility. Board staff recommends conducting a hydraulic study of the channel examining sediment transport prior to determining whether to construct the Project. The MND states that during wet weather, water may be allowed to pool several feet deep behind the diversion structure before it is released downstream, The Project proponents should consider the effects of these wet weather releases to the downstream sections of channel and the habitat. In addition, the Project proponents should evaluate whether allowing routine smaller releases versus Personal communication with USFWS staff Chris Medak. Z Zedler,1993, "Canopy Architecture of Natural and Planted Cord grass Marshes: Selecting Habitat Evaluation Criteria", 20C -100 Santa Ana Delhi Diversion Project .3- February 25, 2095 sudden releases of these flows from the diversion structure would reduce the possibility of adverse impacts. The MND stated that a Clean Water Act Section 401 Water Quality. Standards Certification (401 Certification) would likely be issued by the Regional Board for this Project. The United States Army Corps of Engineers has consistently considered the Santa, Ana Delhi Channel Waters of the United States, which will require the Project applicant to request and obtain a 401 certification prior to constructing this Project. The Project proponents must consider appropriate measures and Best Management Practices (BMPs) to incorporate into the Project to meet water quality standards. These measures and BMPs should be included in the 401 Certification applications, If you have any questions, please contact Dave Woelfel at David .woelfele.waterboards.ca,cov or (951) 782 -7960. Sincerely, W"6-- M Wanda M, Grass Senior Environmental Scientist Regional Planning Section cc; United States Fish and Wildlife Service — Chris Medak California Department of Fish and Wildlife — Kevin Huft City of Newport Beach — Bob Stein 20C -101 o,neaon= PHILIP L. ANTHONY DENIS R. NILODEAU, P.E. JORDAN DRANOMAN SHAWN DEWANE !AN M. FLORY CATHY GREEN DINA NRUYEN ROMAN A. REYNA STEPHEN R.SHELDON ORANGE COUNT" WATER DISTRICT ROGER C. YOH, PE, ;11:ri1r11 w�:,.rn ,. 0,1 .... ..... February 25, 2015 Tyrone Chesanek, PE Principal Civil Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92709 oi"'IL , President CATHY GREEN First V14e President DENIS R, OILODEAUL, P.E. Second Vice President PHILIP L. ANTHONY Reneral Manager MICHAEL R. MARKUS. P.E., D.WRE RE: Mitigated Negative Declaration for Santa Ana Delhi Channel Diversion Project Dear Mr. Chesanek: The Orange County Water District (OCWD) was established by the State of California in 1933 to manage the Orange County groundwater Basin. Water produced from the basin is the primary water supply for approximately 2:4 million residents in Orange County. OCWD operates a non - potable recycled water supply system, called the green Acres Project. A dedicated set of pipelines delivers recycled water to irrigation and industrial users: A portion of the Green Acres Project pipeline is located in the vicinity of the proposed Santa Ana Delhi Channel Diversion Project area. Please see the attached map indicating the location of the pipeline. We request that you consider potential impacts to this pipeline as you design and build the proposed project. If you have any questions regarding the Green Acres Project pipeline, please contact Ben Smith of OCWD at 714 -378 -3211. Thank you for the opportunity to submit these comments. Attachment February 25, 2015 10�N VYN. Tyrone Chosanck AI.MRT City of Santa Ana Public Works Agency O RANOS COUNTY 20 Civic Center Plaza Santa Ana, CA 92702 Garry A. ttondinella, A,A,G,/C.A.G, Subject: NOI to adopt MND for Santa Ana Delhi Channel Diversion Project Airiaart Director Dear Mr. Chesanek: Thank you for the opportunity to review the initial study for the Santa Ana Delhi Channel Diversion Project located in the Santa Ana Delhi- Channel and the adjacent Newport Beach Golf Course. John Wayne Airport (MA) requests that the following comments be addressed: 1, The initial study does not discuss the potential for odor associated with the project. There are homes that border the golf course that could be impacted by excessive odors, as well as people who play golf along the channel. The Mitigated Negative Declaration (MND) should include a clear description of how odor issues will be mitigated or eliminated. 2. The MND does include a long term maintenance schedule. Removal of accumulated debris, sediment, and floatables within the diversion facility is expected to be an a 30 -day maintenance cycle, alter each rain event, or as required. We appreciate that the maintenance language does allow For more frequent cleanout if needed. 3. Figure 5 of the HIND shows that the project footprint is overlaying a number of trees, We request that the MND discuss whether any trees will be impacted by the proposed project, The MND states there will be no agricultural impacts and landscaping details will be determined during final design, If any trees need to be removed, we recommend that the trees be saved if possible, or that other trees be replanted. 4. The underlined language in the sections noted below should be changed from "County of Orange Airport Land Use Commission" to "County of Change /John Wayne Airport" The Airport Land Use Commission is not a property owner and has no authority related to this project. Page 2 -11 (Section 2A.4) Easements: "As a part of the overall Project, the proposed Facility will require a permanent easement for operations. Use of the permanent easement will vary based on location and function of the proposed facility elements. Preliminary boundaries can be seen in Figures 5 and b. These easements will be on Newport Beach Golf Course and would be granted by the Count of Qrange Airport Land Uso Commmission which owns the sisn Afiway Avenue golf course property. �, Custa Mesa, CFA 92626 -hens Page 2 -19 (Section 2.7) Project Approvals: 919.2525171 "The City, as Lead Agency for the project, has discretionary authority over the 949,2525170 fax project. To implement this project, the following discretionary permits /approvals are www.00alGGoot [4 'two ,. 20C -104 Page 2 JWA Corrunents Santa Ana Delh d Channel Diversion 2,25,16 required at a minimum: • Certification of the CEQA document by the City of Santa Ana • Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers • Clean Water Act Section 401 Water Quality Certification from the Santa Ana Regional Water Quality Control Board • California Fish and Game Code Section 1602 Streambed Alteration. Agreement from the California Depar =m of Fish and Wildlife • NPDES General Construction Activities Stonn Water Permit — Notice of Intent (NOD form for construction activities that disturb one acre or more of soil. • Dry Weather Urban Discharge Permit from the Orange County Sanitation District • Encroachment Permit from County of Orange Flood Control District • Easomo imam Courrt,�of Orange la,�q�,,gr� Use Cosnrnissian Page 3 -2 (Section 3.1): 10. Other public agencies whose approval is required (e,g,, peruaits): U,S. Army Corps of Engineers - Section 404 Permit • Santa Ana Regional Water Quality Control Hoard - Section 401 Water Quality Certification • State Water .Resources Control Board - Notice of Intent (NOI) for NPD.ES General Permit for Storm Water Discharges Associated with Construction Activities • Calif. Dept. of Fish and Wildlife . Section 1602 - Streambed Alteration Agreement • Orange County Sanitation District .- Dry Weather Urban Discharge Permit • County of Orange Flood Control District - Encroachment Permit • County of Orana e i oat [and IJse Commisgipn,.- Easements ,"hank you for the opportunity to comment on the MND. Please contact Lee Chourn, Land Use Manager at (949) 252-5123 or via email at lchoum d)ocair.com should any questions arise regarding these comments. Sincerely, L. G, Serafini Deputy Airport Director, Facilities 20C -105 ` j' j' A3X JA_ 0AUUQjNIA_fAJ.11'�f.�.tr \9TA1'G DEPARTMENT OF TRANSPORTATION DISTRICT 12 ° 3347 MICHB SON DRIVE., Stll'1'8 10 IRVINE„ CA 92612 -8894 Serloas Droaght. PHONE (949) 724 -2086 5'erlons• drought. PAX (9,19) 724 -2592 help save. water! Try 711 W W W.tlot.ca.gov February 23, 2016 Mr. Tyrone Cllesanke PE File: IGR /CEQA City of Santa Ana SC.H #: 2016011069 Planning Division Log #: 4621 20 Civic Center Plaza SR -73, SR-55,1405 Santa Ana, CA. 92701 Dear Mr. Chesanke: Thank you for the opportunity to review and comment on the Santa Ana Delhi Channel Diversion Project Mitigated Negative Declaration. The City of Santa Ana in association with the Cities of Newport Beach and Costa Mesa is proposing a low flow diversion project in the Santa Ana -Delhi Channel that is intended to capture and divert low -flow urban discharges into the sanitary sewer system to address surface water duality issues in accordance with the Orange County Municipal Separate Storm. Sewer System (MS4) permit (Order No. R8- 2009.00:50, Amended by Order No. R8. 2010.0062) as well as the Total Maximum Daily Load (TM'DL) for selenium discharge to the Upper Newport Bay. The proposed Santa Ana Delhi Diversion Project (Project) will remove dry weather flows and lows flows during the wet season from the Santa Ana Delhi Channel and divert the flows to the Orange County Sanitation' District (OCSD) sewer collection system for treatment prior to discharge into the ocean or utilization as source water for the OCSD /Orange County Water District (OCWD) regional Ground Water Replenishment System. The proposed Project consists of three major components: 1) dry - weather diversion component; 2) floatable debris removal system; and 3) pumping facilities, force main, and pipeline connection to the OCSD sewer system, Caltrans Local Development - Intergovernmental Review program reviews impacts of local development to the transportation system, including the State Highway System. The Department works to ensure that local land use planning and development decisions include the provision of transportation choices, including transit, intercity rail passenger service, air service, walking and biking, when appropriate. The Department advocates community design (c.g, urban infill, mixed "Provide a sale, suslainahle, f nnnspa7aRan sys•!Wn to enhance `20C -106 r,"abdiry Mr. Tyrone Chesanke PE February 23, 2016 Page 2 use, transit oriented development) that promotes an efficient transportation system and healthy communities. The Department of Transportation (Department) is a responsible agency on this project and has the following comments for your consideration. Local Development intergovernmental Review: Please submit Environmental Review Documents to Local Development /Intergovernmental Review Branch prior to request for permit. Permits: 1. As indicated on the Initial Study/ Mitigated Negative Declaration that The City of Santa Ana in association with the Cities of Newport Beach and Costa Mesa is proposing a low flow diversion project in the Santa Ana -Delhi Channel that is intended to capture and divert low flow urban discharges into the sanitary sewer system at SR -73 and Irvine Avenue /Bristol Street in Orange County, California. 2, The City of Santa Ana must obtain a fee exempt Encroachment Permit prior to commencement of work within the State Right of Way. City of Santa Ana's contractor will also have to apply for the Double Permit to perform the work. If City's contractor has not been exempt from permit fees in the Cooperative Agreement, a deposit of $41.00 will be needed at the time of Double Permit Application submittal. 3. If the cost of work within the State R/W is below'one Million Dollars the Encroachment Permit process will be handled by Caltrans Permits Branch, otherwise the permit should be authorized through Caltrans Project Development. 4. Allow 2 to 4 weeks for a complete submittal to be reviewed and for a permit to be issued. When applying for Encroachment: Permit, please incorporate Environmental Documentation, SWPPP, Hydraulic Calculations and Reports, Traffic Control Plans (If lane closure required), Geotechnical Analysis, Materials specifications, and all relevant design details including design exception approvals. 5. For specific details on Caltrans Encroachment Permits procedure, please refer to Caltrans Encroachment Permits Manual. The latest edition of the Manual is available on the web site; htt www,jLoLgLggy hd/�iarfrcrt7s1develo se y( emits, "Provideasgfe., sustatnahle .M­1,..,1 trmnspontalm .System go enifelme Gk ilh,a 041," 20C -107 Mr.'t'yrone Chesanke PE February 23, 2016 Page 3 Please continue to keep us informed of this project and any future developments that could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to calf Aileen Kennedy at (949) 724 -2239. Sincerely, e 4161/ — MAUREEN EL HARAKE Branch Chief, Regional - Community- Transit Planning District 12 c: Phi Dinh, Hydraulics Farid Nowshiravan, Permits Grace Pina Garrett, NPDES Scott Morgan, Office of Planning and Research "Provide a safe, SusmLrable. inmgratett and e }f'icieru rrnusport«rlon system to enhance ( rd livability" 20C -108 vf+ Attachment B Updated Watershed Drainage Map 20C -109 Orvaled ulvermol 9lmRT.T3teMhGRJy uns Market �anti ladle W I; f uuNlll -. - i F03 F03 FACHOV NLL R FACNttNAME 1LIRISWCT0N ACRES ml SANTAANA -O IO NNEL COSTA MESA t,M Fel SANTAANA- KLHICIiANNEL NEWPORTIIEACN L2a FM SANTA ANA-NWI CHANNEL SANTAANA 4,366 Pot SANTAANA -OELSR CHANNEL VN.rw.ted 3W NMI NVCHITSIORMCHANNEL COSTAMESA 3TT mmi AIRPORTSTORMCIUNNEL IRVINE 159 NNEL SANTAANA TR NRPORTSMRMOWNNEL U inmreorated vt ftNRPORTSTORMC SANTAANAOARUENSCHANNE COSTAMESA 96 SANTAANA"R SC NN SANTAANA ;639 PALLANNOCHANNEL COST p MEU ],ffi6 N O LL F02 0 rth y 'S' F01 s F01S01 PROPOSED DIVERSION STRUCTURE �f111 V . m Q Watershed Drainage Areas SANTAANA COSTA MESA IRVINE NEWPORT BEACH Unincorporated WTAL A" 2OC -11 m Q Watershed Drainage Areas SANTAANA COSTA MESA IRVINE NEWPORT BEACH Unincorporated Attachment C Revised Figures 5 and 6 with Labels for Golf Course and Pedestrian Bridge 20C -111 ACCESS TO IRVINE, AVE. THROUGH PRIVATE ROAD _(FOR WEST BANK WORK) i 55 +00.00 E 56 +00.00 _57 +Q0.06 9 I� CONMDL PMEL a � LEGEND EXISTING RIGHT OF WAY PROPOSED MAINTENANCE EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT LINE OF PLAY PROPOSED ACCESS ROAD QUANTITIES NEW OCFCD MAINTENANCE EASEMENT: 13,380 SOFT (0.31 AC) +20 FT OFFSET EAST FROM EXISTING RMI: STATIONS 56 +50.00 TO 60 +70.00 (420 FT XROAD) +50 FT OFFSET EAST FROM EXISTING R W: STATIONS 56 +50.00 TO 58-16.00 (166 FT) (PUMP STATION) TEMPORARY CONSTRUCTION EASEMENT: 15,485 SOFT (0.37 AQ (MINUS MAINTENANCE EASMENT) -'�JC -j� -a +25 FT OFFSET WEST FROM EXISTING RIW STATIONS 56 +00.00 TO 58 +75.00 (275 FT) (WEST CHANNEL WALL WORK) i& Mm )i x x X +75 FT OFFSET EAST FROM EXISTING RN; STATIONS 56 +85.00 TO 58 +75.00 (275 FT) (PUMP STATION & CHANNEL WALL) + MISC CORNER FOR EX, OC -112 0 F� z 0 8 lyL z (D ❑ LL ol Z U C) U � ii Z LEGEND EXISTING RIGHT OF WAY PROPOSED 14" FORCE MAIN PROPOSED SEWER EASEMENT EXISTING 6' SEWER PIPE QUANTITIES NEW SEWER EASEMENT: 4,300 SQFT (0.10 AC) +20 FT OFFSET EAST FROM NORTH -EAST PROPERTY LINE Attachment D Revised Page 3.1 showing OCFCD as Project Sponsor 20C -114 Santa Ana Delhi Channel Diversion Project Initial Study /Mitigated Negative Declaration 3.0 Initial Study Checklist 3.1 Background 1. Project Title: Santa Ana Delhi Channel Diversion Project 2. Lead Agency Name and Address: City of Santa Ana Department of Public Works 20 West Civic Center Plaza Santa Ana, CA 92701 3, Contact Persons and Phone Number: Tyrone Chesanek 20 West Civic Center Plaza Santa Ana, CA 92701 714- 647 -5045 - TChesanek Santa- aua.gKg 4. Project Location: The proposed project is located with the Santa Ana Delhi Channel and Newport Beach Golf Course, situated southwest of the CA -55 and State Route 73 interchange. The diversion facilities are located adjacent to the east side of the Santa Ana Delhi Channel, approximately 600 feet upstream of Irvine Avenue and within unincorporated Orange County. The proposed sanitary sewer line in Bristol Street extends 1.6 miles to Baker Street and is located within the City of Costa Mesa. 5. Project Sponsor's Name and Address: City of Santa Ana Dept. of Public Works: 20 W. Civic Center Plaza, Santa Ana, CA 92701 City of Costa Mesa Dept. of Public Services: 77 Fair Drive, Costa Mesa, CA 92626 City of Newport Beach Dept, of Public Works: 100 Civic Center Dr. Newport Beach, CA 92660 Orange County Flood Control District: 300 N. Flower St., Santa Ana, CA 92703 6. General Plan Designation: • Facilities in Santa Ana Delhi Channel: Unincorporated County of Orange, designated Public Facilities • Facilities at Newport Beach Golf Course: Unincorporated County of Orange, designated Open Space • Pipeline to OCSD in Bristol Street: City of Costa Mesa, Public Street 7. Zoning: N/A 8. Description of the Project: See Section 2, Project Description 9. Surrounding Land Uses and Setting: See Section 2, Project Description 3 -1 20C -115 20C -116 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: CONTRACT AWARD TO WONDRIES FLEET GROUP FOR TWO ANIMAL CONTROL SERVICE TRUCKS (SPEC. NO. 16 -109) {STRATEGIC PLAN NO. 6,2) (SURPLUS ALLOCATION FUNDING) < �. CITY MANA ..R CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of purchase order to Wondries Fleet Group for the purchase of two animal control service trucks in an amount not to exceed $131,840 plus a contingency of $6,590 for a total amount of $138,430, subject to non - substantive changes approved by the City Manager and City Attorney. Project in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. Department: I Project: I Category Total Funding: Finance and Management Services Agency Vehicle Replacement Facilities /Assets I$1,300,000 DISCUSSION The Finance and Management Services Agency, Facilities, Fleet Maintenance and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The City's Vehicle Replacement Policy provides guidelines and criteria for determining when vehicles need replacement. This criteria includes vehicle age, mileage, maintenance costs, and safety history. As a result of reviewing the City's replacement criteria, two Animal Control Service vehicles purchased in 2005 with an average mileage of 139,700 miles have been identified for replacement. The Notice Inviting Bids was advertised on August 30, 2016, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 22 Vendors were notified 8 Vendors downloaded the bid packet 3 Bids received 0 Bid received from Santa Ana vendor 22A -1 Contract Award for Animal Service Trucks November 15, 2016 Page 2 The bids were opened on September 29, 2016 and evaluated (Exhibit 1). The bid received from Wondries Fleet Group is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, a five percent contingency has been included in the award amount. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective 2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $138,430 are available in FY 2016 -17 Council Special Projects- Finance Fleet Maintenance account (05010022- 66400). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency CL /sp Exhibit: 1. Abstract of Bids 22A -2 ABSTRACT OF BIDS ANIMAL CONTROL SERVICE TRUCKS (16 -1 Bidder Frontier Ford Reynolds Buick, Inc. Location Santa Clara Covina Terms 2% 25, net 30 2% 30 days Delivery 220 - 250 days 120 - 150 days Total Cost Per Vehicle $68,344.52 $70,574.68 EXHIBIT 1 22A -3 Wondries Fleet Group Alhambra Net 30 120 - 210 days $65,920.07 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: CONTRACT AWARD TO MIDWAY CITY FEED CO. FOR ZOO ANIMAL FOOD (SPEC 16 -119) (STRATEGIC PLAN NO. 2, 2) CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _• "• :I• ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2n® Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Midway City Feed Co. for the purchase of zoo animal food for the term beginning December 1, 2016 through November 30, 2017, in an amount not to exceed $35,000, with provision for four, one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Zoo at Prentice Park maintains an average of 250 animals, including birds, monkeys, a camel, and other exotic species with specific dietary needs. The superior health, husbandry, and welfare of the animals cared for in the zoo, is paramount. This is accomplished under the guidance of the professional animal care staff where diets are prepared and administered daily. The contract for animal food is designed to provide quality products at significant savings based on quantity pricing. The notice inviting bids was advertised on September 29, 2016 and offers were solicited. A summary of the bids and offers received is as follows: 8 Vendors were notified 3 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 1 Bids received Bids were opened on October 10, 2016, and evaluated. The bid received from Midway City Feed Co. is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #2 - Youth, Education, Recreation; Objective #2, (Expand youth programming); Strategy E (partner with outside agencies and secure funding to rehabilitate zoo exhibits and expand the Santa Ana Zoo). 2213-1 Contract Award for Animal Food November 15, 2016 Page 2 FISCAL IMPACT Funds are budgeted and available in Fiscal Year 2016 -17 Recreation and Community Services Santa Ana Zoo account (01113220- 63400). Subsequent yearly funding of $35,000 will be budgeted and made available, if the renewal option is exercised as follows: CONTRACT YEAR FISCAL YEAR MONTHS AMOUNT 2016-2017 December -June $20,000 2017-2018 July - November $15,000 RENEWAL PERIOD FISCAL YEAR MONTHS AMOUNT 2017-2018 December - June $20,000 2018-2019 July - June $35,000 2019-2020 July - June $35,000 2020-2021 Jul - June $35,000 2021 -2022 July - November $15,000 .z,,,.. Gerardo Mouet Executive Director Parks, Rec. & Community Services Agency EG /EF APPROVED AS TO FUNDS AND ACCOUNTS: r Francisco Gutierrez Executive Director Finance and Management Services Agency 22B-2 Wei mkz RIM CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: APPROVE CONTINGENCY INCREASE FOR THE BRISTOL STREET WATER MAIN REPLACEMENT: ALTON TO WARNER PROJECT (PROJECT NO. 146439) {STRATEGIC PLAN NO. 6, 1C} w CITY IMANAGRR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2°' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a revised Project Cost Analysis for the Bristol Street Water Main Replacement -Alton Street to Warner project, that reduces administration, testing, and inspection costs by $120,000; and increases the contingency by the same amount from $375,673 to $495,673; resulting in a net zero change in the original approved construction delivery cost of $3,255,800. DISCUSSION On October 6, 2015, City Council awarded a contract to Vido Artukovich & Son, Inc., in the amount of $2,504,490 with a contractual contingency of $375,673. Adding other ancillary costs for contract administration, inspection, and testing resulted in an approved total delivery cost of $3,255,800. The contract is to install a new water main along Bristol Street between Warner Avenue and Alton Avenue as a replacement for the old main that is no longer reliable (Exhibit 1). The recommended action will allow the project to be completed within the original Council approved total delivery cost of $3,255,800. Council approval is required to reallocate funds between a project's authorized expenditure categories. The existing roadway is in far to poor condition. The existing contract only includes resurfacing the street where the water main trench and water service laterals were installed. The paving cost for the project is approximately $70,000. Due to unforeseen conditions in the project area, staff investigated the opportunity to resurface the entire street over the entire project limits and received a quote of $230,000 for that work. Overall, the project has already experienced cost savings totaling $120,000, which was budgeted for contract administration, inspection, testing, and construction survey staking. When combined with $40,000 in unspent authorized contingency and the $70,000 credit for the trench work in the 23A -1 Approve Contingency Increase for Bristol Street Water Main Replacement Project November 15, 2016 Page 2 existing contract, there is sufficient funding available to cover the $230,000 for the proposed full - width paving. As a result, the City has the opportunity to resurface the entire street along the entire project limits without increasing the previously approved total project delivery cost. Performing the proposed resurfacing of the entire street under this contract would significantly improve ride - ability, prevent deterioration, and save the City from experiencing the major costs of reconstructing the street in the future. Should the improvements be deferred, the cost would be much higher, since the street will rapidly deteriorate from this point forward. The cost to reconstruct this section of Bristol would be in excess of $2 million. Therefore, staff recommends using the project cost savings to resurface the entire street along the entire project limits. As indicated in the revised Cost Analysis (Exhibit 2), the total construction delivery cost would remain unchanged. The $120,000 originally allocated for contract administration, inspection, testing, and construction survey staking would be reallocated to construction contingency. In addition, the staff proposal would also allow the roadway striping to be completed in accordance with upcoming bicycle lanes planned on Bristol Street. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2015 -8 was filed for these projects. FISCAL IMPACT There is no net change to the Project Cost Analysis and with this action. d � Freck Mousavi our Executive Director Public Works Agency FM /EWG/TC /MO Exhibits: 1. Location Map 2. Revised Cost Analysis 23A -2 therefore, no fiscal impact associated NOT TO SCALE EXHIBIT 1 1 SANTA ANA GpTop F Titled BRISTOL ST P� WA NnAAGSENDA sT�ls WATER MAIN IMPROVEMENTS r wPROJwECT 14 -6439 `PUALC WORKS A,fNCY 2 ) Q _ ) fir` 23A -4 COST ANALYSIS CONSTRUCTION OF BRISTOL STREET WATER MAIN IMPROVEMENTS ALTON AVENUE TO WARNER AVENUE Project Cost Analysis Approved 10/20/2015 Net Change Recommended 11/15/2016 Construction Contract $2,504,490 $0 $2,504,490 Contract Administration $137,746 - $40,000 $97,746 Inspection and Testing $187,802 - $60,000 $127,802 Construction Survey Staking $50,089 - $20,000 $30,089 Contingencies 15% $375,673 +$120,000 19.8% $495,673 TOTAL ESTIMATED CONSTRUCTION $3,255,800 $0 $3,255,800 EXHIBIT 2 23A -5 23A -6 • MOM CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: AWARD CONTRACT TO EXCEL PAVING COMPANY FOR CONSTRUCTION OF THE GRANT - FUNDED BISHOP- PACIFIC- SHELTON BICYCLE BOULEVARDS (PROJECT NO. 156848) {STRATEGIC PLAN NOS. 6, 1B & 1G} / p- l CITY NAGER 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. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract with Excel Paving Company, the lowest responsible bidder, in accordance with the base bid in the amount of $876,111, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Bishop - Pacific- Shelton Bike Boulevards project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,095,140, which includes the construction contract, administration, inspection and testing, and $87,612 contingency. DISCUSSION Improving safety for bicyclists and pedestrians has been a primary concern of the City. These types of projects are also in line with a national trend toward Active Transportation Programs (ATP). The City has identified a number of projects which could qualify for ATP grant funding when it becomes available. The Bishop- Pacific - Shelton Bike Boulevards project is one that has been awarded grant funding. The project will install Class III bicycle lanes on Bishop/Willits Street from Raitt Street to Flower Street; on Pacific Avenue from McFadden Avenue to 1 st Street; and on Shelton Street from McFadden Avenue to 1st Street (Exhibit 1). The bicycle lanes will include traffic circles, bulb outs, signage, striping, and bicycle detection. These bicycle route improvements are characteristic of "bicycle boulevards" and serve to reduce the speed of vehicular traffic, increasing awareness of shared use by bicycles on these roads. Upon completion, this project will benefit the community by enhancing the safety of all roadway users. 23B -1 Award Construction Contract for Bishop- Pacific - Shelton Bicycle Boulevards November 15, 2016 Page 2 A Notice Inviting Bids was advertised on August 23 and 29, 2016, and bids were opened on September 18, 2016. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 16 Contractors requesting bidding documents 6 Bids received 2 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Excel Paving Company Long Beach $876,111 2 EBS General Engineering, Inc. Corona $1,027,760 A total of two bids were received and both were considered responsive. Excel Paving Company submitted the lowest responsive bid in the amount of $876,111 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Excel Paving Company, in the amount of $876,111 (Exhibit 3). 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 (e.g., neighborhood streets, traffic improvements, bike master plan, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2014 -111 was filed for these projects. 23B -2 Award Construction Contract for Bishop- Pacific - Shelton Bicycle Boulevards November 15, 2016 Page 3 FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $1,095,140, which includes construction, contract administration, inspection, testing, surveying and contingencies. Funds in the am Transportation Program (ATP) Fund (Account $215,140 in the Measure M2 Local Fair Share 156848) for expenditure in Fiscal Year 2016 -17. dL�:-' r Mo savipour Executive Director Public Works Agency FM /EWG/TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis ount of $880,000 are budgeted in the Active No. 14817613 -66220 Project 156848) and Fund (Account No. 03217662- 66220, Project APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23B -3 23B -4 Is ".., h,6iv 6 K 0 O co w w SY �Z U0 WJ p� a Kw6 6 W O Q a o. p z m 0 Z ww C7� IJ OQ j U" "� �d Lu o� WO w a�n�4 PWEW CITY OF SANTA ANA Exhibit 2 PROPOSAL, PROJECT NO.: 15 -6848 BISHOP- PACIFIC- SHELTON BIKE BLVDS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 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 famish 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 Price Amount 1 Unclassified Excavation* CY 1,350 $-i, 2 AC Pavement* TN 1,'100 $ $ ` 1)• r 3 Crusbed Miscellaneous Base (CMB)* 'IN 36 $ $ 4 Construct PCC Sidewalk ('i' =4 ")* SF 13,000 $ $ 5 Construct PCC Curb Ramp* SF 4,200 $ $ 6 Construct PCC Driveway (1' =6 ")* SF 310 $ ` $ 7 Construct PCC Curb only (B -I )* LF 300 $ a 13 8 Construct Curb and Gutter * LF 2,000 9 Construct PCC. Modified Curb(Traffc SF 1,900 $ $ Circle)* D-6.(42 -0 t� 10 Construct Color Stamped Concrete SF 1,800 $ �� $9�(p(` including rebar (T =10" )* y ry M = 11 Construct PCC Cross Gutter (Local)* SF 1,200 $ $ 12 Adjust Manhole Frame and Cover to Grade EA 7 $ $ 13 Adjust Water Valve Frame and Cover to EA 9 $ $ Grade 715, `1 1C,L�.'"'. P -1 of P-18 23B -7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP- PACIFIC - SHELTON BIDE BLVDS Item Description Qty Unit Unit Price Amonnt 14 Adjust Survey Monument to Grade EA 2 $ $ 7,- b17U.' 15 Finnish and Install New Fire Hydrant EA 4 $ $ 16 Furnish and Install Water Valve Frame and 'EA 1 $ $ Cover to Glade 17 Abandon Water Valve EA 2 $ $ 1 31P GO, 18 Furnish and Install New Water Meter Box EA 5 $ $ and Cover to Grade u7c) 19 Furnish and Install 12" Gate Valve EA 2 $ $ l] cc 20 Finnish and Install 8" Gate Valve EA 1 $ $ r 21 Furnish and Install 6" Gate Valve EA 1 $ $ 22 Remove Fire Hydrant and Assembly EA 4 $ra $ 23 Furnish and Install Rock Swale` SF 250 $ $ r 24 Landscaping LS 1� $ $ 0 r 100 -" _ 25 60 Working Days landscaping LS I $ $ Maintenance G 7 O — ) 26 Furnish and Install Organic Soil" CY 62 $ $ 212 27 Signing and Striping LS 1 $ $ 0OO.- 0 lX>0. 28 Project Advertisement Sign EA 2 $ $ 29 Construct Concrete Collar EA 1 $ $ 1-0.' I I 10. 30 Furnish and Install Reinforced Concrete LF 20 $ $ Pipe(12 "Diameter) ( aq- 3060, P -2 of P -I8 23B -8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP- PACIFIC-SHELTON BIKE BLVDS Item Description Qty Unit Unit Price Amount 31 Construct Type `B" Catch Basin (L=7') EA 1 $ $ including Local Depression „r ( 32 Remove Interfering AC Pipe and Replace LF 20 $ $ with PVC Pipe complete in Place PA � , ?i bo TOTAL BASE BID $ r `� ADD ALTERNATIVE ONE 33 Unclassified Excavation* CX 75 $ $ 34 Construct PCC Sidewalk (T=4")* SF 225 $ $ 35 Construct PCC Curb Ramp* SF 960 $ $ `C7• � tii�. 36 Construct PCC Curb only (B -I)* _ .LI' ___ 265 $ $ M010, '_ 37 Decomposed Granite with Stabilizer* SF 2,100 $ $ 38 Furnish and install Rock Boulder LS 1 $ $ LO—(- LIM t 39 Landscaping I'S 1 $ $ 40 60 Working Days Landscaping is 1 $ $ Maintenance TOTAL ADD ALTERNATIVE ONE TOTAL BASE BID +ADD ALTERNATIVE. ONE $ 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. 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 80 working days after the commencement date stated in the Notice to Proceed. Contractor shall stagger the intersection improvement work to be in multiple phases. 23FIP98 CITE' OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP- PACIFIC- SHELTON BIKE BLVDS Once the phase work is completed the landscaping maintenance period shall start. The contractor shall order any material in the contract documents requiring a long lead -time immediately after the award of the contract. The lead -time for these items is included in the total working days. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $1,750 per calendar day. PW INCMA Name of Firm EXCE1 PAYNG COEPAW Signature of BIDDER Title C. P.2 ROW N,PF$FfnYkJUNT (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.) P -4 of P -18 23B -10 CALWOMIA ALL4101)M086 ACMOWLBtifiNSW CML OODE 1 1199 A notary public or other off o r completing this certificate verifies only the identity of ft Ind'mdud who signed the domont to which this Certificate Is ettadred, and not the trrrtlNulness, amnW,, or validity of #w tI oument. State of caiifornia County of Los Aneeles On SEP _ 8 2016 bel ore me, C. Phillips, Notary Public Date Here insert Nome and Title of Me Officer personally appeared C. P. Brown Name(q) ofSigner(a) who proved to me on the basis of satisfactory evidence• to be the person(* whose names) isAM subscribed to the within instrument and acknowledged to me that hsAhaflbsy executed the same in hl authorikked capeelty(les), and that by hlslift isir signature(a) on the instrument the person(s), or the entity itpon behalf of which the person(s) acted, executed the instrument, ..... PS C4MM it�.99C�177 ^ E37 tary Putrllc- Callfs�rS ANGFI C:S CGUNy Comm, [x0iras Oct4?9, Place Notary Seal Above I certify, under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Sig a re of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signers) Document Date: Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name: ❑ Corporate Officer -r Trtie(s) • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator F1 Other. Signer Is Representing:— Signer's Name: • Corporate Officer -- TRie(a): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other. - - - -._— Signer Is Representing: 02014 National Notary Association , www.NationaiNotary.org • 1- 800 -US NOTARY (1. 000 - 876.6627) Item #8907 23B -11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP- PACIFIC- SHELTON BIDE BLVDS 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 fmrther 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 Signature of BIJ 'title (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) P -5 of P -18 23B -12 CITY OF SANTA ANA PROPOSAL PROTECT NO.: 15 -6848 BISHOP - PACIFIC- SHELTON BIKE BLVDS 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: P.AllL19 PC, Mile U EL PAS CDMFPW 2"'d'tj 150nim j E, >: Business Address: UA!4 BEAU, f,1, S Business E -Mail Address: Telephone: 1562i 599.58k1 State Contractor's License No. and Class: STATE HC_ fittHS9-4� License Expiration Date: 5 bsk-lute State Dept. of Industrial Relations (DIR) Registration No.: I State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: P -6 of P -1.8 23B -13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP - PACIFIC- SHELTON BIKE BLVDS 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 patties 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 certifrMAb regoing is true and correct. Name of Firm MEL MA NG COMPAMY Signature of BIDDER, i u Title C. F 00a ERESIDEN1 (if an individual, so state) P -7 of P -18 23B -14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP- PACIFIC- SHEL"I'ON BIKE BLVDS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS- CITY OF SANTA ANA ) 00MM. 0,1996171 C. Po 8P'0"N ...._......._.._..._.._.._.._ .._ , 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: k 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. LJ CORPORATION That le is of: PREMENT a corporation which is making the foregoing proposal: © JOINT VENTURE That he is of: one of (lie parties making the foregoing proposal as a joint venture, and the lielshe 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. Signature of Bidder Subscribed and sworn to before me this day of a,- nn r 20 1 Signature of offi t Administering Oath (Notary Public) P -8 of P -18 23B -15 . PHICUP8 00MM. 0,1996171 N Notary Publiccolifornlo tk ^ k " LOS AN01M.C5 COUNTY My Comm. Rates bet. 29.2019 k P -8 of P -18 23B -15 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP- PACIFIC- SHELTON BIKE BLVDS LIST OF SUB - CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: ' /z% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: '' /i% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License DIR Reg Location Phone Type Of Amount Name ui I Q License #/Exp. DIR Reg. # /Exp, License # �4 Location Phone 1V� Type Of Work Amount $ Name License # Exp. DIR Reg. # /Exp. License # Location Phone �' Type Of Work Amount $ G i Name License # /Exp. DIR Reg.# /Exp. Location Phone Type Of Work Amount $ Name License # /Exp. DIR Reg. # /Exp. License # Phone _ Type Of Work Amount $ Name License 4/Exp. DIR Reg. # /Exp. License # Phone _ Type Of Work Amount $ (11',L ur> G, F. %WNN Signature of Bidder PHES1>7EMT P -10 of P -18 23B -16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP- PACIFIC- SHELTON :BIKE BLVDS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past tln ee years. Nai-de and Teleplmome Nmummber of perso Yamiliar wi lm project. 06.1`\ 1. 10 VA' ,_ (: �✓ ve Contract Amount Type of Work Date Completed z. i a ?J83M QAU&qvv V Name and Address of owner, "Mi ld '6) A -A,2. -1t►O Name and Te�epho-ne N ber of ers farm 'a with prrojegt. III t `L UJ Contract Amount Type of W Date Completed 3. 6 (A13 U Na e and address of own em4 < a AIJA- _ Ile' 613. Pj ur Ma—me and Telephone Number of person f miliar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. !'a g V D s `J P -'11 of P-18 23B -17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP- PACIFIC - SHELTON BIKE BLVDS ADDITIONAL REFERENCES Mf ATTAcmv) The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar improvement work in the past 5 years. 1. 2. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount and Address of owner. Type of Work Name and Telephone Nrunber of person familiar with project. Contract Amount 3. Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. E ATTACHED P -12 of P -18 23B -18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP - PACIFIC- SHELTON BIKE BLVDS NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collision Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of nofalifornia Couty Subscribed and sworn to (or affirmed) before me on this _ day of 20_, by _, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal P -13 ofP -18 23B -19 CAUFOMIA ALL - PURPOSE ACKNOWLEDGMENT C1V11. CODE § 1189 A ublic o r other offm aNTIMP19 this oerdfigte verifies only the Ida * of the InSw dual who signed the to which this moricate is atta w, and not the truthfulness soauracy, or valwityof dra docturmt. State of California County of Los Angeles On-2-!; it, 2Qi _ —before Me, C. Phillips, Notary Public Date Here Insert Name and Me of Vie Officer personally appeared C. P. Brown _ Names) of Signer(s) who proved to me on the basis of satisfactory evidence. to be the person(s) whose names; Islam subscribed to the within Instrument and acknowledged to me that halsba ey executed the same in hiss authorized capacity(les), and that by hisAttabuir signature(s) on the instrument the person(s), or the entity flptln behalf of which the person(s) acted, executed the Instrument, C. PIiILLlPS CON1M. tlF_l.J5Gl1i iS,��•' Noti]ry PUlfllc C.alifpmia p, ..t� L052NGEL[:5 COUNTY My Comm. L'xBueq Oct29, 291GiS I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature . (A 119 1" re of Notary Public Place Notary Seal Above OP77ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages:.., Signers) Other Than Named Above: -- CapacMes) Claimed by Signer(s)' Signer's Name: • Corporate Officer - Trties): • Partner — Gl Limited © General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator n Other. Signer Is Representing Signer's.Name: O Corporate Officer - Tftle(s): © Partner — ❑ Limned ❑ General • Individual 0 Attorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer is Representing: a(_ ..Y'P!..,/:- e•:i.: ,. ....... . 5 f f.un• 0 : .1'00'00 . 0( m-i y.n 23B -20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP - PACIFIC - SHELTON BIDE BLVDS NON- DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contactor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for farther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -14 of P -18 23B -21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP- PACIFIC- SHELTON BIDE BLVDS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such' litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: "P' MMN, PRESIDENT c'1 r,'sa lltttN ,y . n Fit7n; Date: iFP i Nib P -15 of P-18 23B -22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP - PACIFIC- SHELTON 131KE BLVDS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed:` C, P. hF,OWN, PHSI0t:N't Title: PAM Ww"Ift Firm: PLcAMNK �°.�tist6's fv Date: P -16 of P -18 23B -23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP- PACIFIC- SHELTON BIKE BLVDS STATEMENT REGARDING "ANTI - KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for 'performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti - Kickback" Act (I8 USC 74) as supplemented in the Department of Labor regulations (24 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: e-"P, fSBfJM",r11'1G`ni glli Firm: ;".Xi: l> Date: ,41 _ sI 2n1& P -17 of 11-18 23B -24 CITY OF SANTA ANA PROPOSAL PROTECT NO.: 15 -6848 BISHOP - PACIFIC- SHELTON BIKE BLVDS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No V/ If the answer is yes, explain the circumstances in the following space. P -18 of P -18 23B -25 CITY OF SAN'T'A ANA PROPOSAL PROJECT NO.: 15 -6848 BISHOP- PACIFIC- SHELTON BIKE BLVDS BID BOND 1 <Ni7W ALL PRESENT that, PALP Inccdba Excel Paving, Company _ , as BIDDER, and Federal Insurance Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sutra of_ Tan percent of the total amount of the bitl Dollars (S 10 % ), whieb 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 OP TIIIS OBLIGATION ARE SUCH that, whereat) BIDDFV. is ahem to ,u6reit a hid to AGENCY }br tho above ntatod project, if said bid is rejected, or if avid hid i.s 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, othettivise 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 sea] this 5th day of.- September 2016. BIDDER"' PALP Inc. dba Excel Paving Company 2230 Lemon Avenue, Long Beach, CA 90808 SURETY* 908 -903 -2000 Douglas A. app, Attorney in Fact 9ubscri�s d and sworn to before me 20 —. Signature: Notary Public in and for the County of State of this day of * provide BIDDER/ SUP.ETY name, address, and telephone number and thr, name, title, address, and telephone number of authorized representative. P -9 of P -18 23B -26 ACKNOWLEDGMENT 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 Orange On September 05, 2016 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(7) whose name(s) is /ere subscribed to the within instrument and acknowledged to me that he#-4 eL ey executed the same in his /44• authorized capacity(iee), and that by his,'HerAhel signature(* on the instrument the person*, or the entity upon behalf of which the person(4) 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, pp�or >Ht, t)EF3r4A 5WAN9oN WITNESS my hand and official seal. a, , CoMM, # 1997119 R NOrARYPlI6LIGGALIPDRNIA� °ar :� MY COMM, �i(p, NOV 9Q 2Qt8 Signature (Seal) 23B -27 Chubb 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 Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California— each as their true and lawful Attorney- in- Fact to execute undorauch designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, 'sands and undertakings and Other writings Obligatory In the nature thereof (other than bail bonds) given or executed In the course of buainom, and any Instruments amending or altering thesame, and consents to the modification or alteration of any Instrument referred to In said bonds or obligations, In Witnaaa Whereof, sold FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 20111. Kenneth C. Wends, As6istont Secretary . Norris, Jr„ Vice Prssident STATE OF NEW JERSEY as County Of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being oy me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals aff erd 10 the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed sell Power of Attorney as Assistant Secretary of asid Companies by like authority; and that he Is acquainted With David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B, Norris, Jr., subscribed to said Power of Attorney Is in the genuine handwriting of David B, Norris, Jr, and was thereto subscribed by authority of said Ry- Laws and in deponent's presence. Notarial seal KATHERINE 1, ADELAAR �� SPhY NOTARY PUSUC OF NEW 1FkSFy 0 a Nr,2316665°�t --- �p'BV�Cs C4nlfnil"401l Efipire JUly 16, 2014 e-efl — ey Notary Public y�vd J�P CERTIFICATION Exhootfrom the By Lows of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "Ali powers of altomoyfor and on behalf of the Company may and shall be executed in the name and on behalf of the Company, stuffier by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under ill respective dealgnatlons, The signature of Such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chalnman, President, any Vim President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys- in- Fact for purposes onlyof executing and attesting bonds and undertakings and other Writings obligatory In the nature thereof, and any such power of attorney or cartfieate bearing soon facsimile signature of facs rrale seal shall be valid and and ng upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any band or undertaking to which it Is attached.' I, Kenneth C, Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies) do hereby coniry, that (p the foregoing sa t of the By- Laws of the Companies Is true and correct, (ill the Companies Oro duly licensed and authorized to transact surety business In all 60 of the United States of America and the District of Columbia and are authorizeo by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rim and the U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney Is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 5TH day of SEPTEMBER, 2016 �pURA!!�, yon J.9UW+ CPt, a el MOrANP .6�` �WPW ydF't'4 e,e /.Y., ��...6, /✓ImrcZ� = �7�Le� Kenneth C. We el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRE8S LISTED ABOVE, OR BY Telephone (9oa) 903-3493 Fax(908)9133-3656 e-mail: suretyQchubb.bom Form 15 -10- 0228B- U (Ed. 5.03) CONSENT 23B -28 CALIFORNIA ALL4n AP0$E ACKNOMIMMENT CML CODE ¢ 1189 A notary Oft or other officer completing this =11110ste vertrw only the Identity of the fnc MUal who signed the documentto which this certificate Is ettadred, and notthe tMMulness, amnoy, or validityofthetdocument. State of Caifomla ) CouMyof Los Angeles ) On T' -r? , o ul before me, C. Phillips, Notary Public Date Here Insert AWw and 77119 of Me ofllcer personally appeared C. P. Brown Nam*) of8tgner(s) who proved to me on the basis of satisfactory evidence- to be the person(* whose names) ishlw subscribed to the within instrument and acknowledged to me that hefshafty executed the same in hi authoiited capacity(ies), and that by his/AbR rsignature(s) on the instrument the person(a), or the entity Mm behaif of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forsgoing paragraph Is true and correct. G nwLIJPS WITNESS my hand and official seal. . rmAMngsgC177 �qa N ;�" ,L' }vw, NdlilYy PUb1i0•C%alliU[nln re LOS ANGELES COUNTY 0. Sl natur$ My Comm. Expires Od. 20,2016 g ' —= • --- Srgn t of Nofary Public Place Notary Seal Above OPTIONAL Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description otAttached Document Title or Type of Document: ,__,.^..- Number of Pages: Signers) Document Date: Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate officer Tities): [I Partner — ❑ Umtted ❑ General • Individual ❑ Attorney in Fact • Trustee ❑ Guerdlan or Conservator n other: Signer Is Representing:— Signer's.Name: C7 Corporate Officer - T@le(s): -- ❑ Partner — 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 02014 National Notary Assoalatlon - www.Nationa]Notary.org -1- 800 -US NOTARY (1. 800 - 876.6927} Item #5907 23B -29 14 11YCi. utsA LANG BEACH �: BOX 1N, g EXCEL PAVING COMPANY (x-62) y.�41 A G84ERAL ENGINEEEWG CON'1`f�gCTCilt lrAlC (502). 691.1165 STATE LICENSE NQ 6980b9A A kESOLU` TOR DECLARING OFFICERS .OF PALP; INC' DBA EXCEL PAVING: Coh4i'AtVY ` The undersigned, Curtis P. Brown, as the sole sh"'Olde and the solo member of The Board ofDirectors of PALP; W.'i a Corporation o*nbmd'wWq Tlie Ueneral Corporation Law ofCalifbrnin,' does by this written consent take the fallowing, action and• adopt the following resolutions., Resolved, the following Officers ofthe Corporation are hereby ereby el to serve in the offices set forth after their respective names effective as o166duian hereof with their respective terns to continue until their successors are duly elected and qualified; Curtis P. Brown, Jr. President and Chieflixecutive Officer Curtis P. Brown III Vice President and ,Chief Operating.Officer Bruce E, Flatt Vice Ptesid'ent and Chief Financial Officer Marcia S. Miller Secretary Michele E. Drakulich Assistant Secretary The consent is executed pursuant to Section 307(B) and 603 of the Corporations Code of the State of California and the By Lawi of this Corporation, which authorize the taking of action by The Board of Directors and Shareholders by unanimous consent without a meeting. Dated, May 13, 2013 i Curtis Jr. - S..hareh ,der And Sole Director au b bonding Aont: 4p "P S ifety "Services 120 Vantis Ave, Suite 300 A1iso Viejo; Ca 920.56 ofio-e: (94:9) 340 -6770 Fax: (9:49) 540 -6771 COnt�G'dt ' . DW4168 A. Rapp Surety: Fedaml Insurance corn ny GC1 Swnety.pMieegnepvt �!p' 'P�i11eroa' f3traet 23 Fbear Loa An obs CA 80017 P.O..f k 3D127 Los A% do) ' a CA 90030'0127 Insurance Cenier: T46 W0006fr Oolnpany Orm Pork Plaza Butte 400 IrVlrla CA 82814 Contact Wlulam wooditol omoe; (940) 863.9800 Fax: (849) 53.0870 23B -32 0 I PREYIQI)S JOB U-1.1-AENCES #3 Contractor's Name: Up Ine. DBA Excel Paving.,Co, Project Name: Unto. Mon1ca:Tr;nsft Parkway Project Project Description: Underground,, .., Retaining Wails; R-Wy- On Rain p t, 4/6 Pave, Sidewalk, Curb & Gutter, Signalization, Landscaping, 81bft Drain ImPvts. Sewer, Water And Retaining Wall Location., Pidun 405 FwY. To Beverly Hills City Limit Los. Angeles Constructioli Value: $34,455,152.00, Date Of Completion: 11105 General Contractor 6&rmation: Palp Inc. DBA Ex . cel Paving Company Contact: Bruce Flatt. Phone: 562/599-5941 Fax: 562/5914485 Owner Information: City of Los Angeles Contact: Carl Nelson Phone: 213/485-4474 Fax: 213/495-4836 23B-33 Contractor's Name: Project Name: Project Description: " PREV10t.JS.RM ItI:I1 d21,NC ES NHS. Palp Inc. b 9 A Excel Paving Ci). Phase•3 Container Yard Expansion, Pier T Containee• Yard harking Lot (Expansion, Storm Drain ImpV, ts.'Sewer and`Water Location: Pier T, Long Beach, CA Construction Value: $21,703,834.00 Date of Completion: 10107 Gencral Contractor Information: . Falp Inc. DBA Excel Raving Company Contact: Bruce F1att Phone: 562/599 -5841 Fax: 562/591 -7485 Owner Information: Contact: Phone: Fax: The Port of Long Beach Gary Cardemone 562/590 -4172 562/901 -1732 23B -34 Contractor's Name: Project Name: Profit .t Description:; PR! V'IOIJS JOB REPRE.NCGS #7 Palo Inc. DOA Excel Paving co, Highland Avenue Widening hedesign bf, Highland Ave. and adjacent Streets, And .Storm Drain Impvts. Location: Highland Ave. (a Franklin Ave., City .of Los :Ange,les Construttion Value: $2,X54,8$9.00 Date of Completion: 11109 General Conttaotor Information; . Palo Ina. 6 6 Lxcel Paving Company . Contact: Bruce Flat( Phone: 562/599 -5841 Fax., $62/591 -7485 Owner information: City of tos Angeles Contact: Steve Chen Phone: 213/485 -4516 Fax: 213/485 -4838 23B -35 EXCEL JOb 1/4703 pyrr)let'tFame: NORTH Alli'CARRIER:RMIP` Location: LONG BEACH Ai"ORC CrTF OF LONG :BEACH t,)tPnef' < "onlacl OlAnre and current pBone number): JEFCREY & SEDLAK 562/570 -2623 Areltiteet or Engineer: Architect or Engineer Contact (name and,current phone number): f- onstruction Manager(riame and current phone number); JFFRE .. EDLAK .Sfi:2/570 -2623 I)escription of Project, Scope Of Work Performed, IO;N_.. OU.AL AND REPLACEMENT OF CONCH mE AND A$kiiAL,T,R Total Value o. fConstrucHon (including Change orders): $5,490,564.00 Original Scheduled Completion hate: ti /2011 x'irne.) xtensions Granted (nnuiber of days): N/A Abtual Date of Corupletion: 11/2011 23B -36 EXCEL JOB 114713 I'ruiclelNnnrc: SPEC. l oS';rtiuti: GLECTRIC AVE, CITX OF SEAL BEACHT tl"nr'r; CITY OF SEAL BEACH OWticr Ctimart ("Ante and current plroee number); 133.1 :11 °C11ltliet Ot" 1:.71 LIn15Ar! e.. Architect <ir 1' rl'9ineer Contact (nhitle, and, cot-rent phone humberl: — �- _..11Q8GflN YTNG 949/75 �aaa (:onstruetl'on Manager (na.me and current phone number).: 1)AWIU PIT2 562/G31- 25.27, EXT:..1331 Description of Project, Scope of FVork Porfornted; STORM DRAIN 1 ,.113 LEI 66'x. RCP, 1N STREET .14161 )faiue ofCons(ructiort (itxciudiragchAngeorders ):_$1068,473.00 t;)i "igino-il Scheduled Conap4eti0n i7a'tc: JUNE 2011 Time 1$.stensipns (ranted (nutub r ofAnys) _N /A Al"Wal Date ofC:nrnpl 23B -37 EXCEL JOB #4668 Nrulc'Q( Fame: .OSO PARKWAY :STORM DRAIN I riotiuri:, OSO PARI(tiAY & COUNTRY CLI ORIVE� MISSION• VIEJO 1ir�uc'r: CITY OF MISSION VIE JO 0WIIar ('unlact (name :lid currehl phone number): RIbi SCHLE'SINCCR P, G. 949/470-30,79 Areliile(q ui.1�:nginecr: CITY OF MISSION VIEJO AS ABOVE archtrec't 1r L•:ngineer Contact (name and cu men rp.hOne number)c CITY OF MISSION VIEJO AS ARnVP C:onsrructiob : \-tanager (narne and current phone,number): CITY OF MISSION VIE,iO AS ABOVE. Description of Project, Scope of Work. Performed :. UPGRADE STORM DRAIN,SYSTEM_' UV INSTALLING A,PILLER ..1222 .S'.TORR DRAT'N T.aUi, .. . BOX INTO A `Dotal \'slue ()", Construction (including change orders):_ $994 199 nn Original Scheduled Completion Uate; DECEMBER 2011 4 ianc Uxtensinns Granted (number of days): NONE ,'lahrrd U'rltc of' f "umpletlonc NOVEMBER 2011 23B -38 E\CE], JOB „4798 STMET REHABILITATION 'PROJECT THOUSAND OAKS 1'rvliCet N'afnv: LAWRENCE DRIVE AND TELLER ROAD CI4202 BLVD. UMUSANILOAKS I.ui•tllii,n: flit rkq.; , _ CITI' OF THOUSANp OAKS, _ Chrner C'u.ntact. (nwne anti current phone.niimber): archititr,tna I ?n9inCer;_14ILLDAN ENGINEERiNr, Atcllitect or rfigineer Contact (11 "O and Cuirrent phone nu 6 Construction "anager (nanee and current phone number ); _. M7:K.F. kFfC4,no I)ese. riptioa of Project, Scope of Work Performed:. MAJOR, REMOVE REPLACEMENT OV ASFHAT,T tw mar -- %Ue UV 1;ttLAY 'COLD 'PLANE ,& COLD 'IN PLACE R$CXC�~�- ANI) TELLER A-U7 OVERLAP ING ON,LAWRE Total v AlueofConshvction (including change o,rders): $$3,053015.00 Original ScheduledCorupletion'Vate ;. .6/1/11 1 "irne [lsti +nsiuns Cra)Ited (number of dads) :. N/A Actu )I i)ate. of, C:irrnpletion: 5/19/1.1 23B -39 EXCEL J0li :1,, 751 Ph)ject !Fame: CEDAR SANA1 o1PPS11C IMPROVEMI Lu4': fiu44; LOS ANGELES, 7CA (Irvhor•: CEUAR SANAI (!rr'ner 0N40 (n,inuv and current pPi4ure number.); arebitc'ct in' I:n�tirrccr: PLANNING AS Archftcrt of I- ligineer Contact (name TOM $TCMNOCK 618, ATES, INC. current Phone nurnber): (construction ,manager (Warne and current hone nu,mbe — PATUdt.,.A„ .,,-,– .�____ p r); Ilescription of Project; Scope Or Wor!< Performed: - -_. Rt¢rnMQTUn rTT.,., . - ...,._.....:_. AND i "ofal 4�afric nfC ".onstrucfion (incl'udingchgtigehtdecs): $1,100,000.00 Orighlaischeduled Completion Clate:. 61201.1 1,'iinc L'.rterisinrrs (rsirrted (uultlbel• or(Iays); N/A Acklal. Date or ('.orupletion: 6/2011 23B -40 1r:10EI- JOB 114676 r,l TRACLS IU7i108 '�1J 6 124 IMPROVEMENTS' HOBART YARLI.i .nRNON, GA flrgrn'r2 13NSi' kAILldA1' r ht �rer.'('un(ac( tnaiure and curren( Irhorrc rivarl)er); 0., .90`, 841 -004.0 :lrchi(ce`( ur I•:nkinecr. WILSON, & . CilpfPANY AtelulcCl or Cngineer G;odtu'cY (raahie'and current f 909 806 -8000 p ne nunrber): C?onstcnctian Aianager (nanse and curre •L nt phone nuwber): KRYIM 909/806 -8000 Description ofpeojec(, Se6pe of 6rk Performed: . REAt01rAL AND REPLACEMENT 00:'A MALT .AND. CONCRETE INSTALLATION OF NEW UT.ILI1'IE,S , st Co( ti1 'a7.neuir Conr uct ialr(iireiudin change orders): $916+70.00 01'iguta[ fic;lieduied Coittpletiori hate: 9109 7`ilne Lsreitsiuns i;ranted (nttniberttfllrf,ysj: N/A li foal I)xte ol'<:ony5letfou; 9109 r 23B -41 5187 NB BEACH BL IMPRV:HUNTNGTN BCH JOITY OF HUNTINGTON BEACH 173,761 0,6°/ 172703 5188 SAFE RTE TO SCHOOLLA PUENTE CITY OF LA PUENTE 388,747 1002 ° /a 5189 PIONEERNELAMOGRINDIPV:LKWO _ CHARLES KING COMPANY 17,514 100.0% 5190 TRENCH PATCH -KING AVE,MAYWOOD TAFTELECFRIC 120,697 99.-60%% _ -58-6 5191 ST IMPRV LQMITA/HAWTHRN:TORRAN MSL ELECTRIC 166,248 110.5% 5192 TRENCH PATCH SEAL BCH BL;S BCH HELIX ELECTRIC 16,643 100.0% 5193 GALE AVE IMPROV:C /O INDUSTRY CITY OF INDUSTRY 362,616 100.0 %0 5194 AC PATCH GRAND AV PARCL M:L.A. CHARLES PANKOW BUILDERS. 36,416 - 100,0% 5195 SEALISTRIPE LOT MAIN JOC:S ANA COUNTY OF ORANGE&PW 24,944 100.0% 5196 AC VARIOUS 2401 PCH:LONG BEACH CAL - CARTAGE - 27,750 160.3 °� _ 5197 2012-'13 ST REHAB:LAGUNA BCH CITY OF LAGUNA BEACH 1,133,470 100.0% $198 AC GRIND/PAVE- PAC /PCH:LONG BCH _ CHARLES KING COMPANY _ 36,600 .100.0% 5199 AC GRINDIPAVE 6 &NIARINA:8EAL BC CHARLES KING COMPANY 13,495 100.0% 52p0 COLUMBIA- SUNSETlGOWER IM_PR:L.A HATHAWAY DIN ID CONSTRUCTIC 1,952,558 50.9_% 959,458 5201 MAIN ST PKG LOTS:SANTA MONICA CITY OF SANTA MONICA 203,084 101 5% 0 GRIND /PAVE WASH /IND:VERNON BURLINGTON NORTHERN SANTA FE _ 126,652 99.4 °k_ 766 _ _5202 62D3 URBAN RUNOFF GAVIOTA:LAG BCH- CITY OF LAGUNA BEACH 176,011 97.8% 3,803 5204 HERON_D_OIHARBOR IMPRV:RED BCH CITY OF REDONDO BEACH 4,890,000 104.6% 5205 GRIND /PAVELOMITABL:TORRANCE GAUDENTI &SONS CORP. 271,431 100.0% 5207 GRIND /OVERLAY PKG LOT:VERNON BURLINGTON NORTHERN SANTA FE 253,854 100.0 °k 6206 _ HERBERT EYE INST LOT:IRVINE _ REGENTS OF U.C. IRVINE 471,774 100.4 °h 5209 PCC PATCH- ATLANTIO AVLONG BCH ADVANCED MECHANICAL 1,440 100.0% 728_ 5210 GRIND /PAVE•EDISONAVE:LONG BCH JAPLACEKCONSTRUCTION 31,050 100.0% 5211 - CRAFTON COLLEGE CNTR:YUCAIPA BERNARDS BUILDERS 64,375 0.2% 64,247 5212 AC PAVE SHEILA ST:COMMERCE BURLINGTON NORTHERN SANTA FE 78,950 100,0°% 5214 _ LFT TURN LANE ALTONIHAR:IRVINE _ CITY OF IRVINE 216,974 100,0% 5215 AC PATCH PARKRIDGE AVE:NORCO DARCO ENGINEERING 18,006 100,0% 5216 NEW WATER LINE- TEMPLE:LONG BCH BITECH CONSTRUCTION 212,300 99.9 ° °% 176 5217 MAPLE BIKE TR ENHAN:SANTA ANA SANTA ANA, CITY OF 256,600 100.0% 120 5218 ROSECRANS SLOPE STAB;BELLFLOWR CITY OF BELLFLOWER 168,863 107.9% 5219 IST. WIDENING- FIRESTONE:DOWNEY ANDREWS RANCHO DEL NORTE 471,750 51.9% 226,820 5220 1 NEW PKG LOT-BEVERLY DR:SEV HIL WILCOX CONSTRUCTION INC. 26,000 997% _ 72 6222 CABRILLO ST EXPAN:SAN PEDRO CIO LOS ANGELES -GSD 95,593 1027% 5223 PACIFIC AV IMP R- 6963:LONG BCH CITY OF LONG BEACH 777,627 121.5% 5224 AC PATCH PIER C:LONG BEACH C BELOW, INC. 1,400 100.0% 5225 WAGHINGTON BL CORR:LOS ANGELES CITY OF LOS ANGELES -DPW 672,308 5.2% 637,255 5226 AC PAVE- UNIVERS91,010:UNIV Cl DARCCENGINEERING 48,451 100.0% 5227 CONCRETE PATCH- UNIVERSAL:UNIIV BASCO ELECTRIC 42,505 97.0% 882 5228 MTA YARD SANTA ANITA;EL MONTE H.O.OLSEN CONSTRUCTION 6,048 1000% 5229 PASSONSIMINES IMPR:PICO RIVERA CITY OF PICORIVERA 432,469 49.7% 217,477 5230 ACITHE VILLAGE @USC:LOS ANGELES HATHAWAY DINWIDDIE CONSTRUCTIO 16,651 98,8% 204 5231 SAN GAB SITE IMPRV;LOSANGELES LOS ANGELES COUNTY SANITATION 982,850 21.6% 770,721 5232 POT HOLE RR -LOS COCHES:LKESIDE C BELOW, INC. - 4,325 100.0% 5233 AC PKG STRUCTUREISANTA CLARITA MCCARTHY BUILDING COMPANIES 55,032 38,9% 34,131 5234 R/R CONC•BNSF:VERNONICOMMERCE BURLINGTON NORTHERN SANTA FE 2,673,970 89.0% 316,233 5235 HIGHLAND CROSSWALK R/R:MAN BCH CITY OF MANHATTAN BEACH 876,65,0 0.6% _ 871,322 5236 EL MOUND AVE IMPRV.PASADENA BITECH CONSTRUCTION 71,271 99.9% 51 5237 FIRESTONE WTR MAIN:BUENA PARK CITY OF BUENA PARK 102,619 102.3% 6238 AC FIR EAGLE CYN RD,RIVERSIDE METRO WATER DIST 12,200 1000% 6239 IRV TABOR CT PKG-GSD:VENICE CIOL08ANGELBS -GSD 414,977 101.8% _ 5240 ALAM PKISTRM DRN R672:LONG BCH CITY OF LANG BEACH 1,842,351 9.8 °A 1,751,281 6241 AC PAVE O'NELL DRILADERA RNCH BITECH CONSTRUCTION 20,665 64.6% 7,310 5242 ST IMPRVISLURRY SEAL:BE-LL CITY OF BELL $09,877 103.9% 0 5243 AC PAVE ALCOA ST:CORONA MCCARTHY BUILDING COMPANIES 3,825 76,4% 940 5244 CONC TRENCH MYFORD STITUSTIN DARCO ENGINEERING 26,475 121.5% 5245 AC PATCH BERTH 198 POLA:POLA W,W, STEPHENSON CO., INC. 3,162 61.8% 1,209 5246 GRIND /PAVE SUNSET /SWART;L.A. BALI CONSTRUCTIO 17,705 75A% 4,357 7/2412 0 1 5 j WORK EXPERIENCE_ 2 -28.15 GLOSSED JOBS — Job # Project Description PROJECT NAME Final Contract Amount PIER G RAILYAR_D:POLB HD4565_ PORT OF LONG_BEACH _ 36,07.9,639 _4735 _ 4824 EUOLID /GARDEN GR BLVD:GARDN GR CITY OF GARDEN GROVE — _ _1,017,584 � _ 4968 _ HL SAFE RTE.LOSSERRANOS:CHINO_ CITY OF CHINO HILLS — 691,728 _ SAN NICOLASDR:NEWPORTBEACH T_ BALI CONSTRUCTION - _ _. 36,725 5010 POLABRTH228,401.408:LONGBCH DYNALECTRIC 394,183 505_4 UNCOLNANASHINGTON EIS:LYNWOOD CHARLES PANKOW BUILDERS. 314,580 6062 JORDAN HS PKG LCT: LOS ANGELES SWINERTON BUILDERS T _ 122,000 _ 5095 LOS ALAMITOS MED CNTR:LOS ALAM SNYDER LANGSTON 224,875 _ 5_103 _ LONGDENSEWERREP_L:TEMPLECITY CITY OF TEMPLE CITY 440,220 5121 13.14 MINOR ST REHAB:SIMI VLY CITY OF SIMI VALLEY _ 370,735 _ 6123 _ BEVERLY 8L ST IMPRV:MONTESELLO _ CITY OF MONTEBELLO 417,929 5126 GRANVIA ALTAILUNADA BAY:PV EST CITY OF PAL68 VERDES ESTATES 74,776. 5128 GRIND /PAVE REXFORD DR:BEVHILL C.3. LEGACY CONSTRUCTION, INC �^ 53,860 5137 RIR RAMP /RAILRREE:BU RBANK SURSANKIGLENDALEIPASADENA 54,556 5136 _ _BCH HC RAMPSICATCH BASINS:LONG Ir "m OF LONG BEACH _ - 130,168 5140 CKBIKETRAIL:ORANGE OYOTECREE COUNTY OF ORANGE -PW 1,544,109 5141 GOLDEN VALLEY RD:SANTA CLARITA CITY OF SANTA CLARITA 513,622 5144_ _JPAVE PKG LOT•ECKHOFF ST:ORANGE COUNTY OF ORANGE -PW 498,926 6 SNYDERLANGSTON 415,865 _ 5154 WILLARD SCH PKG_LOT:SANTAANA_ �STREHA82013.14:CHINO SANTA ANA UNIFIED SCHOOL DISTR 776,002 _ 5155 5157. WELLS 7A17B PUMP PROJ:CHINO HL CITYOFCHINO CITY OF CHINO HILLS 1,176,903 86,913 5161 5162 POMONA AVE REGON:FULLERTON �BERKELEY AVE RECONST:FULLERTON CITY OFFULLERTON _ CITY OFFULLERTON _ 125,855 628,541 _ 5163 PAVEMENT REHAB:AGOURA HILLS CITY OF AGOURA HILLS 989,753 5174 CONC R/R -VAR LOC:DANA POINT CITY OF DANA POINT 93,967 5179 AC/ CURBS SEASIDE BL:LONG BCH W,A.RASIC —TRACK 35,557 5186 AC GRINDIPATCH•SNSF:VERNON RAILWORKS SERVICES, INC. 35,107 5206 GRINDIPAVE EMPIRE AVE:BURBANK BURBANKIGLENDALEIPASADEI4A _... _ 41,940 ... _._.__.__. 5221 .._— _.._�....— AC PATCHIBEAL VIA ORO:LONG BCH CAM BUILDING MAINTENCE 5,D00 TOTAL 47,343,208 23B -43 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinalero August 30, 2016 ADDENDUM No. ONE CITY OF SANTA ANA 20 Civic Center Plaza M -36 . P.O. Box 1988 M -36 Santa Ana, California 92702 (714) 647 -5013 w.rvwsan4a- ana.orc CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar SUBJECT: PROJECT NO. 15 -6848: Bishop- Pacific - Shelton Bike Boulevards The following changes have been made to Specifications for the subject project: Specifications 1, Section 7.00 Special Provisions: Replace with the attached Section 7.00 Special Provisions - Water Main Improvements. 2, Section 11,03 Fire Hydrant: Delete Section 11.03 Fire Hydrant. All other terms and conditions remain the same. CITY OF SANT Q City Engineer SANTA ANA CITY COUNCIL Mlyuol A. PUlitiv I M.N. Sannienlo MhTele Martinez i lmgellrA Mezcva P. eantl aeneNtles i Roman Reyna Sal llnajero Mayor Mayor Pro Teri, Ward 1 Wordy Wartl3 Word Word Ward MPul eo(@sanla- ana.org V� @r�itrJg(gly�n�y- q.orq I MMII ngz(ala Ilu-ongyrq A/tmez a na- ane.�rg i n_0_Llavid fay I �{t va na sanla -nnaoo aiaderofminnla. ana.ory 23B -44 QUhuL U36&m 3VA Fl- LO (Aw (�- VqN �l 23B-45 23B -46 AS iU1 MI CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 15 -6848 BISHOP- PACIFIC - SHELTON BIKE BLVDS This CONSTRUCTION CONTRACT is made and entered into this 15`x' day of November, 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 Palp. Inc. dba Excel Parring CompanX, hereinafter referred to as "CONTRACTOR ". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Bishop Pacific Shelton Bike Blvds Project, 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 Forni • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and 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. CITY agrees to pay and CONTRACTOR agrees to accept in hill payment to complete the Work of Improvement the sum total amount not to exceed $876,111.00 — Eight Hundred Seventy -Six Thousand One Hundred Eleven Dollars and no cents, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page 1 of 23B -47 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO, 15 -6848 BISHOP- PACIFIC - SHELTON BIKE BLVDS 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 amount of any class or portion of the work or to omit portions of the work as maybe 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. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment band (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. 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 r CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 15 -6848 BISHOP - PACIFIC- SHELTON BIKE BLVDS IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY Jop Funk Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: By: Page 3 of 3 23B -49 CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT NO.: 15 -6848 BISHOP - PACIFIC- SHELTON BIKE BLVDS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 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 surn(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation* CY L,350 .X. 2 AC Pavement" TN 1,100 $ $ )22- 3 Crushed Miscellaneous Base (CMB)" TN 36 $ $ . 4 Construct PCC Sidewalk (T =4 ")* SF 13,000 $ $ V 5 Construct PCC Curb Ramp* SF 4,200 $ $ 05 r. 6 Construct PCC Driveway (1" =6 ")* SF 310 $ 7 Construct PCC Curb only (B -1)* LF 8 Construct Curb and Gutter * LF 2,000 $ )jC� $ 10 9 Construct PCC Modified Crub(17afflc SF 1,900 $ $ Circle)* .(0 154�t� e l0 Construct Color Stamped Concrete SF 1,800 $ d --' $ )p including rebar (T= '10 ")* ---" -� , 11 Construct PCC Cross Gutter (Local)* SF 1,200 $ $ f 12 Adjust Manhole Frame and Cover to Grade EA 7 $ $$ 13 Adjust Water Valve Frame and Cover to EA 9 $ $ Grade _715,°" `l�GJ�.''"' P -1 ofP -18 23B -50 CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT NO.: 15 -6848 BISHOP - PACIFIC- SHELTON BIKE BLVDS Item Description Qty Unit Unit Price Amount 14 Adjust Survey Monument to Grade EA 2 $ $ 15 Furnish and Install New Fire Hydrant EA 4 $ $ 16 Furnish and Install Water Valve Frame and EA 1 $ $ Cover to Grade C QQ — ,l�00 --' 17 Abandon Water Valve EA 2 $ S 18 Furnish and Install New Water Meter Box EA 5 $ $ and Cover to Grade (0 1] 19 Furnish and Install 12" Gate Valve EA 2 $ $ 20 'Furnish and Install 8" Gate Valve EA 1 $ $ 21 Furnish and Install 6' Gate Valve EA 1 $ $ OCJ. 22 Remove Fire Hydrant and Assembly EA 4 $ $ oo 23 Furnish and Install Rock Swale* SF 250 $ $ rr'' 24 Landscaping LS 1 $ $ 10(1- C 100. 25 60 Working Days Landscaping LS 1 $ $ Maintenance f a 26 Furnish and Install Organic Soil* CY 62 $ $ 1�. a ,0.27 Signing and Striping LS 1 $ $ HOW:- 28 Project Advertisement Sign EA 2 $ $ 29 Construct Concrete Collar EA 1 $ $ I V./ MO.- 30 Furnish and I9rstall Reinforced Concrete LF 20 $ $ Pipe(]2 "Diameter) '`-Lf,- 30a-). 1' P -2 of P -18 23B -51 CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT NO.: 15 -6848 BISHOP - PACIFIC- SHELTON BIKE BLVDS Item Description Ql'y Unit Unit Price Amount 31 Construct Type `B°" Catch Basin (L =7') EA 1 $ including Local Depression W, .,.� (0(000- --' 32 Remove Interfering AC Pipe and Replace LF 20 $ $ with PVC Pipe complete ill Place I P - TOTAL BASE BID $ 1('o ADD ALTERNATIVE ONE 33 Unclassified Excavation* CY 75 $ $ 34 Construct PCC Sidewalk ('r =4 ")* SP 225 $ $ IL° D- -D le(%, 35 Construct PCC Curb Ramp* SF 960 $ $ 36 Construct PCC Curb only (B -1)* LF 265 $ $ I00 70, 37 Dccanposed Granite with Stabilizer* SF 2,100 $ $ 38 Finnish and Install Rock Boulder LS 7 $ a- 39 Landscaping LS 1 $ $ L100 40 60 Working Days Landscaping LS 1 $ $ Maintenance i I 0(2 TOTAL ADD ALTERNATIVE ONE $ O )W O, ' TOTAL BASE BID + ADD ALTERNATIVE ONE $ 1 LJ -0 ( 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. 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 80 working days after the commencement date stated in the Notice to Proceed. Contractor shall stagger the intersection improvement work to be in multiple phases. P -3 of P -18 23B -52 CITY Or SANTA ANA PROPOSAL Exhibit A PROJECT NO.: 15 -6848 BISHOP- PACIFIC - SHELTON BIKE BLVDS Once the phase work is completed the landscaping maintenance period shall start. The contractor shall order any material in the contract documents requiring a long lead -time immediately after the award of the contract. The lead -time for these items is included in the total working days. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $1,750 per calendar day. PWINUM Name of Firm EXC ,CI, PAVJ9ja C()MpA W Signature of BIDDER Title G. P. MOM,PMESIDENT (If an individual, so state. If a firm or co- partnership, state the Finn 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) P -4 of P -18 23B -53 23B -54 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 15 -6848: BISHOP - PACIFIC- SHELTON BIKE BLVDS Construction Contract $ 876,111.00 Contract Administration $ 48,350.00 Inspection and Testing $ 83,067.00 Contingencies $ 87,612.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,095,140.00 WNUM`i! 23B -55 23B -56 • • CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: AGREEMENT WITH MUNICIPAL CODE CORPORATION FOR CODIFICATION OF ORDINANCES AND ON -LINE PUBLICATION OF THE CITY CODES (STRATEGIC PLAN NO. 5, 1) CITY MANAGER J RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UT100-OWWO ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO f R I►firc- :7 Authorize the City Manager and Clerk of the Council to execute the attached agreement with Municipal Code Corporation for a three year period ending December 31, 2019 in the annual amount not to exceed $25,000 and total aggregate amount of $75,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City has had a long- standing relationship with Municipal Code Corporation (MCC)" for codification and publication of its ordinances into code books. The City has paid $21.50 per page for supplements to our code books for the past six years and vendor has agreed to maintain their rates for the next three years. Supplements are distributed to various departments, county offices and law libraries throughout the State. The per page rate includes updated pages for the Table of Contents, the Index and Section listings for each new ordinance submitted. In addition, the City pays MCC $500 per year for publication of the Code via the internet. Additional services provided in the base rate include A Code Comparative Table supplied with each supplement, which provides history of the ordinances codified. 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). 25A -1 Agreement for Codification of Municipal Code November 15, 2016 Page 2 FISCAL IMPACT Funds in the amount of $25,000 are available in the Clerk of the Council Office fund (account no. 01107031 - 62300). Maria D. Huizar Clerk of the Council Exhibit: 1. Agreement Fiscal Year Amount 2016 -2017 $12,500 2017 -2018 $25,000 2018 -2019 $25,000 2019 -2020 $12,500 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25A -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 15 °i day of November, 2016 by and between Municipal Code Corporation, a Florida corporation (hereinafter "Consultant"), and the City of Santa. Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal code republication services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services perfomled 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 terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide Santa Ana Municipal Code ( bereinafter "SAMC) republication and update services in both written and electronic versions as set forth in Exhibit A to this Agreement. SAMC shall be published in a double column format, 10 point font. Updates will be provided on a semi- annual basis. Consultant shall also provide the OrdBank service, allowing for the posting of ordinances online in PDC format in between supplements. Upon completion of the supplement, the ordinances will be linked in the history notes and stored in the OrdBank Repository of the online code. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $25,000.00 annually during the three (3) year Term of this Agreement; with aggregate payment not to exceed $75,000.00 over the three (3) year Term. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 25A -3 3. TERM This Agreement shall commence on the date first written above for a three (3) year Term with the termination date of December 31, 2019, unless terminated earlier in accordance with Section 12, below. This Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S, INSURANCE Due to the nature of the services provided, no insurance shall be required. b. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement, excepting a claim arising from interpretation of language or images contained in the Code, as published in print or electronically. 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, 25A -4 through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 To Consultant: Municipal Code Corporation P.O. Box 2235 Tallahassee, Florida 32316 Telephone(800)262 -2633 Facsimile (850) 575 -8852 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. if sent by telefacsimile; communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the 25A -5 terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered mull and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further 25A1 -6 agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hercinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any inj uries 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 thus Agreement. (Signatures on Following Page] 25A -7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. IIUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: C =� — Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager MUNICIPAL CODE CORPORATION W. Eric Grant President 2sa -8 EXHIBIT A NOVEMBER, 2016 PRICING SHEET FOR THE CITY OF SANTA ANA, CALIFORNIA Supplement Service Base Page Rate' Page Format Base Page Rate Double Column $21.50 per page Form Based Code, Ch. 41 only $45.00 per page Base page rate above includes • Acknowledgement of Material • Data conversion, as necessary • Editorial Work • Proofreading • Indexing Creation of Tablesz • Schedule as selected by City3: Current schedule is semi - annual print each May and December. Supplements are completed within 30 -45 days and a set of proofs are provided to the City to review. • Updating Electronic verslons4 (Internet) • Printing PDF copy of each supplement, sent via email for internal printing (no charge) Additional Services currently enrolled in that apply to Supplement Service • Code on the Internet with CodeBank and CodeBank Compare+ eNotify, annually $950 • Transit Zoning Code on the Internet, per update $100 • Graphics & Tabular' matter, per graphic or table $10 • OrdBank, per ordinance $35 • Freight, per supplement actual cost • State Sales Tax If applicable Optional Services to Supplement Service (please check) ❑ OrdLlnk /OrdBank, per ordinance $50 ❑ MuniPRO, 1 year subscription $295 Invoices for supplements and additional services are sent upon completion of project (s). ' All prices quoted in this section may be increased annually in accordance with the Producer Price Index — Internet Publishing and web search portals (NAICS 519130) as reported by US Department of Labor— Bureau of Labor Statistics. 2 The following tables will be updated and are Included in the base per page rate: Supplement History Table, Code Comparative Table, State Law Reference Table and Ordinance History Table. An additional hourly charge applies for creation , modification, addition or updating any other table other than those enumerated In this footnote. S Schedule for Supplements can be weekly, bl- weekly, monthly, bi- monthly, quarterly, tri- annual, semi- annual, annual or upon authorization. Electronic Updates can occur more frequently than printed Supplements. 4 We do not charge a per page rate for updating the Internet, however a handling fee may be charged. ' Tabular matter is defined as tables, Algebra formulae, or other materials that require special programs or extra editorial time to modify and prepare for inclusion in an update. 25A -9 25A -10 REQUEST FOR COUNCIL. ANION CITY COUNCIL MEETING MATE: NOVEMBER 15, 2016 TITLE AGREEMENT FOR R &S OVERHEAD DOORS OF SO -CAL, INC.TO INSTALL FIRE -RATED FIXTURES AND SECURITY DOORS AT CITY HALL EAST SIDE FLOORS 3, 4, 6 & 8 (SURPLUS FUND ALLOCATION) {STRATEGIC PLAN NO. 6, 1G} CITY MANAGFff APPROVED El As Recommended © As Amended © Ordinance on 18' Reading CI Ordinance on 2rv° Reading 0 Implementing Resolution ❑ Set Public Hearing For IN i1T Authorize the City Manager and Clerk of the Council to execute an agreement with R &S Overhead Doors of So -Cal, Inc. to install fire -rated fixtures and security doors at City Hall East Side Floors 3, 4, 6 & 8 in an amount not to exceed $56,164, including a contingency of $2,675 for the term of November 15, 2016 through February 28, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. This project is in accordance with the City Council- approved Surplus Allocation Plan as of October 20, 2015. Department: Project: Category Total Funding: Finance and Install Fire -Rated Fixtures Facilities and FY 15 -16 $75,000 Management and Security Doors at City Assets FY 16 -17 $80,000 Services Agency Hall Floors 3, 4, 6 & 8 DISCUSSION The mission of the Finance Department Building Maintenance Division is not only to ensure City facilities and equipment are in good repair, but also to address fire safety issues to protect City employees and the general public. In this regard, staff requests Council approve the Surplus Allocation- funded project to create fire safety zones at City Hall East Side on Floors 3, 4, 6 and 8 in an amount not to exceed $56,164 inclusive of a $2,675 or five percent contingency. Floors 1, 2, 5 and 7 are already fire safety compliant. The project includes the installation of fire -rated doors, closers, walls and other fixtures on the referenced floors. These structures and fixtures will be fire -rated at 60 minutes, which means it will take an hour for a fire to burn through the fire -rated doors. Smoke leakage will be similarly controlled via the fire -rated walls which serve as smoke barriers. Smoke leakage through 2513-1 Agreement for R &S Overhead Doors of So -Cal, Inc. to Install Fire - Safety Doors and Fixtures November 15, 2016 Page 2 elevator shafts has already been adequately addressed. During that time and in that area, floor occupants can wait to be rescued in relative safety. In addition to life safety features, the doors will be equipped with security card readers to prevent unauthorized ingress to the floor interior area at all times. The notice soliciting Requests for Proposals was advertised on August 17, 2016 on the City's online bid management and publication system. A summary of the proposals received is as follows: 53 Vendors were notified 2 Santa Ana vendors notified 10 Vendors downloaded the solicitation 2 Proposals received 1 Proposal received from Santa Ana vendors Proposals were opened on September 20, 2016, and evaluated. One of the two proposals received was rejected as non - responsive due to proposer's failure to submit certain required documents. The proposal received from R &S Overhead Doors of So -Cal, Inc. located at 1617 N. Orangethorpe Way, Anaheim, CA 92801 is responsive to the specifications and meets the City's requirements (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective 1 (Establish and maintain a Community Investment Plan for all City assets), Strategy G (Develop and implement City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. A Notice of Exemption will be filed for this project. FISCAL IMPACT Funds in the amount of $56,164 are available in FY2016 -17 Council Special Projects - Finance Building Maintenance Improvements account (no. 05010021 - 66200). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency JA /WN EXHIBIT: 1. Agreement 25B -2 r: Ho. VEI AGREEMENT TO INSTALL FIRE -RATED FIXTURES AND SECURITY DOORS AT CITY HALL THIS AGREEMENT is made and entered into this 15th day of November, 2016 by and between R &S Overhead Doors of Southern California, 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 August 17, 2016, the City issued Request for Proposal No. 16 -102, by which it sought a contractor to install fire safety doors and fixtures at City Hall. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -102 and attached herein 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: SCOPE OF SERVICES Contractor shall furnish the services that are described in Exhibit A to this Agreement. 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 sum to be expended under this Agreement shall not exceed $56,164. This amount includes (1) the base sum of $53,489 and (2) a 5% contingency amount of $2,675 for additional services to be performed by Contractor at the sole discretion of the City. 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 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 the date stated above and continue through February 28, 2017, unless terminated earlier in accordance with Section 14, below. 25B -3 4. INDE+'PENDENT CONTRACTOR, Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a mariner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. ]:INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, 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. Workers' Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for workers' compensation or to undertake self - insurance. Prior to commencing the performance of the work under this 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 fall force and effect for the entire period covered by this Agreement. 258 -4 (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, (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 famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to 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. 6. INDEMNIFICATION Contractor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of the 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 indermnity 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. Contractor's indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the foregoing, to the extent Contractor'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 Contractor. 7. 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 253 -5 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. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and fiuther 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 lion -use and nondisclosure shall not apply to any infornation 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. 9. 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 the performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mall, 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: Executive Director Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza. Santa Ana, CA 92702 P To Contractor: R &S Overhead Doors of Southern California, Inc. 1617 N. Orangethorpe Way Anaheim, CA 92801 Attn: Moises Sandoval 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. 11. 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 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 Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy, No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall, any waiver constitute a continuing waiver unless the writing so specifies. 25B -7 14. TERMINATION This Agreement maybe 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, City 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. 15. 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. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES 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. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terns 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. W0101 Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _ Xe' ' as John . Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance and Management Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Name: Title: 25B -9 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS 16 -102 FOR INSTALLATION OF FIRE SAFETY - SMOKE CORRIDORS AT CITY HALL SCOPE OF SERVICES & SPECIFICATIONS The City of Santa Ana City Hall building is a 9 -story structure inclusive of a basement; The dual goal of the project is to Increase fire safety and enhance security by installing fire - rated doors and other fixtures at City Hall smoke barrier corridors on Floors 3, 4, 6 and S. Product specific references In this bid are for reference only and do not In any way obligate the contractor use that brand name product. However, for equivalency comparison purposes, bidding contractors are requested to state the brand name of any equivalent products being proposed for use. Either f the following current CSLB Contractor Licenses is requlred for award.ofi tiffs- niract: • C28 — Lock and Security Equipment Contractor ® C61 / D28 — Doors, Gates and Activating Devices Contractor desirable contractor traits:``' r All Contractor workers for this project should have at least 10 years of work experience iii fire =rated door assemblies and related closer, latch, and door gasketing requirem; nis` References for a minimum of three (3) previous completed smoke corridor 3rolc,cts of similar size in commercial facilities. 'Previous work in municipal environments is highly desirable. k PF OF' WORK; A. Cif Hall 3flo Floor Main Lobbv Furnish and install 1�. Now 6/0 x 7/0 pair of solid core wood 2, Prefinished clear birch 3. 60-i-ninute fire -rated wood doors with hollow metal door frame and BB hinges `. 4. Von Duprin 99/27 panic devices less bottom rods, active to have electrified retraoti;an�', wlth exterior lever, inactive to be exit only, 5• LCN 4040 XP FID surface closers, 6. Center astragal brush seals Duprin power supply 914 with El transfer hinge, complete with all mounting' hardware, FW-ning and drywall, mud and tape finish off of new door opening for new door installation to replace existing double doors. B. City Hall 4T" Floor Main Lobby! Furnla' and install; t. New 3/6 x 7/0 single solid core wood door, prefinished clear birch 2. 60- minute fire -rated wood door with hollow metal door frame and BB hinges RFP 16.102 Installation of Fire Safetv - Smoke Corridors at City Hall 25B -10 3. Von Duprin 99 panic device with electrified retraction for exterior lever 4. LCN 4040 XP HD surface closer 5. Von Duprin power supply 914 with El transfer hinge, complete with all mounting hardware 6. Framing and drywall, mud and tape finish off of new door opening for new door installation C. City Hall 6TH Floor Main Lobbv, Furnish and install: 1. New 3/6 x 7/0 single solid core wood door, prefinished clear birch 2, 60- minute fire -rated wood door with hollow metal door frame and BB hinges 3. Von Duprin 99 panic device with electrified retraction for exterior lover 4, LdN 4040'XP HD surface closer 5, Von Duprin power supply 914 with El transfer hinge, complete with all mountingq hardware fi. Framing and drywall, mud and tape finish off of now door opening for new 80"r ' ° installation P: Oily Hall 8TH Floor Main lobby GF Furnish and install: 1. New 6/0 x 8/0 pair of solid core wood PrefihIsh6d clear birch 6Q- minute fire -rated wood doors with hollow metal door frame and BB hinges Vpri Duprin 99127 panic devices less bottom rods, active to have electrified retraction, with exterior lover, Inactive to be exit only, . LCN 4040 XP HD surface closers 6. Center astragal brush seals 7. V't 6 Duprin power supply 914 with El transfer hinge, complete with all mounting f; it :dwara, 8. Fl ruing and drywall, mud and tape finish off of new door opening for new door l Installation to replace existing double doors PFiEVAI_I q WAGE REQUIREMENTS For priding calculation purposes, proposers are to conclude that prey iling wage will gpplywall PLQ!6cts tinder t :l contract. Proposers are to include a printout copy of the DIR La orrr Classifications utilized for the calculations of the labor pricing for their RFP submittal. Woeklnq Day T"ho C4htractor's activities shall be confined to weekdays ONLY, Deviation from these days shall ndt;be' permitted without the prior written consent except in emergencies Involving iml-Red'iate' hazard to persons or property, or as specified otherwise. Contractor to furnish goods and installation services as described in this RFP. It shall be the Colitrea6t6r's; responsibility to legally dispose of all debris and surplus materials off -site, RFP 1 6•102 Installation of Fire Safety • Smoke Corridors at City Hall 25B -11 EXHIBIT B 25B -12 R & S Overhead Doors of So-Cal, Inc. No. I or2 Pages 1617 N. Orongerhorpe Way Offer th MS-3354 Anaheim, Ca. 92801 Datc� Sopteialber 20, 2016 Ph; (714) 237-1990 Fix: (714) 237-1994 Cont. Lic.-No, 756321 13Y* Moises Sandoval syw wasdoo 1-sen, lee, co in Email: Moerssocal@ynhop.corn C�Istonlcr OFFER Jahsita In trio a mur shall rc fei to: [a tills noQr Shot rerel, to: City Of Santa Anti -- Cont act: Dare hone: (7 14) 220-5295 I mail: R45S Qverhead Doors Proposes to Furnish the Following; Price lid ----------------- — ------------------- — ------------------ — ----------------------------------------------- ��o r X, I Frame new 67 wide x 8 ft high fire rated wall In corridor o Studs to be 3 518, 20 gouge with 518 drywall both sides, loped FA make ready for paint u Install conduit & J box with fire pad for card reader & low voltage for hot 'hinge @,6i Includes masking & cleanup of area during construction o (1) 36x710 solid wood core door, prefirilshed clear birch, 60 min. fire rated with frame. Von Duprin 90 panic device with electrified retraction, exterior lever trim ,LEN 4040 door closure and 914 Von Duprin power supply, Electronic,, transfer power hinge. R&S propbses,to install the above mentioned materials in hall way corridor as per .'customer request, Crow will perform ail work on Friday and weekends for all dry wall and doo?s could run into the week work. Project bid on all trades prevailing wages EXCLUDES: Finish paint, wall paper removal and frame paint. *Prive hipludes Tax & Labor, Excludes costs of any previous Service Calls, 'TOTAL: 25B -13 R & S Overhead Doors ol'So -Cal, [tic. 1617 N. Orannethorpc Way Anaheim, Ca. 92801 „t�_ Ph: ('714) 237.1990 Fax: (714) 237 -1994 Cont, Lic: No, 756821 trivia, rsdoorservice.co m rfer ncr In this over OFFER shall refer to: City Of Santa Ana Contact: Dave Phone; (714) 220 -5295 R &$ Overhead Doors Proposes to Furnish the Fr *rrbme new 67 wide x 6 ft high fire rated wall in corridor • Studs to be 3 6/8, 20 gauge with 6/8 drywall both sides, taped & make ready for paint • Install conduit & J box with fire pad for card reader & law voltage for hot hinge a f ingludi±.s masking & cleanup of area during construction n (1) 3 -6010 solid wood core door, prefinished clear birch, 60 min. fire rated with frame. Von Duprin 99 panic device with electrified retraction, exterior lever trim ,LCN 4040 door closure and 914 Von Duprin power supply, � Electronic transfer power hinge. R &S proposos to install the above mentioned materials in hall way corridor as per 6datomer.request. Grow will perform all work on Friday and weekends for all dry wall and doors could run into the week work, project bid on all trades prevailing wages EXCLUDES: Finish paint, wall paper removal and frame paint. "Price lucludes Tas r, Excludes costs arany previous 5crviee 25B -14 No, I oft Pages Offer th NIS -3355 Date: September 20, 2016 6y: Moises Sandoval Email; Nloerssocallr�yahnacam Price R & S Overlicad Doors of So-Cal, Inc. No. I of 2 Pages 1617 N. Oinngethorp(e Way Offer H: MS -3857 Anaheim, Ca, 92801 Dole: September 20, 2016 Ph: (714) 237.1990 fax: (7t4) 237-1994 Cont. Lic. No, 756821 By. Moises Sandoval Email: Curlomcr OFH.R Jobs i ic refer to. City Of Saitifti Ana '01, 5a7 Phone: (714) 220-5295 Email: R&S Overhead Doors Proposes to Furnish the Following: Price -- ------- -- �'Z W 61 Floor—--------------------------------------------------------------- --- — ------------------- c;' •Frome new 67 wide x 8 it high fire rated wall In corridor -.3 Studs to be 3 5/8, 20 gauge with 5/611 J8 drywall both sides, taped & make ready for paint o Install conduit & J box with fire pad for card reader & low voltage for hot hinge 6 Includes masking & cleanup or area during construction o (1) 3-6x710 solid wood core door, prefinished clear birch, 60 min, fire rated with frame. Von Duprin 99 panic device with electrified retraction, exterior lover firlin I-CN 4040 door closure and 914 Von Duprin power supply, 4 Electronic transfer power hinge. R&S,lprolpoaos to install the above mentioned materials In hall way corridor as per otnitorrel, request, Crew will perform all work on Friday and weekends for all dry will and doori cod 6 run into the week work. Project bid Oil all trades prevailing wages EXCLUDE&,'hilish paint, wall paper removal arid frarne paint. lee lrciudc.s Tax & Labor, i costs ol'any preflowq Service Coils, 'ro-TA L! 13,062.6-0 25B -15 R & S Ovedica(1 Doors ol'sr 1, Inc, No. t ol`2 Pages 1617 N. Ortn'Igethorpe Way Offer 11: MS -3357 Anaheim, Ca. 92801 Date; Sepwribor N, 2016 ])It: (714) 237 -1990 Pax: (714) 237.1994 Cont. Lic• No. 756521 ny: Moises sandoval ww.rsdoorservlcacom Psrnall: Moerssocalrr�yahoo.com ruslumer //--��7��+1;� Jabs ilu In this utler shall rcl'er lo; OAl -�, ER In dhis offer vhall refer to City Of Santa Ann _- ___---- ---- �.. — - - - - -- - - -_ Contact: Dave TPhone: (71R) 220 -5295 Email; ]' &S -Over -head Doors Proposes to Furnish the Following: ('rice y1 wo. Frame new 67 wide x 8 it high fire rated wall In corridor `•;.,, t o Studs to be 3 5/8, 20 gauge with 6/8 drywall both sides, taped & make ready - - -•' I for paint Install conduit & J box with fire pad for card reader & low voltage for hot hinge a.- Includes masking & cleanup of area during construction a (1) 5 /0x7 /0 solid wood core door, prefinished clear birch, 60 min. fire rated with frame. Von Duprin 99/27 panic device with electrified retraction, exterior lever trim ,LCN 4040 door closure and 914 Van Duprin power - •••:1 supply, Electronic transfer power hinge. t2 &3 proposes to install the above mentioned materials in hall way corridor as per - - customer request, Crew will perform all work on Friday and weekends for all dry wall and - doors cpuld'uri into the week work. Project bid on all trades prevailing wages EXCWDGS` Finish paint, will paper removal and frame paint. Includes Tax & Labor, Excludes costs of any previous Service Calls. 25B -16 TOTAL: REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: AGREEMENTS FOR ON -CALL WATER WELL PUMP AND MOTOR REHABILITATION SERVICES (NON- GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1C & 1F) CITY MANAG RECOMMENDED ACTION 10311140:(e1 &e1e11J NIlliti'M41e1.Ii A _7•.• ." ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements to provide on -call water well pump and motor rehabilitation services for the three -year period beginning November 15, 2016 and expiring November 30, 2019, with provisions for a two -year renewal option exercisable by the City Manager and City Attorney, in an aggregate amount not to exceed $400,000 annually, subject to nonsubstantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Bakersfield Well and Pump Co. Bakersfield Weber Water Resources, LLC San Bernardino General Pump Company, Inc. San Dimas DISCUSSION The Public Works Agency Water Resources Division currently operates 20 active water wells and seven water pumping stations to supply the City's drinking water. Many of the facilities are in need of repairs and rehabilitation. Staff has determined that through rehabilitation, the efficiency of a majority of the water wells can be increased. The rehabilitation work is needed to restore the wells to maximum water production capacity. Completion of rehabilitation work will also result in the wells producing more water while utilizing less electricity. On August 16, 2016, the Public Works Agency released a Request for Proposals (RFP) on the City's website. Four proposals were received on September 15, 2016. The proposals were evaluated and ranked by a review committee comprised of personnel from various City agencies, including staff from the City of Garden Grove. Ranking criteria included firm and personnel experience, understanding of need, relevant project experience, schedule, references, and fee. The rating of the firms is as follows: 25C -1 Agreements for On -call Water Well Pump and Motor Rehabilitation Services November 15, 2016 Page 2 NAME OF FIRM RATING General Pump Company, Inc. 90.2 Weber Water Resources, LLC 88.6 Bakersfield Well and Pump Co. 78.2 Best Drilling and Pump, Inc. 71.4 In accordance with the RFP, staff recommends awarding contracts to the top three rated firms. All three are experienced, knowledgeable, and capable in the field, and have prior experience working with the City. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard) and Strategy F (perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair and /or replacement costs in future budgets). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The annual aggregate amount of $400,000 is available for expenditure in FY 2016 -17 Water Production and Supply Account (No. 06017640 - 62300). Annual allocations of $400,000 will also be budgeted in FY 2017 -18, FY 2018 -19, FY 2019 -20, and FY 2020 -21. Public Works Agency FM /NS /RR APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director @ @ @` Finance & Management Services Agency Exhibits: 1. Agreement with General Pump Company, Inc. 2. Agreement with Weber Water Resources, LLC 3. Agreement with Bakersfield Well and Pump Co. 25C -2 AGREEMENT TO PROVIDE WATER WELL REHABILITATION SERVICES ON AN AS NEEDED BASIS THIS AGREEMENT is made and entered into this 15TH day of November, 2016 by and between GENERAL PUMP COMPANY, 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 August 16, 2016, the City issued Request for Proposal No. 16 -090, by which it sought contractors to provide water well, pump and motor rehabilitation and repair services for the City of Santa Ana Public Works Agency Water Resources Division. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -090 and attached herein 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: 1. SCOPE OF SERVICES On an as- needed basis, and at the sole discretion of City, Contractor shall furnish the services as set forth in Exhibit A, to this Agreement. Contractor's proposal is incorporated by reference as though fuilly set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total annual sum to be expended under this Agreement shall not exceed $400,000. 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 and Scope of Work, which may reasonably be expected by City. EXHIBIT 1 Pa elof8 29C -3 3. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2019, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for an additional two (2) year period,, upon a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR. Contractor shall, daring 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 mariner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non- exclusive and perpetual Iicense 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 anyway 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, 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 Page 2 of 8 25C -4 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. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary 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 furnished to the City upon execution of this Agrmnent and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) 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 forthwith terminate this Agreement, Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of tennination. Contractor waives the right to receive compensation and agrees to Page 3 of S 25C -5 indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Contractor agrees to defend, 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 Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor'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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold, harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 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. Page 4 of 8 25C -6 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 fixrther agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor 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, 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 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 25C -7 To Consultant: General Pump Company, Inc. 159 N, Acacia Street San Dimas, CA 91773 Fax 909 -599 -6238 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 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. 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 terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 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 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. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifics. Page 6 of 8 25C -8 16. 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. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17, NON - DISCRIMINATION Contractor 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 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. 18. 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 comnecion with or by reason of this Agreement. 19. 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. 2 P 7of8 8C -9 20. 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 c� By: , v & JOHN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager GENERAL PUMP COMPANY, INC. NAME: TITLE: Page 8 of 8 25C -10 CITY OF SANTA ANA RF'P i` O,;. 16 -090 WATER WELL, PUMP AND MOTOR REPAIR SERVICES Appendix ATTACHMENT" f SCOPE OF WORK A. General Description USEM The Contractor shall provide water well casing, pump and motor rehabilltatlon, repair, replacementand related services for the City of Santa Ana at various locations within the City. The general scope of services Is described below:. B. Work Description The Contractor shall provide all necessary supervision, labor, materials, tools, and equipment to perform pump pulling and installations, water well rehabilitations,, well casing repairs and installations, water wait video Inspections,, electric motor repairs, electric motor rewlndfngs„ and repairseryloes on various types of pumps and. motors, on an as assigned basis, at various locations throughout the City. The Contractor shall meet with the Water Production project manager prior to: starting any :work . at the worksite. Access to the worksite shall be controlled by the Public Works Agency according to the sacurity standards in place at that time. The Contractor's services shall include, but are not necessarily limited to „the following: The Contractor shall provide transportation for its heavy duty equipment, such as, but not limited to, drilling rig pump rig, flatbed truck, boom truck, tractor trailer, as requested by the City to and from Contractor's facility to each Water Production worksite. All electric motor repair work shall be transported by the Contractor to an EASA.. Accredited Member facility for repair and returned to the City when repairs are complete. All water discharged shall be through an NPDES facility approved by the Project Manager It shall be the Contractor's responsibility to propose a' method to .discharge water that is NPDES compliant and may include methods such as water detenti;cn through storage tanks or other conforming strategies. 1, PUMP RCMaVALIINSTALLATION SERVICE The Contractor shall be qualified to perform water well pumps removal and instaliation. At the initial setup for pulling a Wall pump, the Contractor shall perform lockoutitagout of the electrical and hydraulic systems: 2. WELL PERFORMANCE TESTING SERVICE The Contractor shall be qualified to perform well performance testing. After initial well performance testing setup, all testing data shall be given to the City representative upon completion of testing, The Contractor shall furnish and install in e development engine temporarily used to power the test pump process to flush, out all sand and small grit out of the area around the wall to prevent clogging of the distribution system. All water discharged shall be through an approved facility approved by the Project Manager. The Contractor shall provide the Project Manager with Its evaluation and recommendation, Including cost estimates per project. All testing work shall be subject to the Project Manager's written approval prior to commencing any work by the Contractor. Well performance testing' shall be done In accordance with AWWA Al 00-97 standards. 3 WATERWORKS PUMP REPAIR SERVICE The Contractor shall be qualified to repair of one or more of the following pump units; 25C -11 CITY OF SANTA ANA RFP NO,: 16 -090 WATER WELL, PUMP AND MOTOR REPATR SERVICES submersibles, boste.rs, horizontal split case, well turbines, .arid engine water.. Repair of all pumps may include, but not limited to, line shafts, bearings, right - angle- gears, housing /frame, column pipe,, complete rebuild' of pump /motor unit, motor rewinding, seals, impellers, rotor shaft, power /control cable attachments, thermal /moisture sensors, and all other appurtenant components. Furnish new replacement vertical turbine pumps, well pumps, motors, and mechanical seals as needed Repair and service pump station natural gas or diosel -run engines, generators, equipment housings, and appurtenant parts Including, but not limited to, radiators, starters, water cooling pumps, gear drves, etc. The Contractor shall provide the Project Manager with its evaluation and recommendation, including cost estimates per project. All repair work shall be subject to Project Manager's written approval prior to commencing any Work by the Contractor. The Contractor shall pickup and deliver pumps and motors (booster pump) for repairs from all sites requested. 4. WELL VIDEO SURVEY SERVICE The Contractor shall be qualified to perform water well video Inspections using color video equipment with side scan and down -hate :survey views, Videos shall be produced in DVD format in standard definition with a pixel resolution of 640 x 480 pixels or at higher resolutions, Ability to perform these surveys at higher resolutions will be given higher consideration. The video survey unit shall simultaneously transpose the City's name, well name, footage and the date of Inspection on the monitor screen and the video record. A footage counter /recorder shall read in feet and be accurate within 2 percent of the actual footage. The video survey camera shall be capable of right angle or normal downhoi.e viewing with a change. In camera lens or mechanical movement of the camera. At the direction of the City, the Contractor rnust be able to provide right angle viewing to view any casing section in a directelevation view. 5.. WELL REHABILITATION AND TREATMENT SERVICE The Contractor shall be qualified to provide well rehabilitation and treatment services. Furnish all portable engine - driven pumps, necessary to perform well redevelopment and rehabilitation. Costs for temporary piping,, sound proofing, and related equipment require approval by the Project Manager. To perform these tasks, the Contractor shall have the capability to perform mineral anarysis, chemical treatment, water quality testing, zone testing, well casing patches and similar casing repairs /improvements, and mechanical treatment on well casings. All chemicals used in treating well's shall be State approved for the purpose intended, must be National Sanitation Foundation (NSF) approved, and Public Works approved for quantity and concentration. The Contractor's estimates shall include the typical type and concentration of chemicals (acids, inhibitors, polymers, neutralizers, etc.) to be used; the typical appropriate contact time for the chemicals; and the typical procedure for Introducing, mixing, and neutralizing chemicals in the well. In addition, the name(s) and phone numbers of any company (ies) that will supply the treatment chemicals shall be provided. Completed Material Safety Data Sheets (MSDS) for all chemicals used shall include the methods of mechanical treatment (dual swab, wire /nylon brush, sonar jetting, etc.). 6. ELECTRIC MOTOR REPAIR AND REFURBISHMENT The successful Contractor shall provide all transportation, labor, materials, tests and equipment, 25C -12 CITY OF SANTA ANA RF1? NO.: 16•()90 WATER WELL, .PUMP AND MOTOR REPAIR SERVICES delivery /pick up for the repair and refurbishment of electric motors and perform any recondition or rewiring as necessary to return the equipment fully operational. All electric motor repair shall be done in an EASA Accredited Member service shop, no exceptions. a. All Work shall be in accordance with the Electrical Apparatus Service Association's (EASA) Recommended Practice, AR100 4015 latest edition and the National Electrical Manufacturers Association (NEMA) standards for service and repair of electrical apparatus. b. Work shall be in conformance with standards set by, but not limited to, the following organizations; 1. Underwriters Laboratories (UL) a. Underwriters Laboratories — Certified motors shall be recertified after repair. b. Contractor's shop or his sub - contractor's shop shall be UL- certified to rebuild explosion -proof electric motors for use in hazardous environments. 2. American National Standards Institute (ANSI) 3. American Society for Testing and Materials (A$TM) 4. National Electrical Code (NEC) 5, National l=ire Protection Agency (NFPA) 6. National Electrical Manufacturers Association (NEMA) Recondition/Repair of Electric Motors Reconditioning /repair of electric motors shalt include the testing, disassembling, Inspection, cleaning, dipping, baking of windings, replacement of bearings, assembly, testing and painting and at minimum Include the foligwing a. Pre- Disassern.bty Test 1. Using a 1060V meg -ohm meter, conduct verification of Insulation integrity, Record the insulation resistance of the motor as brought in from the City, Acceptable criteria is 5 Meg -ohms or higher. 2 Verify that heaters are operational and that other attached features, such as thermocouples, have continuity. 3. Single -phase test to check for open rotors. (After disassembly, rotors will be inspected for evidence of damaged, cracked or open circuit bars or end rings. If there is evidence of faults, the rotor will be growl- tested.) The detection of any defect during testing shall be reported promptly to the Engineer 4. Documentation covered under this section shall Include tha condition of mechanical fits (i.a, shaft run out), cracked., broken or missing parts, test run at full voltage, current readings, meg reading and surge comparison test as received. The Engineer shall be notified if acceptable criteria are not met. b. Motor Disassembly 1. Completely disassemble motor and steam clean all mechanical parts using a mild detergent compatible with winding insulation; thoroughly rinse; bake dry. 2. Disassembly documentation shall include the cause of failure and /or conditions contributing to failure. c. Motor Inspection 25C -13 CITY OF SANTA ANA RFP NO.: 16 -090 w2vrER WE'LL, PUMP AND 'tNIOTOR REPAIR SERVICES 1. Visually Inspect coils and windings for excessive wear, signs of conductor overheating or fatigue that possibly would not be apparent during an electrical test. 2. All stators shall be surge- tested with an electronic surge tester specifically designed to apply a surge voltage stress test simultaneously between turns of a coil, between phases, from winding to ground and to detect short- circuited turns in winding under test. Testing shall be per EASAJEEE 612:2, 11.2 and 7.2.3 standards, Infrared imaging shall be provided pre and post test, d.. Mechanical Fit 1. Measure the bearing bores, shells, housings and shaft journals using a micrometer. Shaft fits and housing fits shall cornply with AR100- 2015, Machine work shall be approved by the Engineer before being performed or machine work may not be paid for,. Bearing journals, seal surfaces and bearing housing restoration shall be done by metalizing and machining or boring and sleeving. Documentation of before and after measurements shall be made. 2. Repiace bearings per manufacturer's specifications. All grease fittings, plugs, eta shall be replaced unless otherwise indicated by the Engineer. Bearings shall be properly lubricated and bearing oil reservoirs shall drained for shipping and installation. The Contractor shall be responsible for filling the bearing oil reservoir upon installation. All equlpment shall be tagged with Information as to whether or not bearing oil reservoirs were filled and what type of lubricant was used. e. Rotor Balancing 1, All rotors of motors rated at 50 HP/3600/1800 RPM and above shall be dynamically balanced,, with the rotor running at rated speed where practical, but not less than 6170 RPM In the balance stand. The balancing speed shall also be rapid enough so the balance machine sensitivity can reliably measure the maximum allowable residual unbalance. 2. A printout tape from the bafance(analyzer shall be furnished detailing the final balance values. This tape will be attached to the reconditfon /repair /rewind documents when the motor is delivered. f. Motor Leads Motor leads shall be permanently tagged with non - magnetic markers, Motor lead configuration shall not be altered. g. Insulation 1, Windings shall, be double- dipped with Class H varnish and Naked. 2. Machine-finished surfaces bore of the stator lamination and periphery of the rotor laminations shall be cleaned of varnish and foreign materials. Photo documentation of this process shall be made prior to and after lamination. h. Final Test 1. A 1000 volt meg -ohm meter shall be used to verify insulation continuity, This reading shall be documented. After reassembly, motor shaft be test -run at rated voltage and frequency. No load voltage and phase currents shall be recorded. Vibration mils displacement shall be measured and recorded in the horizontal, vertical and axial planes on both ends of the motor, or top and bottom of vertical motors and documentation of current reading and vibration readings shall be provided to the Engineer. 2. A 5KV meg -ohm meter shall be used to verify insulation continuity of all 41.60V motors. i. Paint 1. Exterior of motor shall be properly cleaned of rust and foreign material, prime painted and finish painted with a good grade of machinery enamel, the same color as received unless otherwise specified. Nameplates, machined surfaces and internal parts shall be protected from paint. 25C -14 CITY OF SANTA AAA.. RFP NO,: 16-090 WATER WELL, PUMP AND MOTOR REPAIR SERVICES 2, When needed, the Interiors of motor frames and parts s,hal(be palntad with an insulating paint. This includes rotors, bearing brackets, frame interiors and ,air deflectors, Windings shall not be,painted. Incidentals 1.. In the event that the motor is in poor condition and cannot be repaired, reconditioned or made as new, the Contractor shall notify the Engineer Immediately, 2. All Incidental parts requiring replacement, such as bearings, coils, etc, shall be considered included in other items of bid and no additional compensation shall be allowed. 7. REWINDING OF ELECTRIC MOTORS When rewinding is done in conjunction with a recondition or repair, many of the Items below will be redundant and shall not be performed or charged for voice. The items below apply to stator only (including all labor, materials and testing necessary for work completion) and shall at a minimum include: a. Pre - Disassembly Test 1. Using a. 1000 mag -ohm meter, conduct verification for insulation integrity. Acceptable criteria is 1.5 meg -ohms or higher, 2. A 5KV meg -ohm meter shall be used to verify insulation integrity of all 4160V motors. 3. Verify that heaters are operational and other attached features such as thermocouples have continuity, 4, Pre - disassembly documentation shall include the condition of mechanical fits (Le, shaft run out), cracked, broken or missing parts, test run at full voltage, current readings, meg reading and surge comparison Pest as received., The Engineer shall be notified if acceptable criteria are not met. b. Stripping 1, Windings shall be removed by temperature- controlled burnout with oven temperature suppression, Burn -out temperature shall not exceed 760 degrees Fahrenheit. 2. Windings shai('be removed In such a fashion not to damage or distort the core.lron, Upon removal of the, old windings and insulation, the core shall be thoroughly cleaned and inspected for burrs, etc. 3, After the burnout procedure, the Contractor shall perform a stator core, loss test to ensure the stator larnnations are not heat damaged, If the stator core losses exceed four (4) Watts per pound of core steel, notify the Engineer prior to proceeding forward. c. Winding 1.. General: Rewound motors shall meet or exceed all 0.E.M, operating characteristics, unless otherwise specified by the Engineer, NEMA Class F insulation shall be used, unless otherwise specified. Magnet wire shall be a Quad Build, Insulated wire of domestic manufacture that meets or exceeds NEMA spec(ficatlon MW -35A. After winding and prior to resin treatment, windings will be surge - comparison tested and the results documented, 2, The copper cross - sectional area shall be at least as large as the original winding. 3, Resin Treatment: Windings shall be double- dipped with Class H varnish and baked. 4. Check all coils for overall coil shape. Perform a high frequency turn -to -turn dielectric test (surge test) in accordance with IEEE 522. Submit test results to the City, This shall be done prior to installation into the stator. d. Motor Leads: Motor leads that are replaced must be the same length and configuration as the original leads. Leads will be permanently tagged with non- magnetic markers. Lead lengths shall be identified by the City when a request for service is made. 25C -15 CITY OF SANTA ANA RUP N'O,: 16 -090 WATER WELL, PUMP AND MOTOR. REPAIR SERVICES e, Insulation: Windings shall be double- dipped with Glass H varnish and baked. Insulation shall be tested phase -to -phase and phase -to- ground at 100Q volts do and yield a one minute test result of 1000 Meg- ohms or better, Final Test: A 1000 volt Meg -ohm meter shall be used to Verify Insulation continuity. This reading shall be documented. After reassembly, motor shall be test -run at full voltage and documentation of current reading and vibration readings shall be provided to the end user. (NOTE. a 5KV meg -ohm meter shall be used on all 4160V rnotors.) Copper DC resistance tests, phase -to- phase, on rotor winding from slip rings shall be performed. If the rewound rotor fails to pass any test, the rotor shall be rejected. The Contractor shell rebuild and retest until all tests are approved by the City. 8, PUMP RECONDITIONING a, Disassemble and clean. b. Replace seals and ball bearings per EASA Standards. Vendor shall use only manufacturer - recommended bell bearings and mechanical seals. c, Change oil, d. Testwfndings and rewind as necessary. e. Reassemble and test.. f, Document and photograph all conditions before and after disassembly, seal and ball bearing replacements and final testing, g. MACHINE WORK Machine work shall apply to, but not be limited to, the drilling and tapping of broken bolts, the repairl'ng of damaged locking rings and stators, the replacing of power cords, power cord assemblies and power cord connectors and repairs to impellers, covers, volutes, mounting rails, bearing journals, and pump shafts. t0'. QUAL'tFlOATIONS a. All electric motor repair shops shall be EASA Accredited and shall provide a copy of the certification upon request by the City. Failure to provide a sub - contractor that is an EASA Accredited Member as apart of the proposal may be.grounds for proposal rejection. b. Contractor or Contractor's subcontractor shall be certified :as an UL Facility and shall provide a copy of the certification upon request by the City.. c. Contractor shall be responsible for obtaining all O.E.M technical documents, drawings and parts when necessary, d. Contractor shall have all engineering, design, metaiizing, welding, heat treating, machining, balancing, calibrating and testing capabilities necessary to completely refurbish /rewind electric motors. e. Equipment used for inspecting, calibrating and testing pumps and motors shall be up -to -date and have calibration certificates, less than one year old, traceable to NiST standards where applicable. 11, DOCUMENTATION All work performed to recondition, repair and /or rewind motors shall be supplemented with reports that verify all processes to accomplish each job order. Documentation shall Include, but is not limited to, the following: a. Pre- Disassembly Testing report for all activities as described, b. Photo documentation of existing condition prior to fulfilling each described criteria of the disassembly test. c. Motor Disassembly report, including photo documentation before and after cleaning. 25C -16 CITY OF SANTA ANA RFP NC.: 1.6 -090 WATER WELL, PUN/11? AND MOTOR REPAIR SERVICES d. Motor Inspection report, including stator core loss testing results. Photo documentation or, coils, windings and conductors showing any signs of excessive wear or failure. e. Mechanical fit measurements shall be recorded as specified. Photo documentation shall be submitted for all replaced bearings, grease, fittings, plugs, eto, f. Rotor balancing report as specified. g. Insulation report: as specified above; Before and after photo documentation of the windings prior to varnishing and baking.. h. Final test report as specified. i. Pump Reconditionfng report as specified. All testing, inspections and Incidentals related to required reports shall be considered included within the bid items for said testing report and no additional compensation shall be allowed. C. Security Requirements Public Works Agency field representative will unlock the Public Works Agency facilities entry gates on the first. day of work to allow Contractor access. Contractor shall then supply their own pedlock(s) for entry gates to all Public Works Agency facilities. Contractor's padlock(s) shall 'lock onto the Public Works Agency's padlock connecting to the chain -link, which enables both the Public. Works Agency field representative and Contractor to unlock the entry gates. After completion of work, padtock(s) shall be removed by the Contractor. Contractor andlor subcontractors shall notify the Public Works Agency field representative upon arrival and departure to or from jobsite. D, Parts, Materials and Warranties The Public Works Agency will reimburse the Contractor for the cost of repair parts materials, and replacement equipment, plus 1.5 percent markup, provided the Contractor hasobtained`the'CltjPs prior written approval of Contractor's. written astimate. All replacement equipment shall be approved by the Public Works Agency price to the purchasing or the equipment. The Contractor shall provide manufacturer documentation to the Publtc Works Agency for any replacement :equipment, The Contractor shall submit an invoice with attached applicable receipts for a particular job to the Project Manager, The Contractor shall assure that all materials, parts, and workmanship supplied shall be free from original or developed defects. Contractor shall provide a minimum of one year warranty for materials, parts and workmanship. Should original or developed defects and/or failures appear within the minimum warranty of one year after work completion, Contractor shall, at Its expense, rectify such defects and /or failures and make all replacements and adjustments that are required. Corrective work shall be performed by the Contractor and given the highest priority after Public Works Agency's notification to do so, and shall be completed to the satisfaction of the Project Manager, The Contractor shall proceed diligently to complete said work within the time allotted as approved by the Project Manager. E. As- Needed Repairs At the direction of Project Manager, the Contractor shall provide a written estimate including labor and parts, materials and equipment needed to perform the As- Needed Repairs. Upon written approval from the Project Manager, the Contractor shall perform the As- Needed Repairs. The cost for parts and materials will be paid in accordance with the Section D above. 25C -17 CITY OF SANTA ANA RIP NOi : 16 -096 WATER WELL, PLIMP AND I40TOR. REPAIR SERVICES At its sole and absolute discretion, Public Works Agency reserves the right to obtain services from other sources to complete anyAs- Needed Repairs, F. Add itlonal'Work[Location All additional work provided herein shall commence on the ,specified date established. The Contractor shall proceed diligently to complete said work within the time allotted. Additional work/locations may be added during the Contract period. Upon request by the Project Manager, the Contractor shall provide a written quotation for any additional werMoca4on(s), based on the rates quoted in Exhibit C. The Contractor shall be paid for additional work/locations in accordance with the rates submitted. Upon Contract Manager's negotiation and acceptance of the Contractor's written quotation the additional. work /location(s) may be added to the Contract by amendment or change order. G. Hours and gays of Service Contractor shall respond within 24 hours' notification to an authorized Public Works representative's service request. Hours of service will be primarily Z a.m. to 5 p.m.., Monday through Friday, each week. The Project Manager may alter the hours and days of services when necessary. H. Utilities The Public Works Agency will not provide utilities. 1. Storage Facilities The Public Works Agency will hot provide storage facilities for the Contractor. The Public Works Agancy will not to liable or responsible for any damage, by whatayer means., or for theft of materials or equipment on the Jobsita. J. Removal of Debris All debris derived from these services shall be removed from Public Works property and become the property of the Contractor. The Contractor shall dispose of all debris from these services in a legally established area appropriate For type of debris being disposed. Disposal shall be at the Contractor's expense. The Contractor shall not allow any debris from its operations under this Contract to be deposited in the storm drains and /or gutters in violation of the National Pollutant Discharge Elimination System. K. Special Safety Requirements All Contractor's operators shall to observe all applicable State of California Occupational Safety and Health Administration (CaVOSHA) and Public Works' safety requirements white at Public Works job sites. Hard hats shall be provided by Contractor and shall be worn at all times. Suitable clothing, gloves, and shoes that meet Cal /OSHA requirements are required. L. Additional Responsibllitles of the Contractor 25C -18 CITY OF SANTA ANA RFP NO_: 16 -090 WATER QUELL, PUMP AND MOTOR REPAIR SERVICES Contractor and or Contractor's subcontractors must possess and maintain the following active and valid licenses as applicable to individual subcontractor: 1, State of California Water Well Drilling Contractor's 0-57 License or Contractor's "A" License. 2, State of California Limited. Specialty Contractor's C -61:;. subcategory Machinery and Pump Contractor's D -21 License. 3. Have a minimum of five years of experience performing groundwater wells and pump pulling services. If a Subcontractor is used, Subcontractor must also have a minimum of five years of experience performing services as stated above. Also, the Contractor's project manager(s), and Subcontractor's project manager(s), If any, must have a minimum of five years of experience performing groundwater wells, pump pulling services, video inspections andlor motor repairs. In addition, the Contractor's project manager(s) and Subcontractor's project manager(s), If any, must have the following certifications: 4. State of California Division of Occupational Safety and Health Administration Hazardous Waste Operations Emergency Response (HAZWOPER) Certffication 5. National Ground WoterAssoolation (NGWA) Certification —Pump Installation 6, Electrical Apparatus Service Association (EASA) Accredited Member Status Provide all labor, equipment, materials, tools, and supervision required, to perform as- needed pump pulling and machines repair services. All material, parts, and equipment shall be new,, high grade, and free from defects. Such products shall conform to all Federal, State, and local regulations as they relate to water wells services. Obtain all necessary City County, State, and Federal permits andlor licenses for 'Contractor's activities at no cost. to the ,Public Works Agency, immediately notify Public Works of any changes 'fn, the Contractor's insurance, permits, and licenses. Failure to do so may result in the immediate termination of this Contract for default. Utilize protective clothing and equipment as required by Cal(OSHA andlor other regulatory agencies, M, Prevailing Wage The Director of the Department of Industrial Relations of the .State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http:[/www.dir.ca.gov/. The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. 25C -19 FEE PROPOSAL p 25C -20 CITY OF SANTA ANA RFP NO.: 16 -090 WATER WELL, PUMP AND MOTOR REPAIR SERVICES "HiBI w B PROPOSERS CERTIFICATION and PROPOSAL. ITEM PRICING The Project shall consist of rehabilitation of Well No, 30. The highest rated firm shall be selected as the firm that will receive an opportunity for the work with bid Items listed. Separate bids shall be requested for future work from the three (3) highest firms that are awarded a contract. Site: Well 30 Motor: Yaskawa 150 hp, 3ph, 480VAC, Frame BSU -444TP Exiting Pump: Water lube , 14FHC. 3STG, 200 feet overall length, 12 -inch diameter, 20 -feet sections Well; 18 -inch casing, 989 feet deep, Johnson's Hi -Cap Housing: None Location: 4426 West First St, Santa Ana General IX. Unit X, Quantit Price Total Installation of motor, discharge LS 1 8,000 8,000 head & pump Bowls performance certification Ea. 1 Sound attenuation (see note 8) LS 1 1000 25C -21 CITY OF SANTA ANA RFP NO.: 16 -090 WATER WELL, PUMP AND MOTOR REPAIR SERVICES terminals or lugs 1 15 Tellus 68 oil LS 1 15 15 Rewinding of Electric Motor LS 1 3,000 3,000 Well Work Mobilization &set -up __ 1 0 0 2 0 Under Water video of well (before) 1 1 Wire brushing of well section underwater & perforations Ea. 1 3 000 3,000 Chemical treatment during wire brushing (optional) 2 LS 1 120,000 20,000 Bail & dispose of all dirt & debris Set 1 2,000 2,000 SONAR Jet of perforations (420 feet, three intervals) 3 LS 1 5,000 5 000 Under Water video of well (after) LS 1 1,100 00 Demobilization &pick -up LS 1 ___9aa _1M Proposed new pump: Make: National Model No.: H14MC , GPM: 3,000 TDH: 165. Eff.: 1. Motor refurbishing includes shop work, labor and material to perform the following: disassembling, steam cleaning, Inspection, replace bearings, heaters, dipping (one thin layer, baking, reassembling, testing) 2. Chemical treatment during wire brushing will not be used in the evaluation of the bids. if chemical treatment is applied, the bid price must include cost of the chemicals, chemicals handling (application & mixing), used chemicals neutralization and disposal 3. Sonar Jet must be performed by SONAR -Jet by Water Well redevelopers, Inc. (714) 632 -7003 4. Chemical treatment during wire brushing will not be used in the evaluation of the bids. If chemical treatment is applied, the bid price must include cost of the chemicals, chemicals handling (application & mixing), used chemicals neutralization and disposal 5. Pump base will be replaced, and attached to existing discharge pipe, if welding is needed, will be bill at time and material 6. Concrete around the pump base will have to be removed and replaced. 7, New Stainless Steel line for sounding will be provided and installed, with necessary mounting brackets, and one gauge calibrated for sounding. 8, Sound attenuation shall be required for major work. Sound attenuation for engine noise shall be limited to a maximum of 75 d6(A) at 23 feet when operating at full rated load. Sound proofing solution to be approved by the Engineer. 25C -22 ONNNNAL PUMP 159 N. ACACIA STREET • SAN DIMAS, CA 91773 PHONE: (909) 599 -9606 • FAX: (09) 599 -6238 WELL do POMP SERVICE SINCE 1952 Lic. #496765 Rates below have been Discounted 15% for the City of Santa Ana (Effective January 1, 2016) 3 -Man Crew & Standard Pump Pulling Rig ........ ............... .. .............. ...:......... .... $35175 per Hour IOperator & 40 -Ton Crane .......... ....................... ......................... ..................... .. $280.50 per Hour I -Man Crew, Service Support Rig for the 40 -Ton Crane...: .. ............................... $127.50 per Hour 2 -Man Crew & Combination Rig ....:.... ......... ......... ..... ___ .... __...... $276.25 per Hour 2 -Man Crew & Standard Pump Pulling Rig ........ . ... ....................................... ..... $271.15 per Hour Wire Brush or Swab Rental ................. ..... :... ............................. ................................. $493.00 Each Flatbed Truck & Driver ....... ....:. ......... ......... ........... .......................:$123,25 per Hour Rotary Crane (up to 17 -ton) & I- Man Crew ................ :. .............. ................. . $187.00 per Hour Rotary Crane & 2 -Mari Crew.... .......:: ....................... .. ............. ____ ........ $271.15 per Hour Service Truck & 1 Pump Mechanic, Electrician or General Services .................. $124,95 per Hour Service Truck & I Pump Mechanic & helper ................. ............ ......... ....... ....... $225,25 per Hour ShopLabor —Pump Mechanic ................................................. ............................... $89.25 per Hour Shop Labor — Machinist or Welder ........ ................. .... ............................. ... ..... ....... $89.25 per Hour Overtime & Saturdays.. .... ____ ....... ...... ......................... ............ ... Add $46.75/Man Hour Sundays & Holidays ............. :.......................... ........... .......... ................... Add $93.50 per Man Hour Control & instrument Specialist ......... ........ ................... ..............$13090 per Hour Additional Helper...... ......... ......... ........................: ......... ....... $89,25 per Hour Video Log -Color with Downhole and Side- Scan.:,.,. ........... ............... $1,020.00per DVD Re -Video Log — Color with Downhole and Side -Scan ......... ..................$935.00per DVD Dynamic Video with Mini Camera ..........:..:,. .............,..:.............. .......:....,........$1,657.50 per DVD Dynamic Video with Engineering or Hydrogeology Support ..... ...................:..$2,337.50 per DVD Test Pump -- Above 300 -Hp Engine ......... ......... - . ........... :.......,.......... $272.00 per Hour Test Pump —Below 300 -Hp Engine ......... ......... ......... ......... ........ $233:75 per Hour I -Man Crew & Chemical Distribution Trailer, with Safety Equipment .............:. $208.25 per Hour Engineering and Hydrogeology Support...: ....... ............................... ..,,.......,..,,......,.....Par Job Basis FIELD RATES ARE PORTAL TO PORTAL For additional information on General Pump Company, Inc. or to speak with one of our qualified Engineers, please contact us at: GENERAL PUMP COMPANY, INC. 159 North Acacia Street, San Dimas, California 91773 Phone: (909) 599 -9606 e Fax: (909) 599 -6238 r E -mail: engineering as genpump.com 25C -23 25C -24 AGREEMENT TO PROVIDE WATER WELL REHABILITATION SERVICES ON AN AS NEEDED BASIS THIS AGREEMENT is made and entered into this 15T14 day of November, 2016 by and between WEBER WATER RESOURCES, LLC. ( "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 August 16, 2016, the City issued Request for Proposal No. 16 -090, by which it sought contractors to provide water well, pump and motor rehabilitation and repair services for the City of Santa Ana Public Works Agency Water Resources Division, B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No, 16 -090 and attached herein 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 terns and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES On an as- needed basis, and at the sole discretion of City, Contractor shall furnish the services as set forth in Exhibit A, to this Agreement. Contractor's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total annual sum to be expended under this Agreement shall not exceed $400,000. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work perfonmed, 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 and Scope of Work, which may reasonably be expected by City. EXHIBIT 2 2P C -f5 3. TERM[ This Agreement shall commence on the date first written above and teiminato on November 30, 2019, unless terminated earlier in accordance with Section 16, below, The term of this Agreement maybe extended for an additional two (2) year period, upon a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire tear of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, 5. OWNERSHIP Or 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 lin ited 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 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial Cencral 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 fiiom any Page 2 of R 25C -26 act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following; single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, 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 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 selfinsuranoe, 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 acrd omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate, U. 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) 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 iaintain 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 Agreetarent. 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 Page 3 of 8 25C -27 indemnify the City for any work performed, prior to approval of insurance by the City. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, acid 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 Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in Us Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor fixther 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 Agrecment. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor'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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL, PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement, 9. RECORDS Contractor shall keep records and invoices in comrection 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 Page 4 of 8 25C -28 (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 infornation of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11, CONFLICT OF INTEREST CLAUSE Contractor 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, 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 Fred.Mousavipour Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1.988 Santa Ana, CA 92702 page 5 of 8 25C -29 To Consultant: Fax 714 -647 -5622 Weber Water Resources, LLC 237 W. Orange Show Lane San Bernardino, CA 92408 Fax 909.386 -1259 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 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 arrd any attachments 'hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which 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 hrterest 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. WAIVER No waiver of breach, failure of any condition, or any tight or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not Page 6 of 8 25C -30 similar, nor shall any waiver constitute a continuing waiver unless the writing so specifics. 16. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17- NON - DISCRIMINATION Contractor 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 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. 18. 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. 19. PROCESSIONAL 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. Page 7 of 8 25C -31 30. 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 indenmify 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 hilly 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. CARVAI.I -IO City Attorney By: V, =1.�,_ 11N M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager WEBER WATER RESOURCES, LLC NAME: TPI'LE: Page 8 of 8 25C -32 L..ILWUJ,t_Y'1 CITY Of'$ANTA ANA RrP NO.r. 1&090 WATER WELL, PUNIP AND NIQTOR REPAIR SERVICES AjSiMtoilfitX .r_........ ��_.___._.._..._ ATTACHMENT 1, SCOPE OF WORK A, General Uescrrptlon 'rho Contractor shall provide water well casing, pump and motar rahabiiHation; repair, replacement and related services for the City of Santa Ana at various locatfons within the City. The general scope of services is described below„ 6. Work Description The Contractor shall provide all necessary Supervision, labor, materials, tools, and equipment to perform pump pulling and installations, water well rehabilitations„ wall casing repairs and installations, water well video Inspections,, electric motor repairs, electric motor wew €rl irl.gs,F,and repair services en various types of pumps and,motom, on an as assigned basis, at various locations throughout the Clty. The Contraotor shall meet with the Watat Production project manager prior to starting any work at the worksite, Access to the worksite shall be controlled by the Public Works Agency according to the saaurlty standard; in place at that time, The Contraotcr's services shall Include, but are not necessarily I €mitedto,thefbllowing: The Contractor shall provide transportation for Its heavy duty equipment, such as, but not limited to, drilling rig, pump rig, flatoed truck, boom truck, tractor trailer, as requested by th:e Ot'y to and from. Contraetor''s facility to eaclh Water Production worksite, All electric motor repair work shall be transported by the Contractor to art, EASA Accreditod Member facility for repair and roturne.d to the City when repairs ate complete All. water dtsohargW shall be through an NPI)ES'facility approved by the Project Manager, It shall be the Contractor's: responsibility to propose a method to discharge water that is f Pk7ES compliant and may € nclude melh:pds such as water d'etentioh through storage tanks. or other conforming stratsgies. 1, PUMP R, MrCVALIJNSTALLATION SERVICE The Contractor actor shall be qualified td gorforrn water well pumps removal and installation. Attha Initial setup W pulling..,.a well pump,. the Contractor shall perform I'ockout/tagout of the electrical find hydraulic systems. 2, WELL PERRORMANGC TESTING SERVICE The Contractor shall be qualified to perform wall perfbrMance testing. After initial well performanoe testing setup, ail testing data shall be given to the City representative upon completion of testing, The Contractor shall fumish and Install t he development engine temporarily used to power the test pump process to flush. out all send and small grit out of the area around the well to prevent clogging of the. distribution systam> All water discharged shall be through an approved facility approved by the Project Manager. The Contractor shall provide the Project M'anag'er with AS evaluation and recommendation, Including cost estimates per project, AA testing work shall be subject to the Project Manager's written approval prior to commencing any work by the Contractor. Wall performance tasttng.shall by done in accordance with AWWA A100i97 standards. 3. WATERWORKS PUMP REPAIR SERVICE The Contractor shall be qualified to repair of one or.more of the following pump units: 25C -33 CITY OF SANTA e'yNA RFP Nth,: 16 -090 WA'TFR WELI, PUMP AND MOTOR REPAIR sr- RvICES submersibles, bposters, horizontal split case, wolf turbines, and engine. water., Repair of all pumps may include, but not limited to, line shafts, bearings, right•ongfta•gears, housing /frame, column pipe, complete rebuild: of pump /motor unit, motor rewinding., shats, impellers, rotcr shaft, power /control cable attachments,. thermal /mofsturo sensors, and all other appurtenant components. Furnish new replacement SWIM natural gas or diesel -run engines, generators, equipment housings, and appurtenant and service pump. vertical turbine pgmps,,wall amps, n°totgrs, -and. mocimigal .slams as needed. Repair parts including, but not limited to, radiators, starters, water cooling pumps, gear drives, etc. The Contractor shall provide the C'roject Manager with its evaluation and r000m,m,endation, Including cost estimates per project. All hapalrwirrk shall be subject to Project Manager's wrifteh approval p6dr to commencing any work by the Contractor. The Contractor shall pickup and deliver pumps and motors (booster pump) for repairs from all sites requested. 4.. WELL VIDEO SURVEY SERVICE The Contractor shall be qualified to perform water wolf Moo 'Inspections using color vfd'eo equipment with side scan and down -hole survey views. Videos shall be produced in DVD format In standard definition with a pixel resolution of 640 x 480 pixels or at higher resolutions, Ability to perform these surveys at higher resolutions will be. given higher consideration. The video survey unit shall simultaneously transpose the City's name, well name, footage and the date of inspection on the monitorscreen and the video record, A footage countor /raccrder shall read in feet and be accurate within '2 percent of the actual footage,. The vided survey camera shall be capable Of right angle or normal downhole viewing with a change in camera lens or mechanical movement of °the camera, At the direction of the City; the Contractor roust be able to provido right.angls vloMng to vlow any casing. section In a direct elevation view, 5, WELL REHABILITATION 4NO TREATMENT SERVICE The Contraotorshalt be qualified to provide well rehabilitation and treatment servibee. Furnish all portable engine- drivarY pumps, necessary to perform well redevelopment and fehabliltation, Costs too temporary piping, sound proofing,, and related equipment..require approval by the Project Manager. To perform these tasks, the Contractor' `shall have thie capability to perform Mineral analysis, ch6mfcal treatment, water quality testing, zone testing, well rasing patches and similar casing repairs /improvements, and mechanical treatment on wolf casings. All ,chemicals used In treating wells shall' be State approved for the purpose:. intended; must be National Sanitation Foundation (NSF) approved, and Public Works approved for quantity and concentration, The Contractor's estimates shall Include the typical type and concentration of chemicals (acids, Inhibitors, polymers, neutrallzars, etc.) to be used; the typical appropriate contact time for the nhernlcals; and the typical procedurefor Introducing, mixing, and neutralizing chemicals in the well. In addition, the name(s) and phone numbers of any company(ies) that will supply the treatment chemicals shall be provided. Completed Material Safety Data Sheets (MSDS) for all chemicals used shalt include the methods of mechanical treatment (dual swab, Wrotnylon brush, sonarjetting, etc.). 6. ELECTRIC MOTOR REPAIR ANO REFURBISHMENT The successful .Contractor shall provide all transportation, labor,, materials, tests and equipment, 25C -34 CITY OF SANTA. A.NA,. RF? NC,; 16.090 WATER WELL, .PUMP AND MOTOR REPAIR SERVICES dellverylplck up for the repair and refurbishment of electric motors and perform any recondition or rewiring as.nocessary to return the equipment..fuliy operational, All electric motor repair shall lie done in arc EASA Accredited Member service shop, no exceptions, a. All work shall he in accordance with the Electrical Apparatus Seruice Association's (EASA) Recommended Practice, AR100.2010 latest edltlprt and the National Elsotricai Manufactarrprs Association (NEMA) standards fair servl6'a and repair of eiectricat apparatus, b. Work shall be In conformance with standards start by, but not limited to, the following organizations; 1, Underwriters Laboratories (UL) a. Underwriters Laboratories — Certified motors shall be recertified after repair. b. Contraptor`s shop or his sub- contragtor's shop shall be UL- certified to rebuild explosion proof electric motors for use in hazardous environments, 2, American National Standard's Institute (ANSI) S. American Society for `nesting and Materials (AS TM) 4, National Electrical Code (NEC) 5. National Fire Protection Agehcy (NFPA) 3, National Electrical Manufacturers Association (NEMA) Rpoondition /Repair of Klootric Motors Reconditioning /repair of electric motors shall include the testing„ disassembling, inspeellon, gl'Qaning, dipping:, baking of' windtrtgs,`repiaoQmmi:of bearings, assembly; testing and painting and At minimum Include the tollaawlnga a. Pre,DisassenibfyTest 1, .Using a 1 pOQV meg -ohm meter, conduct verification of insulation integrity, Record the Insulailon resiskanc ..ofthe motor as brought In frorn, the Clty, Adoptable criteria, is S Record or higher, 1 . Vorify that heaters are operational and that other attached features, such as thermocouples;, have conlinulty. 3, single- -phase test to check for open rotors. (After disassembly, rotors Will be inspected for evidence of damaged, cracked or open Circuit bars or and rings, If there is evidence of faults, the rotor will be grovVPfested.) The detection of any defect during testing shall be reported promptly to the Engineer 4, Documentation covered under this section shall Include the condition of mechanical fits (Le, shaft run out), cracked, broken or missing parts, test run at full voltage, current readings, Meg reading and surge comparison test as received,. The Engineer shall be notified if acceptable criteria are not met. b. Motor Disassembly 1. Completely disassemble motor and steam clean all mechanical parts using a mild detergent compatible with winding insulstion.; thoroughly rinse; bake dry. 2. Disassembly documentation shall Inolude the cause of failure and /or conditions contributing to failure. of Motor Inspecction 25C -35 CITY OF SANTA AAA UP N0;:16 -090 WATER WELL; PUMP AND MOTOR REPAiR. SERVICES 1. Visually Inspect cclis and windings for excessive wear, signs of conductor overheating or fatigue that possibly would Riot, be apparent during an Olectrixal test, 2, All stators shall be surge- tested with an electronic surge tester speelfically designed to apply a surge voltage stress test simultaneously between turns of a 0.011, between phases, from winding to drourid and to detect short- circiuited turns In winding under test, Testing shall be per EASAJEEE 63;2,11,2 and 729 standards, infrared imaging shall be provided, pre and post test, d, Mechanical Fit 1. Measure the bearing bores, shells, housings and shaft journals using a micrometer. Shaft fits and housing fits shall comply with ARIOO- 2'015, Machine work shall be approved by the Engineer before being performed or machine work may not be paid for,. Dearing journals, seal surtacss and bearing housing restoration shall be done by metalizing and machining or boring and cleaving. Documentation of before and after measurements shall be made. 2. Replace bearings per manufacturer's specifications. All grease fittings, plugs, eto, shall be replaced unless otherwise Indicated by the Engineer. Bearings shall be properly lubricated and bearing all reservoirs shall drained for shipping and Installation. The Contractor shall be responsible for filling the bearing oif reservoir upon installation. All equipment shall be tagged with information as to whether or not bearing all reservoirs were filled and what type of lubricant was used, e, Rotor Balancing 1, All rotors of motors rated at 50 HP/360011900 RPM and above shall be dynamically, balanced, with the rotor running at rated speed where practical, but not less than 690 RPM in the balance stand, The balancing speed shall also ber rapid enough so the balance machine sensitivity can reliably measure the maximum allowable residual unbalance. 2. A printout tape from the balance /analyzer shall be furnished dotalling the final balance values„ Thls tape will be attached to the reccnditi'onlrepair /rewind documents when the motor IS delivered. f. rurdtar Leads Motor leads shall be permanently tagged with non- m.agnetlo markers, Motor lead configuration shall not be.altered. g, insulation L Winding%Shall be doublardipped with Class H varnish and baked, 2, Machine-flnished surfacas bore of the stator lamination and periphery of. the rotor larn(riations shall be cleaned:of all varnish and foreign materials. Photo docurhantation of this process shall be made prior to and after iarnInation, K Final Test 1. A 1000 volt ineg -ohm meter shaft be used to verify insulation continuity. This readl'ng shall be documented. After teastembly, motor .shall be test -run at rated voltage and frequency. No load voltage and phase currents shall be recorded. Vibration mils displacement shall be measured and recorded in the horizontal, vertical and axial planes on both ends of the: motor, or top and bottom of vertical motors and documentation of current reading and vibration readings shall be provided to the Englri aor. 2, A 6KV meg -ohm meter shall be used to verify insulation continuity of all 4160V motors. I. Paint 1. Exterior of motor shall be properly cleaned of rust and foreign material, prime painted and finish painted with a good grade of machinery enamel, the same color as received unless otherwise specified, Nameplates„ machined sudf oas and internal parts shall be protected from paint. 25C -36 COX' OF SANTA ANA g.1# P NO,: 16-090 WATER WELL, PUMP AND MOTOR REPAIR SERVICES 2, When needed,, the interiors of motor frames and parts shall be painted with an Insulating paint, This InoNdes rotors, bf arittg brackets,, frame interiors and air deflectors. Windings shall (rot be painted., J. .Inctdantals 1, in. the event that the motor is in poor condition and cannot be repa.lred, reconditioned or made as new„ the Contractor shall notify the Engineer Immediately, 2. All Incidental parts requiring replacement, such asbearings, colts, eta, shall be considered included, in other Items of bid and no additional compensation shall be allowed. 7. REWINDING OF ELECTRIC MOTORS When rewinding Is done In conjunction with a recondition or repair, many of the items below will be redundant and shall not be performed or charged for twice. The items below apply to stator only (including all labor, materials and testing necessary for worlq completion) and shall at a minimum include: a, Pre- Oleassembiy Test 1. Using a 1000 meg -ohm meter, conduct verification for insulation integrity. A'cceptabie oriteria is 1.6 meg -6hrns or higher, 2. A 5KV meg -ohm meter shall be used to verify Insulation Integrity of all 41 RV motors. 3. Verify that heaters are operational and other attached features such as thermocouples have continuity; 4, Pre - disassembly dOOLimentation shall include the condition of mechanical fits (i.e. shaft run out), cracked, broken or missing parts, test run at full voltage, current readings, meg reading and surge comparison test as rooeived, The Engineer shalt be notified if ecoeptable criteria are not met. b, Stripping 1, Wind'fagoshall be torrioV64 by burno_uj With oven temperature suppressIon. Burn -.out Lemperature shall not exceed 760 degrees. Fahrenheit, z Windings shall Tae. removed in such a fashion not to damage or.diplort the core iron., Upon removal of the bid windings and inbutatioh, the core shall be'thordughly cleaned and inspected, for burro, etc. 3. After the burnout procedure, the Contractor shall perform a stator core loss test to ensure the stator laminatior,s:are not,heak damaged,. If the .stator core losses. excr ad four (4) Watts per pound of care steel, notify the Engineer prior to proceadi rig. forward, c. Winding 1, General: Rewound motors shall meet or exceed,all Q,E.M. operating characteristics, unless otherwise specified by the Englader, NEMA Class F Insulation shall be, used, unless otherwise specified. Magnet wire shall be .a Quad Build, insulated wire of domestic manufacture that meets or exceeds NEMA specification MW -36A, After winding and prior to resin treatment, windings will be surge- comparison tested and the results documented, 2. The copper cross - sectional area shall be at least as large as the original winding, 3. Resin Treatment: Windings shall be double- dipped with Class H varnish and baked, 4, Check all coils for ovorall ocll shape. Perform a high frequency turn -to -turn dielectric test (surge Lost) in acoordance with ICEE 522. Submit test results to the City, This shall be done. prior to Installation Into the stator. d. Motor Leads, Motor lead's that are replaced must be the same length and configuration as the original leads; Leads will be permanently tagged with.non- magnetic; markers. Lead lengths shall be identified by the City when a request for service is made, 25C -37 CITY OF SANTA ANA RrP NO,: 16-090 WATER WELL, PUMP AND MOTOR. REPAIR. SERVICES a. Insulation; Windings shall be double- dipped with Class H varnish and baked. Insulation shall be tested phase- to-phase -and phase -to- ground at 1.000 volts do and yield a ogre minute test result of 1,004 rheg- ohms or better, Final Twit: A 1000 volt r'rieg -dhm realer shelf be uaed to Verify insulation dohtlhulty, This reading shall be documented, After reassembly, motor shall be test -run at full ventage arid documentation of current reading and vibration readings shall be. provided to the and user. (NOTE: a 6KV meg -ohrn motor shall be used on all 4160V motors.) Copper DC resistance tests, phase -to- phase, on rotor winding from slip rings shall be performed, If the rewound rotor fails to pass any test, the rotor shall be rejected, The Contractor shall rebuild and retest until all tests are approved by the City, 9. PUMP RECONDITIONING a. Disassemble and Olean. b. Replace seals and ball bearings per EASA Standards. Vendor shall use only manufacturer• recommended: ball bearings ,and mechanical seals. o, Change oil.. d. Test windings and rewind as necessary. e. Reassemble and test,. f. Document and photograph all conditions before and after disassembly, seal and ball bearing replacements and final testing.. 9. MACHINE WORK Machine work shall apply to, but not be limited to, the drilling and tapping of broken baits, the repairing of damaged looking rings and stators, the replacing of power cords, power cord assemblies and power cord connectors and ropafrs to impellers, covers; voluted, mounting nits, bearing Journals, and pump shafts. 16, QUALI'FICATiONS a. All electric motor repair shops shall be EASAAocradited and shall provfde a copy of the codifloation upon request by the City: Failure to provide a subocontracter that is an EASA, Accredited Member as a part of the proposal may be grounds for proposal rejection,. b, Contractor or Controctor's, subcontractor shall bo certified As an UL. Facility and shall provide a .copy of the oertifte6tion'upon request by tare City, c. Contractor shall be responsible for obtaining all O.E.M. technical documents, drawings and parts when necessary, 0, Contractor shall have all englnoering, design, metalizing, welding, heat treating, machining,, balancing, calibrating and testing cap.abliities necessary to completely refurbish /rewind. etectric motors. e. Equipment used for tnspecting, calibrating and testing pumps and motors shall be up -to -date: and have calibration certificates,, less than one year old, traceable to NISI standards where applicable. 11, DOCUMENTATION All work performed to recondition, repair and/or rewind motors shall be supplemented with reports that verify all processes to accomplish each Job order. Documentation shall include, but is not limited to, the following: a. Pre- Disassembty Testing report for oil activities as described. Jo. Photo documentation of existing condition prior to fulfilling each described criteria of the disassembly test. G. Motor Disassembly report, Including photo documentation before and after clashing. 25C -38 CITE OF SANTA ANA. RFP N.4,.: 16.090 WATER, WELL, PT.TMP AND MOTOR REPAM SERVICES d, Motor Inspection report, including stator core loss testing results. Photo documentation of coils, windings and conductors Showing any signs of sxoesslve waar Or failure, e, Msohanical fitmeasurements shall be recorded as Specified. Photo documentation shall be submitted. for all replaced beartngs, grease flit'ings, plugs, etc. f, ROto'rbalahrfhg'report as specified, g. Insuletlon report as specified above, Before and after photo dooumantatfon of the windings prior to varnishing end baking, h... Final teat report as specified, I, Pump Ragondltlonfng report as specified, All testing, Inspections and incidentals related to required reports shall be considered included within the bid items for said testing report and no additional compensation shall be allowed.. C. Security Requirements Public Works Agency field representative will unlock the Pubflc Works Agsnoy facilities entry gates on the first day of work to allow Contractor access. Contractor shall then supply their own padlock(s). for entry gates to elf Public Works Agency facilities. Contractor's padiock(s) shell look onto the Public Works. Agency's padlock connecting to the ohaln -link, which enables both the public Works Agency ffeid representative and Contractor to unlock the entry gates;. After completion of work, padlock(s) shell be, removed by the Contractor, Contractor and/or subcontractors shall notify the Pvblio: Works Agency field representative upon arrival and departure to or fromfobafte. 0. Parts, Materials and Warranties The Public Works. Agency will reimburse. the Contractor for the cost of repair {darts, materials, and replacement equipment, plus 15 percent markup,, provided the Contractarliasokrtained' tt e Ctt's �ztier written approve! crf :Contractor s written estimate. All replacement equiprmm�t shalt pe approved byifha Public Works Agenoy prior to the purchasing of the equipment. The Contractor shall provide manufacturerdacu Orntatfon to the fublteWorksAgencyfor any raplaaament agiaipment, The Cantraakor shall submit an Invoice with attaelied apptidable receipts fora partiauiarjob to: the. P'rajoct Manager,. The .Contractor shall.assure that all materials, parts,, and worlamanship supplied Shoji be free from original or developed defeats.. 'Contractor shall provide a minimum of one year warranty for materials, parts and warkmanshfp. Should orlgihai 6?devaloped defects andlor failures appearwithtn the minimum warranty of one year after work completion, Contractor shall, at its expense, rectify such defects and/or failures and rMQM3 all replacements and adjustments that are required, Corrective work shall be performed by the Contractor and given the highest priority after Public, Works Agency's notification to do so, and shall be completed to the satisfaction of the Project Manager, The Contractor shall proceed diligently to complete said work within the time allotted as approved by the Project Manager, E, As- Needed Repairs At the direction of Project Manager, the Contractor shall provide a written estimate including labor and parts, materials and equipment needed to perform the As- Noodod, Repairs. Upon written approval from the project Manager, the Contractor shall perform the As- Needed Repairs, The cost for parts and materials will be paid In accordance with the $action D above. 25C -39 CITY OF SANTA ANA RFP NO„ 16.090 WAITER WELL., PUMP AND MOTOR REPAIR SIMVIC.'ES At Its sole and absolute discretion, Publk; Works Agency reserves the right to obtain services from other sources.to contpleteanyAs•Noaded Repairs.. F, AdditlonafWork /L,ocatlon All addltionaf work provided herein shall commence on the specified date established, The Contraotor shall proceed diligantty to complete said work within the. time allotted. Additional work /locations may be added during the Contract period. Upon request by the project Manager, the Contractor shall provide a written quotation for any additional work /location(s), based on the rates quoted in Exhibit C, The Contractor shall be paid for additional work/locations in accordance wl'th . the rates submitted. Upon Contract Manager's negotiation and acceptance of the Contractor's written quotatton the additional work/location(s) may be added to the Contract by amendment or change order. G, Hours and Days of Service Contractor shall respond within 24 hours' notification to an authorized Public Works representative's service mque,sf, Hours of service will be primarily 7 a..m, to 5 p.m., Monday through Friday, each week, 'The Project. Manager may alter the hours and days of services when necessary, H. Utilttles The Public Works Agency will not provide utilities, 1. Storage Facilities The Public Works Agency will hot p?bvide storage facilities for the Contractor. The PUb'lic.Works Agency will. not bo liable or responsible for any damage, by whatever means:,, or for tiveR of'irwarials or equipment on thejobelte. J. Removal of Debris All debris derived from these. services shall be removed frdm. Public Works property and become the property of the Contractor. The Contractor shall dispose of aft debris frgm these services in a legally established area appropriate for type of debris being disposed. Disposal shall be at the Contractor's expense. The Contractor shall not allow any debris from its operations under this Contract to be deposited In the storm drains and /br gutters In violation of the National Pollutant Discharge Elimination System, K Special Safety Requirements All Contractor's operators shall to observe all applicable State of California Occupational Safety and Health Administration (Cal /OSHA) and Public Works' safety requirements while at Public Works job sites, Hard hats shall be provided by Contractor and shall be worn at all. times. Suitable clothing, gloves, and shoes that meet Cal /OSHA requirements are required. L. Additional Responsibilities of the Contractor 25C -40 CITY OF SANTA, ANA RFP NO,:: 1.6�•090 WATER WELL, .PUMI, AND MOTOR REPAIR SERVICES Contractor and or Contragtar'.s subcontractors must pcesess and maintain the following active and valid licenses a$ applicable to individual subcontractor; 1. State of California Water Well q.rilling Contractor's C -V License or Contractor's "A" License, 2,. State of California Limited�Speciaity Contractor's Q "61r subcategory Machinery and Pump. Contractor's D -21 License. 3, Have a minimum of five years of experience performhg groundwater wells and pump pulling. services. If Subcontractor is used, Subcontractor must also have a minimum of five years of experience performing servicess as stated above, .Also, the . CoMroctor's project manager(s), and Subcontractor's project monager(s), If any, must Nava a minfmum of five years of experience Performing groundwater wells, pump pulling services, video inspections and /or motor repdIrs, in addition, the Contractor's project managers) and Subcontractor's project manager(s), if any, must have the following dortlfications 4. State of California Divtsl'on of Occupational Safety and Health Administration Harardous Waste Operatidns Emergency Response (H'AZWOPER) Certfficatlon "a. NatfonelOroundVVaterAssociation (NOWA)Certiffcattori -Pump Installation g. Eleotrical Apparatus Service Assoolatfan (EASA) Accredited Member Status Proy1de all labor, equipment, materials, tools, and supervision required to perform as- needed pump pulling and machines repair services, All material, parts, and equipment shalt be new, high grade, and free from defects, Such products shelf conform tb all Federal, State, and local regulations as they relate, to water wells. services. Obtain all necessary, City,. County, State, acrd Fedora! perthits and'for.11oansas'for Contractors 00vttfes at no eost ,'to the Public Wprl s.Agenoy. immediately notify Public Works of An.y changes In, Vie Contracton''s Insurance,, permits;, and licenses, Failure to do so may result In the immediate termination, of This Obntraet for default. Utilize protectiva clothing and e4iii'prr4.ent as required by Gal /QSHA and /or other regulatory egengpes M. Prevailing Wage The Director of .the Department of Industrial Relations- of the State of California has ascertained the prevailing rate of per diem wages in .dollars, based on a.workfng day of eight hours, for each craft or type of worker or mechanic needed to execute any construdtion or maintenance contract, which may be awarded by Public Works, The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are Incorporated herein by reference and may be accessed at http;{hnww.di r, da,gov /. The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California,) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by a.ny subcontractor. 25C -41 CITY OF SANTA ANA RVPMO.:W`0VA WATER YYELL,PUNY AND HOTD8 REPAIR SERVICES PROPOSERS CCRTI8CATION and PROPOSAL ITEM PRICING ��� The Project shall consist of rehabilitation of Well No. 30. The highest rated firm shall h° selected as the firm that will receive an opportunity for the work with bid items listed. Separate bids $hw||berequested for future work from the three (3) highest firms that are awarded econtract. Site: Well 30 Motor: Yaokawmi50hp. 3ph.480\AAC. Frame 8SL-444TP Exiting Pump: Water hbe,14FHC'38TG.200 feet overall length, 1Z`inoh diameter, 20-feotsections VV*|/: 18`in^h casing, g89 feet deep, Johnson's Hi-Cap Housing: Nona Location: 4425 West First St.' Santa Ana a ion o mo or, Isc arge LS head & pump GPM at 165 feet TH, high 00 5 5,536.00 5,536.00 [ins 10 Bowls performance certification 4� Ea 1 436 2.600.00 2 00.00 So ) ound attenuation (see note 8) LS I :IJAM. 1 970,00 New complete Pump, 3,000 GPM at 165 feet TH, high Top Bearings (2-7226GM) EEa. efficiency (83. 1 6,648.00[ 0,548,00 5 feet column & Ila, Ea. 2 12-inch I 0-feet column & Jilar 52.25 30,25 r12-iiieh -feet 416 SS 1 11/1 6-inch Ea. 298-00 298.00 1 ine shaft & coupling Set 27000 702000 111�rn-lnch threaded bronze 7 1 retainers J73 2-43-K- _l1MJ_Q0_ Rubber line shaft bearings Ea, 2 27 13.60 foot 1 15/16-inch head shaft Ea. with couRIIN__ 378.00 12-Inch 20 feet of suction pipe Ea. 378.00 378,0 SS 12-Inch suction cone Ea. strainer 0 New discharge head 12" 1 s.2in no I 1810.00 8 0;9Q Sounding Kit Ea. 1 1101.-26 motor work Refurbish 150 HIP, 480VAC,-- Top Bearings (2-7226GM) EEa. Bottom bearing (1-6220) _fw­o 2DU5-- band heaters 115v Three coil thermostat NC or NO Set 298-00 298.00 Set of tin plated copper Set 40.50 40.50 ��«��� ��v���� CITY OF SANTA ANA RFP NO.; 16.090 WATER WELL, PUMP AND MO"T"OR REPAIR SERVICES Mobilization & set -up -____ 1 1 250.00 1,250.00 (v } _�__ Under Water video of well beforo .I ` 1"M10 1,100.00 �" -- --- Wire brushing of well section under water & Ea; �— - _1�1.20,.4d perforations Chemical treatment during wire brushing (opticnaq 2 LS 1 9,100.00 .� 91100.00 _ ._�_..M__ Bail & dispose of all dirt & debris �_ Sot 1 _ 28 350.00 2,350.00 26 350.00 2 350.00 SONAR Jet of perforations X120,faei,,three inter_vais) 3 ( L5 1 �_ �'��'mu0000 - Under Water video of_weli (after) __ LS I� _ 6 ?_,40 00 _6 340.00 Demobilization & pick -up _� y -� LS 1 _ 1.00100- 1,250,00 1,250.00 NO i E - ALL. rr<UNG NULUUtti AIJHLIC:ABLE SALES TAX. Proposed new pump; Make: National PunModel No.: 1114MC , GPM: 3,000 TDH: 165 Eft" 64.6 __ ` NOTE; THIS DESIGN POINT WILL OPERATE IN SLIGHT OVERLOAD WITH 150HP MOTOR. 1. Motor refurbishing includes shop work, labor and material to perform the following: disassembling, steam cleaning, inspection, replace bearings, heaters, dipping (one thin layer, baking, reassembling, testing) 2. Chemical treatment during wire brushing will riot be used in the evaluation of the bids. If chemical treatment Is applled, the bid price must include cost of the chemicals, chemicals handling (application & mixing), used chemicals neutralization and disposal. 3. Sonar Jet must be performed by SONAR -Jet by Water Well redevelopers, Inc. (714) 632 -7003 4. Chemical treatment during wire brushing will not be used in the evaluation of the bids, If chemical treatment Is applied, the bid price must include cost of the chemicals, chemicals handling (application & mixing), used chemicals neutralization and disposal. 5. Pump base will be replaced, and attached to existing discharge pipe, If welding is needed, will be bill at time and material. 6. Concrete around the pump base will have to be removed and replaced. 7. New Stainless Steel line for sounding will be provided and installed, with necessary mounting brackets, and one gauge calibrated for sounding. 6. Sound attenuation shall be required for major work. Sound attenuation for engine noise shall be limited to a maximum of 75 dB(A) at 23 feet when operating at full rated load. Sound proofing solution to be approved by the Engineer. qS 25C -43 Santa Ana RFP 10.000 free Proposal Hourly Discipline Rate 1 Pump Rig Rate, 3 man crew* $300.00 2 Cable Tool Drill Rig, 2 man crew* $300.00 3 Cable Tool Drill Rig, 3 man crew* $300A0 4 17T Crane and 2 man crew* $250.00 5 Field Service Technician* $150.00 0 Shop Labor - Mechanic /Machinist $90.00 7 Shop Labor - Helper $05.00 0 Project Management $75,00 * Prevailing Wage Rates - On Site Only 12 Crew Mobilization and Demobilization $050.00 3 Man Crew - Each Occurrence 13 Crew Mobilization and Demobilization $450.00 2 Man Crew - Each Occurrence 25C -44 AGREEMENT TO PROVIDE WATER WELL REHABILITATION SERVICES AS A NEEDED BASIS THIS AGREEMENT is made and entered into this 15TH day of November, 2016 by and between BAKERSFIELD WELL & PUMP CO. ( "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 August 16, 2016, the City issued Request for Proposal No. 16 -090, by which it sought contractors to provide water well, pump and motor rehabilitation and repair services for the City of Santa Ana Public Works Agency Water Resources Division. B. Contractor submitted a responsive proposal that was selected by the City Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -090 and attached herein 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: 1. SCOPE OF SERVICES On an as- needed basis, and at the sole discretion of City, Contractor shall furnish the services as set forth in Exhibit A, to this Agreement. Contractor's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total annual sum to be expended under this Agreement shall not exceed $400,000. 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 and Scope of Work, which may reasonably be expected by City. Page 1 of 8 25C -45 3. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2019, unless terminated earlier in accordance with Section 16, below. The tern of this Agreement maybe extended for an additional two (2) year period, upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSIHP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, rise, 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 Docurents & 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. 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 Page 2 of 8 25C -46 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. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary 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 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) 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 forthwith 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 Pa e3of8 2 C -47 indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Contractor agrees to defend, 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 Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor'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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 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. Page 4 of 8 25C -48 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 ally information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor 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, 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 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 25C -49 To Consultant: Bakersfield Well & Pump Co. 7212 Fruitvale Avenue Bakersfield, CA 93308 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 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. 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 anypurchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 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 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. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifics. Page 6 of 8 25C -50 16. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: , a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate, b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON - DISCRIMINATION Contractor 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 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. 18. 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 deterrained and governed by the laws of the State of California. Both parties farther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. 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. PA e 7 0£8 2 C -51 20. 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: %, .T N M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager BAKERSFIELD WELL & PUMP CO. NAME: ,TITLE: Page 8 of 8 25C -52 CITY OF SANTA ANA, RFP i`0,:: 16 -090 WATER WELL, PUNfP AND NfOTOR REPAIR SERVICES Appendix ATTACHMENT 1: SCOPE OF WORK A, General Description EXHIBIT A The Contractor shall provide waterwell casing, pump and motorrehabil tat[on, repair, replacement and related services for the City of Santa Ana at various locations within the City. The general scope of services is described below. B. Work Description The Contractor shall provide all necessary supervision,, labor, materials, tools, and equipment to perform pump pulling and installations, water well rehablli alions,. well casing repairs and installations, water well video inspections, electric motor repairs, electric motor rewindings, and repairservices on various types of pumps and motors, on an as assigned basis, at ,various locations throughout the City. The Contractor shall meet with the Water Production project. manager prior to starting any .work at the worksite. Access to the worksilte shall be controlled by the Public Works Agency according to the :security standards in place at that time, The Contractor's services shall include, but are not necessarily limited to„ the following: The Contractor shall provide transportation for its heavy duty equipment, such as, but not limited to, drilling rig, pump rig, flatbed truck, boom truck, tractor trailer, as requested by the City to and from Contractor' s facil'it'y to each Water Production worksite. All electric motor repair work shall be transported by the Contractor to an EASA Accredited Member facility for repair and returned to the City when repairs are complete All water discharged shall be :through an NPDES facility approved by the Project. Manager It shall be the Contractor's responsibility to propose a method to discharge water that is N,,Pl7ES Piompliant and may include melhads such as water' .detention, through storage, tanks or other conforming strategies. 9. PUMP REMOVALANSTALLATION SERVICE The Contractor shall be qualified to perform water well pumps removal and installation. At the initlai setup for pulling a well pump, the Contractor shall perform lockouVtagout of the electrical and hydraulic systems. 2. WELL PERFORMANCE TESTING SERVICE The Contractor shall be qualified to perform well performance testing. After initial well performance testing setup, all testing data shall be given to the City representative upon completion of testing. The Contractor shall furnish and install the development engine temporarily used to power the test pump process to flush out all sand and small grit out of the area around the well to prevent clogging of the distribution system. All water discharged shall be through an approved facility approved by the Project Manager. The Contractor shall provide the Project. Manager with its evaluation and recommendation, including cost estimates per project, All testing work shall be subject to the Project Manager's written approval prior to commencing any work by the Contractor, Well performance testing shall be done in accordance with AWWA Al 00-97 standards. 3. WATERWORKS PUMP REPAIR SERVICE The Contractor shall be qualified to repair of one or more of the following pump units: 25C -53 C:`ITY O P SANTA ANA REP NO.: 16 -090 WATER WELL, PUMP AND MOTOR REPAIR SERVICES submersibles, boosters, horizontal split case, well turbines, and engine water, Repair of all pumps may include, but not limited to, line shafts, bearings right - angle- gears, housing /frame, column pipe, complete rebuild of pump /motor unit, motor rewinding, seals, impellers, rotor shaft, power /oontrol cable attachments, thermal /moisture sensors, and all other appurtenant components. Furnish new replacement vertical turbine pumps, well pumps, motors, and mechanical seals as needed. Repair and service pump station natural gas or diesel -run engines, generators, equipment housings, and appurtenant parts Including, but not limited to, radiators, starters, water cooling pumps, gear drives, etc, The Contractor shall provide the Project Manager with its evaluation and r recommendation, including cost estimates per project. All repair work shall be subject to Project Manager's written approval prior to commencing any work by the Contractor. The Contractor shall pickup and deliver pumps and motors (booster pump) for repairs from all sites requested. 4. WELL VIDEO SURVEY SERVICE The Contractor shall be qualified to perform water well video lnspectfons using color video equipment with side scan and down -hole survey views. Videos shall be produced in DVD format in standard definition with a pixel resolution of 640 x 480 pixels or at higher resolutions. Ability to perform these surve,ys at higher resolutions. will be given higher consideration. The video survey unit shall simultaneously transpose the City's name, well name, footage and the data of Inspection on the monitor screen and the video record. A footage counter /recorder shall read In feet and be accurate within 2 percent of the actual footage. The video survey camera shalt be capable of right angle or normal downhole viewing with a change in camera leers or mechanical movement of the camera, At the direction of the City, the Contractor must be able to provide right angle. viewing to view any casing section in a direct elevation View. 5. WELL REHABILITATION AND TREATMENT SERVICE The Contractor shall be qualified to provide well rehabilitation and treatment services. Furnish all portable engine- dri.verr pumps, necessary to perform well redevelopment and rehabilitation. Costs for temporary piping, sound proofing, and related equipment require approval by the Project Manager, To perform these tasks, the Contractor shall have tha capability to perform 'Mineral analysis, chemical treatment, water quality testing, zone testing, well casing patches and similar casing repairs /improvements, and mechanical treatment on well casings. All chemicals used in treating wells shall be State approved for the purpose intended, must be National Sanitation Foundation (NSF) approved, and Public Works approved for quantity and concentration. The Contractor's estimates shall include the typical type and concentration of chemicals (acids, Inhibitors, polymers, neutralizers, etc.) to be used; the typical appropriate contact time for the chemicals; and the typical procedure for Introducing, mixing, and neutralizing chemicals in the well, in addition, the name(s) and phone numbers of any company (ies) that will supply the treatment chemicals shall be provided. Completed Material Safety Data Sheets (MSDS) for all chemicals used shall include the methods of mechanical treatment (dual swab, wlre /nylon brush, sonar jetting, etc,). 6. ELECTRIC MOTOR REPAIR AND REFURBISHMENT The successful Contractor shall provide ail transportation, labor, materials, tests and equipment, 25C -54 CITY OF SANTA A:NA R:PP NO,: 15 -094 WATER WELL, PUMP AND MOTOR REPAIR, SERVICES delivery /pick .up for the repair and refurbishment of electric motors and perform any recondition or rewiring as necessary to return the equipment fully operational.. Ail. electric motor repair shall be done inan EASAAccredited Member service shop, no exceptions, a. All work shall be in accordance with. the Electrical Apparatus Service Association's (EASA) Recommended Practice, AR100.2015 latest edition and the National Electrical Manufacturers Association (NEMA) standards for service and repair of electrical apparatus. J. Work shall be in conformance with standards set by, but not limited to, the following organizations: 1, Underwriters Laboratories (UL) a. Underwriters Laboratories — Certified motors shall be recertified after repair. b. Contractor's shop or his sub - contractor's shop shall be UL- certified to rebuild explosion -proof electric motors for use in hazardous environments. 2. American National Standards Institute (ANSI) 3. American Society for Testing and Materials (ASTM) 4. National Electrical Code (NEC) 5. National Fire Protection Agency (NFPA) 6. National Electrical Manufacturers Association (NEMA) Recondition/Repair of Electric Motors Reconditioning /repair of electric motors shall include the testing, disassembling, inspection,. cleaning dipping, baking of windings, 'replacement of bearings, assembly, testing and painting and at rtiintmurii inciude thq following; a. Pre- DisassembtyTest 1, Using a 1000V meg -ohm meter, conduct verification of insulation Integrity.. Record the insulation resistance of the motor as brought In from the City. Acceptable criteria is 5 meg -ohms or higher, 2. Verify that heaters are operational and that other attached features, such as thermocouples, have continuity. 3, Single -phase test to check for open rotors. (After disassembly, rotors will be inspected for evidence of damaged, cracked or open circuit bars or end rings. If there is evidence of faults, the rotor will be growl - tested.) The detection of any defect during testing shall be reported promptly to the Engineer 4. Documentation covered under this section shall include the'condition of mechanical fits (i.e. shaft run out), cracked, broken or missing parts, test run at full voltage, current readings, meg reading and surge comparison test as received. The Engineer shall be notified if acceptable criteria are not met. b. Motor Disassembly 1. Completely disassemble motor and steam clean all mechanical parts using a mild detergent compatible with winding insulation; thoroughly rinse; bake dry. 2. Disassembly documentation shall include the cause of failure and /or conditions contributing to failure. c. Motor Inspection 25C -55 CITY OF SANTA AMA RFP NO.: 16 -09Q WATER WELL, PUMP AND MOTOR REPAIR SERVICES 1. Visually inspect coils and windings for excessive wear, signs of conductor overheating or fatigue that possibly would not be apparent during an electrical test. 2. All stators shall be surge- tested with an electronic surge tester specifically designed to apply a surge voltage stress test simultaneously between turns of a coil, between phases, from winding to ground and to detect short - circuited turns in winding under test. Testing shall be per EASA,IEEE 6Z2, 112 and T2.3 standards. Infrared imaging shall be provided pre and post test., d. Mechanical Fit 1. Measure the bearing bores, shells, housings and shaft journaIs using a micrometer. Shaft fits and housing fits shall comply with AR100- 2015. Machine work shalt be approved by the Engineer before being performed or machine work may not be paid for.. Bearing journals, seal surfaces and bearing housing restoration shall be done by metalizing and machining or boring and sleeving, Documentation of before and after measurements shall be made. 2. Replace bearings per manufacturer's specifications. All grease fittings, plugs, etc. shall be replaced unless otherwise indicated by the Engineer. Bearings shall be properly lubricated and bearing oil reservoirs shall drained for shipping and installation. The Contractor shall be responsible for filling the bearing oil reservoir upon Installation. All equipment shall be tagged with Information as to whether or not bearing oil reservoirs were filled and what type of lubricant was used. e. Rotor Balancing 1. All rotors of motors rated at 50 HP /3600/1800 RPM and above shall be dynamically balanced, with the rotor running at rated speed where practical but not less than 600 RPM In the balance stand. The balancing speed shall also be rapid enough so the balance machine sensitivity can reliably measure the maximum allowable residual unbalance, 2. A printout tape from the balance /analyzer shall be furnished detailing the final balance values. This tape will be attached to the recondition /repair /rewind documents when the motor Is delivered. f. Motor Leads Motor leads shall b. e permanently tagged with nonmagnetic markers, Motor lead configuration shall not be altered. g: Insulation I. Windings shall be double-dipped with. Glass H varnish and baked. 2, Machine - finished surfaces bore of the stator lamination and periphery of the rotor laminations shall be cleaned of all varnish and foreign materials. Photo documentation of this process shall be made prior to and after lamination. h. Final Test 1, A 1000 volt meg -ohm meter shall be used to verify insulation continuity. This reading shall be documented, After reassembly, motors hall be test -run at rated voltage and frequency, No load voltage and phase currents shall be recorded. Vibration mils displacement shall be measured, and recorded in the horizontal, vertical and axial planes on both ends of the motor, or top and bottom of vertical motors and documentation of current reading and vibration readings shall be provided to the Engineer. 2. A 5KV meg -ohm meter shall be used to verify Insulation continuity of all 4160V motors.. i. Paint 1, Exterior of motor shall be properly cleaned of rust and foreign material, prime painted and finish painted with a good grade of machinery enamel, the same color as received unless otherwise specified. Nameplates, machined surfaces and internal parts shall be protected from paint. 251 CITY OF SANTA ANA RFP LO,.- 16 -090 WATER WELL, PUMP AND MOTOR REPAIR SERVICES 2. When needed, the interiors of motor frames and parts shall be painted with an insulating paint, This Includes rotors, bearing brackets, frame interiors and air deflectors. Windings shall Pot .b.e painted. Incidentals 1. In the event that the motor is in poor condition and cannot be repaired, reconditioned or made as new, the Contractor shall notify the Engineer Immediately, 2. All incidental parts requiring replacement; such as bearings, coils, etc. shall be considered included . in other items of bid and no additional compensation shall be allowed. 7. REWINDING OF ELECTRIC MOTORS When rewinding is done in conjunction with a recondition or repair, many of the items below will be redundant and shall not be performed or charged for twice. The items below apply to stator only (including all labor, materials and testing necessary for work completion) and shall at a minimum include: a. Pre - Disassembly Test 1, Using a 1.000 meg -ohm meter, conduct verification for insulation integrity. Acceptable criteria is 1.5 meg -ohms or higher.. 2. A 5KV meg -ohm meter shall be used to verify insulation integrity of all 4160V motors.. 3. Verify that heaters are operational and other attached features such as thermocouples have continuity. 4. Pre - disassembly documentation shall include the condition of mechanical fits (i.e.. shaft run out), cracked, broken or missing parts, test run at full voltage, current readings, meg reading and surge comparison test as received. The Engineer shall be notified. if acceptable criteria are not met. b. Stripping 1. Windings shalt be removed byt4mperature- controlled burnout with oven temperafture suppression. Burn -out temperature,.shall not exceed 750 degrees Fahrenheit. 2. Windings shall be rem, oved In such a fashion not to damage or distort the core Iron, Upon removal of the old windings and insulation, the core shall be thoroughly cleaned and inspected for burrs, etc. 3. After the burnout procedure, the Contractor shall perform a stator core loss test to ensure the stator larni'nations are not heat damaged,. If the stator core losses exceed four (4) Watts per poured of core steel, notify the Engineer prorto proceeding forward. o. Winding 1. General: Rewound motors shall meet or exceed all O.E.M. operating characteristics, unless otherwise specified by the Engineer, NEMA Class F insulation shall be used, unless otherwise specified. Magnet wire shall be. a Quad Build, insulated and of domestic manufacture that meets or exceeds NEMA specification MW -35A. After winding and prior to resin treatment, windings will be surge - comparison tested and the results documented. 2. The copper cross - sectional area shall be at least as large as the original winding. 3.. Resin Treatment: Windings shall be double- dipped with Class H varnish and baked. 4. Check all coils for overall cull shape. Perform a high frequency turn-to -turn dielectric test (surge test) in accordance with IEEE 522. Submit test results to the City, This shall be done prior to installation into the stator. d. Motor Leads: Motor lead's that are replaced must be the same length and configuration as the original leads. Leads will be permanently tagged with non - magnetic markers. Lead lengths shall be identified by the City when a request for service is made. 25C -57 C1t'TY OF SANTA ANA RPP NO,: 16-090 WATER WELL, PUMP AND MOTOR REPAIR SERVICES o. insulation: Windings shall be double - dipped with Class H varnish and baked. Insulation shall be tester,/ phase -to -phase and phase - to- ground at 1000 volts do and yield a one minute test result of 1000 mog- ohms or better, f. Final Test. A 1000 volt meg -chm meter shall be used to verify insulation continuity, This reading shall be documented, After reassembly,_ motor shall be test -run, at full voltage and documentation of current reading and vibration readings shall be provided to the end user. (NOTE: a 6KV meg. -ohm meter shall be used on all 4160V motors.) Copper DC resistance tests,, phase -to- phase, on rotor winding from slip rings shall be performed, If the rewound rotor fails to pass any test, the rotor shall be rejected. The Contractor shall rebuild and retest until all tests are approved by the City, 8. PUMP RECONDITIONING a. Disassemble and otearn. b. Replace seals and ball bearings per EASA Standards. Vendor shall use only manufacturer - recommended ball bearings and mechanical seals. a Change oil, d. Test windings and rewind as necessary. e. Reassemble and test. f. Document and photograph all conditions before and after disassembly, seal and ball bearing replacements and final testing, 9. MACHINE WORK Machine work shall apply to, but not be limited to, the drilling and tapping of broken bolts, the repairing of damaged locking rings and stators, the replacing of power cords, power cord assemblies and power cord connectors and repairs to impellers, covers, volutes, mounting rails, bearing journals, and pump shafts, 1'0.O.UALIFI'CATIO NS' a. All electric motor repair shops shall be EASA Accredited and shall provide a copy of the certification upon request by the City. Failure to provide a sub - contractor that is an EASA Accredited Member as a part of the proposal may be,grounds for proposal rejection. b.. Contractor or Contractor s. subcantrac[or shall be certified as an UL Facility and shall provide a copy of the certification upon request by the City., c. Contractor shall be responsible for obtaining all O.E.M. technical documents, drawings and parts when necessary. d, Contractor shall have all engineering, design, metalzing, welding, heat treating, machining, balancing, calibrating and testing capabilities necessary to completely refurbishirewind electric motors. e, Equipment used for inspecting, calibrating and testing pumps and motors shall be up -to -date and have calibration certificates, less than on-e year old, traceable to NEST standards where applicable. 11, DOCUMENTATION All work performed to recondition, repair and/or rewind motors shall be supplemented with reports that verify all processes to accomplish each job order. Documentation shall include, but is not limited to, the following: a. Pro- Disassembly Testing report for all activities as described. b. Photo documentation of existing condition prior to fulfilling each described criteria of the disassembly test, G. Motor Disassembly report., including photo documentation before and after cleaning. 25C -58 CITY OF SANTA ANA REP NO.; 16.090 WATER WELL, PUMP AND MOTOR REPAIR SERVICES d. Motor Inspection report, including stator core loss testing results, Photo documentation of coils, windings and conductors showing any signs of excessive wear or failure. e. Mechanical fit.measuremehts shall be recorded as specified. Photo documentation shall be submitted for all replaced bearings, grease fittings, plugs, etc. I, Rotor balancing report as specified. g.. Insulation report as specified above, Before and after photo documentation of the windings prior to varnishing and baking. h, Final test report as specified. i. Pump Reconditioning report as specified, All testing, inspections and incidentals related to required reports shall be considered included within the bid items for said testing report and no additional compensation shall be allowed. C. Security Requirements Public Works ,Agency field representative will unlock the Public Works Agency facilities entry gates on the first day of work to allow Contractor access. Contractor shall then supply their own padlock(s) for entry gates to all Public Works Agency facilities. Contractor's padlock(s) shall lock onto the Public Works Agency's padlock connecting to the chain -link, which enables both the Public. Works Agency field representative and Contractor to unlock the entry gates. After completion of work, padfock(s) shall be removed by the Contractor. Contractor and /or subcontractors shall notify the Public Works Agency field representative upon arrival and departure to or from jobsite,. D, Parts, Materials and Warranties The Public Works Agency will reimburse the Contractor for the cost of repair parts, materials, and replacement equipment, plus 15 percent markup, provided the Contractor has obtained the City's prior writtan approval of Contractors written estimate. All replacement equipment shalt be approved by$he Public Works Agency prior to the purchasing of the equipment. The Contractor shall provide manufacturer documentation to the Public Works Agency for any replacement equipment, The Contractor shall submit an invoice with attached applicable receipts for a particular job to the Project Manager. The Contractor shall assure that all materials, parts, and workmanship supplied shall be free from original or developed defects. Contractor shall provide a minimum of one year warranty for materials, parts and workmanship. Should original ordeveloped defects and /or failures appearwithin the minimum warranty of one year after work completion, Contractor shall, at its expense, rectify such defects and /or failures and make all replacements and adjustments that are required. Corrective work shall be performed by the Contractor and given the highest priority after Public Works Agency's notification to do so, and shall be completed to the satisfaction of the Project Manager. The Contractor shall proceed diligently to complete said work within the time allotted as approved by the Project Manager, E. As- Needed Repairs At the direction of Project Manager, the Contractor shall provide a written estimate including labor and parts, materials and equipment needed to perform the As- Needed Repairs. Upon written approval from the Project Manager, the Contractor shall perform the As- Needed Repairs. The cost for parts and materials will be paid in accordance with the Section D above. 25C -59 CITY OF SANTA ANA RFP NO.; 16 -090 WATER WELL,, PUMP AND MOTOR REPAIR SERVICES At its sole and absolute discretion, Public Works Agency reserves the right to obtain services from other sources to complete any As- Needed Repairs, F. AdditionalWork[Location All additional work provided herein shall commence on the specified date established The Contractor shall proceed diligently to complete said work within the time allotted. Additional work /locations may be added during the Contract period. Upon request by the Project Manager, the Contractor shall provide a written quotation for any additional work/location(s), based on the rates quoted in Exhibit C. The Contractor shall be paid for additional work/locations in accordance with the rates submitted, Upon Contract Manager's negotiation and acceptance of the Contractor's written quotation the additional work /location(s) may be added to the Contract by amendment or change order. G. Hours and Days of Service Contractor shall respond within 24 hours' notification to an authorized Public Works representative's service request. Hours of service will be primarily a.m. to 5 p.m., Monday through Friday, each week. The Prcjeet Manager may alter the hours and days of services when necessary. H, Utilities The Public Works Agency will not provide utilities. I. Storage Facilities The Public Works Agency will not provide storage facilities for the Contractor. The Public Works Agency will not be. liable or responsible :for any damage, bywnatever means:, or for theft of materials or equipment on the jobsite. J. Removaf of Debris All debris derived from these services shall be removed from Public Works property and become the property of the Contractor: The Contractor shall dispose of all debris from these services in a legally established area appropriate for type of debris being disposed. Disposal shall be at the Contractor's expense. The Contractor shall not allow any debris from its operations under this Contract to be deposited in the storm drains and /or' gutters in violation of the National Pollutant Discharge Elimination System. K. Special Safety Requirements All Contractor's operators shall to observe all applicable State of California Occupational Safety and Health Administration (Cal /OSHA) and Public Works' safety requirements while at Public Works job sites. Hard hats shall be provided by Contractor and shall be worn at all times. Suitable clothing, gloves, and shoes that meet Cal /OSHA requirements are required. L. Additional Responsibilities of the Contractor 25C -60 CITY OF SANTA ANA RFP NO.: 1.66-090 WATER WELL, PUMP AND MOTOR REPAIR SERVICES Contractor and or Contractor's subcontractors must possess and maintain the following active and valid Ifcenses as applicable to incilviduai subcontractor: 1. State of California Water Well Qn1ling Contractor's 0-57 License or Contractor's "A" License. 2. State of California Limited ,Specialty Contractor's C•61..s.ubcategory ktaohinery ,arid. Pump Contractor's D -21 License. 3. Have a minimum of five years of experience performing groundwater wells and pump pulling services. If a Subcontractor is used, Subcontractor must also have a minimum of five years of experience performing services as stated above. Also,_ the Contractor's project manager(s), and Subcontractor's project manager(s), If any, must have a minimum of five years of experience performing groundwater wells, pump pulling services, video inspections and/or motor repairs, In addition, the Contractor's project manager(s) and Subcontractor's project manager(s), if any, must have the following certifications: 4. State of California Division or Occupational: Safety and Health Administration Hazardous Waste Operations Emergency Response (HAZWOPER) Certification 5. National Ground WaterAssociation(NGWA ) Certification -Pump Installation 6. Electrical Apparatus Service Association (EASA) Accredited Member Status Provide all labor, equipment, materials, tools, and supervision required to perform as- needed pump pulling and machines repair services. All material, parts, and equipment shalf be new, high grade, and free from defects. Such products shall conform to all Federal, State, and local regulations as they relate to wale' r wells services.. Obtain all necessary City,. County, State, and Federal permits and/or licenses for Contractor's activities at: no oost,.to the Public Works Agency. Immediately notify Pubifc Works of any changes In the .Contractor's insurance, permits, and licenses. Failure to do so may result In the immediate termination of this Contract for default. Utilize protective clothing and equipment: as required by Caf[OSHA and. /orother regulatory agencies. K Prevailing Wage The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are Incorporated herein by reference and may be accessed at http://,o/ww.dir.ca.gov/. The Contractor Is required to pay the prevailing wage rate referred to above and is responsible for selecting the classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work, Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. 25C -61 C F1 01: 5.14 1 r ANN � \ — \TE fZ fit✓ =Li_, PIMP 1AD �f��i "OR R�rP,UR ±Elt� t('ES EXHIBIT 6 PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING The Project shall consist of rehabilitation of Well No. 30. The highest rated firm shall be selected as the firm that will receive an opportunity for the work with bid items listed. Separate bids shall be requested for future work from the three (3) highest firms that are awarded a contract. Site: Wall 30 Motor: Yaskawa 150 tip, 3ph, 480VAC. Frame 3SU -444TP Exiting Pump: Water rube , 14FHC, 3STG. 2C0 feet overall length. 12 -inch diameter, 20 -feet sections Well: 18 -inch casing. 989 feet deep Johnson's Hi -Cap Housing: None Location: 4426 West First St., Santa Ana General IX. Unft X. Quantity Price Total Installation of motor, discharge LS 1 6,100.00 2,858.00 2,558.00 - - -- Sound attenuation (see note 8) LS 24, Pump Work New complete Pump 3.000 Ea 12,094.00 12,094.00 GPM at 165 feet TH, high efficient (83.1 °!°) ' _ 12 -inch 5 feet column & collar Ea. 2 245,00 490.00 __. —_ _ . 12-inch 10 -feet column & collar _ Ea. _... . -_— 25 — _. -... -- 420.00 10.500.00 10 -feet 416 SS 1 11116•inch -- _ _ Ea. 26 _ — 385.00 10,010.00 line shaft & coupling 12 -inch threaded bronze Ea. 27 retainers Rubber line shaft bearings Ea _ 27 00 702 00 _P 10 -foot 1 15116 -inch head shaft Ea. 1 — 568.00 with CoUphn 12 -inch 20 feet of suction pipe Ea. . 804.00 0 SS 12 -inch suction cone Ea. 1 917.00 917.00 strainer New discharge head 12" Ea 1 4,685.00 .0.685.00 300'of SS sounding tube. Ft 300 2.00 -- 0 Sounding Kit Ea. 1 100.00 100.00 Motor Work Refurbish 150 HP. 480VAC. 312h,60Hz2 887.50 —F1 775.00 Top Bearings (2.7226GM) Ea 1 Bottom bearing (1 -6220) Ea 1 22 50022500 Two band heaters 115v Set 1 140.00- 140.00 _— Three coil thermostat NC or NO Set — 1 163.00 163 00 Set of tin plated copper Set 1 350.00 350.00 25C -62 C'ti'1OFSAATk.A.N1 RFP \0,: 10 -000 ATER WELL_ PL \ -11) -1AD MOTOR REP UR 5I_RVI( CAS terminals or lugs Tellus 68 oil L S 250.00 Rewinding of Electric Nlotor LS ' S 760 00 well work Mobilization & set -up 450.00 -- - -- --- - -.—. Under Water video of well (before) I 1,000.00 Wire brushing of well section under water & Ea. 1 4,200.00 4,200.00 _perforatioris __, Chemical treatment during wire brushing (optronall 2 LS i _ _ 15,00 00 Bail &dispose of all dirt &debris Set I - -- 1,500 00 SONAR Jet of perforations (420 feet, three intervals) 3 LS 1 7,900.00 Under Water video of well (after) LS 1 858.00 LS 4W.UU �lqote Any other work not listed above will be completod on a time and rratar'a,s oasis_ Proposed new pump: Make: Peerless Model No.: 16HXB GPM: 3,000 'rDH: 165' Eff.: 83.5 1 Motor refurbishing includes shop work, labor and material to perfonri the following: disassembling, steam cleaning, inspection, replace bearings, heaters. dipping (one thin layer, baking, reassembling, testing) 2. Chemical treatment during wire brushing will not be used in the evaluation of the bids. If chemical treatment is applied, the bid price must include cost of the chemicals, chemicals handling (application & mixing), used chemicals neutralization and disposal. 3. Sonar Jet must be performed by SONAR -Jet by Water Well redevelopers, Inc. (714),632-7003 4. Chemical treatment during wire brushing will not be used in the evaluation of the bids. If chemical treatment is applied. the bid price must include cost of the chemicals. chemicals handling (application & mixing), used chemicals neutralization and disposal. 5 Pump base will be replaced, and attached to existing discharge pipe. If welding is needed. will be bill at time and material. 6. Concrete around the pump base will have to be removed and replaced. 7. New Stainless Steel line for sounding will be provided and installed, with necessary mounting brackets, and one gauge calibrated for sounding. 8. Sound attenuation shall be required for major work. Sound attenuation for engine noise shall be limited to a maximum of 75 dB(A) at 23 feet when operating at full rated load. Sound proofing solution to be approved by the Engineer. 25C -63 PUMP REMOVAL/ INSTALLATION SERVICES (A) DESCRIPTION UNIT NON - PREVAILING RATE PREVAILING 1A MOBILIZATION (per vehicle/crew) LS $ _ 35000 $ 450.00 2A PUMP RIG & CREW HR $ 300.00 $ 400.00 3A 12 -TON HYDROCRANE & REPAIRS & INSPECTIONS CREW LS $ 300,00 $ 400.00 4A DEMOBILIATION (per vehicle /crew) I_S $ 350.00 $ 450.00 WELL / PUMP REPAIR SERVICE (B) DESCRIPTION UNIT RATE 18 GENERAL SHOP LABOR HR $ 55.00 2B MACHINE SHOP REPAIR HR $ 100.00 3B SHOP WELDING HR $ 100.00 4B ON -SITE MECHANICAL REPAIRS & INSPECTIONS (DURING BUS. HOURS) HR $ 175.00 5B ON-SITE EMERGENCY MECHANICAL REPAIRS (AFTER BUS. HOURS) HR $ 250.00 6B WELL VIDEO SURVEY EA $ 1,200.00 NON- PREVAILING PREVAILING 76 WELL REHAB (SCRATCH & BAIL) HR $ 300.00 $ 400.00 ALL HOURS OVER 6HOURS @ TIME & A HALF SATURDAY RATES @ TIME & A HALF SUNDAY & HOLIDAY RATES @ DOUBLE TIME AS NEEDED PARTS AND MATERIAL WILL BE MARKED UP 15% PRICES VALID UNTIL 12/31/2014 Ruben Baltierra Estimator / Project Manager 25C -64 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE; AGREEMENT WITH PUBLIC SECTOR PERSONNEL CONSULTANTS TO CONDUCT A CLASSIFICATION AND COMPENSATION STUDY OF SEIU CLASSIFICATIONS {STRATEGIC PLAN NO. 7,4} CITY MANAGER f 7_*Z0761Jil4k'10A »7_��31TC +7�1 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18` 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 Public Sector Personnel Consultants to provide a Classification and a Compensation Study of selected Service Employees International Union classifications, in an amount not to exceed $100,000 from November 15, 2016 through November 15, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City has not conducted a complete review of its job classifications and salaries in more than 25 years, although many classes have been reviewed on a case -by -case basis. During the contract negotiations that occurred in 2015, the City and the Service Employees International Union (SEIU) agreed that a Classification and Compensation Study would be conducted and the parties would meet and confer over the implementation of the study findings. A Classification and Compensation Study will ensure that current position descriptions and total compensation are in line with work assignments and expectations. The study will include performing a job analysis on a select number of SEIU classifications and making recommendations on position description revisions to create the most accurate job descriptions for the organization that reflect current job duties and requirements of the positions. Additionally, job ladders and career development paths will also be a component used when designing the new classification plan. Also included in the scope of the study will be a compensation analysis designed to ensure the SEIU employees are paid competitive and sustainable wages and benefits package. Six firms submitted proposals to the classification and compensation study for the City. The firms included Ralph Anderson & Associates, Public Sector Personnel Consultants, CPS HR Consulting, Koff and Associates, Arthur J. Gallagher & Co. and Creative Management Solutions. The proposals were reviewed and evaluated by a team consisting of the Personnel Director, the 25D -1 Agreement with Public Sector Personnel Consultants November 15, 2016 Page 2 Assistant Personnel Director and a committee of SEIU members. The proposals were reviewed and rated on the following criteria: • Qualifications of firm staff availability 15 %: • Project Experience and Approach 30 %: • Understanding of the Scope of Works 30 %: • Cost Controls 20 %: • Compliance with RFP requirements 5 %: The committee ranked the firms as follows: Public Sector Personnel Consultants 84.66 Ralph Anderson & Associates 84.33 Koff & Associates 83.5 Arthur J. Gallagher & Co. 67.83 Cooperative Personnel Services 67.33 Creative Management Services 67.5 Public Sector Personnel Consultants is the highest ranked firm to conduct the classification and compensation study per the attached agreement (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 Team Santa Ana, Objective #4 (Establish employee compensation that attracts and retains a highly qualified workforce). FISCAL IMPACT Funds in the amount of $100,000 are budgeted in the 2016 -17 Personnel Service account no. 01109050 - 62300. APPROVED AS TO FUNDS AND ACCOUNTS: Edward S. Raya Francisco Gutierree- Executive Director Executive Director Personnel Services Finance & Management Services Agency Exhibit: 1. Agreement with Public Sector Personnel Consultants 25D -2 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 15th day of November, 2016 by and between Public Sector Personnel Consultants ( "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 and having special skill and knowledge in the field of conducting employee classification and compensation. City put out a request for proposals for an employee classification and compensation study. B. Consultant responded to City's request for proposal and was selected as the most qualified. Consultant represents that Consultant is able and willing to provide such services to the City as outlined in its proposal in response to City's request for proposal. C. In undertaking the performance of this Agreement, Consultant represents that they are knowledgeable in their 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 Generally, Consultant shall provide a classification and total compensation survey for SEIU classifications. See Exhibit A. 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 $ 100,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work, performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Exhibit 1 25D -3 3. TERM This Agreement shall commence on November 15, 2016 and terminate on November 15, 2017, unless terminated earlier pursuant to Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney for up to one (1) year. 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against 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. 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. 25D -4 C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. if Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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. 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 electron, 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. 25D -5 6. INDEMNIFICATION Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims: (1) for personal injury, including death, and claims for property damage, arising from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the satne 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. 8. 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. 25D -6 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by 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, California 92702 -1988 Fax (714) 647 -6956 Copies to: Executive Director of Personnel City of Santa Ana 20 Civic Center Plaza (M -24) P.O. Box 1988 Santa Ana, California 92702 -1988 Fax (714) 647 -6930 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 . Santa Ana, California 92702 -1988 Fax (714) 647 -6515 To Consultant: Matt Weatherly Public Sector Personnel Consultants, Inc. 1215 W. Rio Salado Parkway 9109 Tempe, Arizona 85281 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 fax machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25D -7 10. 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 terns 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, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. II. 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. ti. TERMINATION This Agreement may be terminated by the City with thirty (30) clays written notice of termination to the Consultant. a. As a condition of such payment, the City may require Consultant to deliver to the City the entire 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. 13. 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. 25D -8 14. 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25D -9 IN WITNESS WHEREOF, the patties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk ot'the Council APPROVED AS TO FORNt: Sonia R. Carvalllo City Attorney By Laura A. Rossini Senior Assistant City Attorncy RECOMMENDED FOR APPROVAL: Edward S. Raya EXeCUtive Director Personnel CITY OF SANTA ANA David Cavazos City Manager CONSULTANT Matthew 4Veather(y President s 25D -10 Exhibit A PROJECT UNDERSTANDING: SUMMARY OF SERVICES PUBLIC SECTOR PERSONNEL CONSULTANTS (PSPQ proposes the following; program of consulting services and implementation support to conduct a classification and compensation study. Project Planning and Communication 1. Project planning and scheduling meeting with Personnel, project designee(s) 2. Policy input and project direction meeting with Personnel and designee(s) 3. Project briefing presentation for all included employees, Officials, project leaders 4. Management and employee communication and Personnel progress reports Classification Project Tasks 5. Occupational familiarization by review of current class specs, pay plans 6. Organizational familiarization by review of org charts, budgets, MOUs 7. Position Description Questionnaire (PDQ) customized for gathering job data 8. Meetings to distribute and explain the PDQ and project for included employees 9. Worksite job desk audits / field observations with representatives of each class 10. Interpretation of job classification and FLEA Exempt / Nan - Exempt designations 11. Recommended title modifications and reclassifications for consideration 12. Review of position classification recommendations with project team(s) 13. Preparation of updated class specifications for each City job class 14. Resolution of employee reviews of titles and draft class specifications Custom and Comprehensive Market Compensation Survey 15. identification of competitive employment areas for compensation surveys 16. Identification of occupations to utilize as survey benchmarks - est. 125+ 17. Solicitation of comparator employers and agencies for participation in surveys 1$. Extraction of data from public employer compensation plans, questionnaires 19. Consolidation of data from all sources and calculation of prevailing rates 20. Computation of extent City's total comp varies from external prevailing rates 21. Review of competitiveness analysis with City Officials and project designees Compensation Plan Development 22. Construction of optional salary range structures for review and selection 23. Assignment of job classes to salary ranges — internal / external methods 24. Assistance with identification of desired, affordable salary competitiveness policy 25. Fiscal impact estimates at various levels of external prevailing rates 26. Review and critique of draft salary and implementation plans with Personnel 2501-11 Communication of Results and Implementation Strategies 27. Preparation and presentation of a final project reports for the Council, Officials 28. Development of a plan for implementation of class and comp plan 29. Uploading of EZ COMPrnr program files on an HR Department computer 30. Assistance with communicating the updated plans for employees, Officials PROJECT APPROACH AND METHODOLOGY Following is our overall work plan and approach to achieving the City's objectives for the conduct of classification and compensation study. A. OBJECTIVES OF THE PROJECT The recommended plans, programs, systems and administrative procedures will meet these ten most important criteria. - internally equitable - Financially responsible - Externally competitive - Efficiently administered - Readily understood - Inclusive of employee input - Easily updated & maintained Reflective of City's values - Legally compliant & defensible Reflective of "best practices" B. SCOPE OF THE PROJECT The project includes a management and employee communication plan, partnership with the City's Personnel staff, City Manager, Council, and project designee(s); occupational, organizational, and operational familiarization; Position Analysis Questionnaire (PDQ) and job analysis for all classifications; worksite job information interviews; position classification and job title recommendations for all employees and classifications; FLSA designations; updated class specifications; EZCOMP" "; internal equity and external competitiveness evaluation; total compensation survey and competitiveness analysis; salary range recommendations; fiscal impact estimates and multiple implementation scenarios; updated classification and compensation plan and one year of classification and compensation plan implementation. C. PROJECT METHODOLOGY I. Quality Assurance To ensure a high quality project, we have built in several layers of procedural and statistical controls, in addition to those already in EZ COMP"'. Internally, we follow a prescribed series of steps in each project phase, which are reviewed by our Project Director. We request that the Personnel team and City's Project Manager(s) review our work to minimize the chance of errors and to ensure that it reflects the City's organizational values. 10 2501-12 2. Project Planning Meetings and Communication Plan Development We will consult with the Executive Director of Personnel and City Officials or representatives on a communication strategy, plan, and materials, beginning prior to the project and extending to the post - project information meetings. We can conduct group pre - project meetings for all City officials and employees where we will discuss the project's scope, answer questions, and distribute and explain the Position Analysis Questionnaire. D. POSITION CLASSIFICATION REVIEW 1. Review ofEssential Tasks — Position Description Ouestionnaire We will review and analyze the current essential tasks, duties and responsibilities, and minimum qualifications of each included position through the Position Description Questionnaire (PDQ) to be completed by each employee (or group of employees with identical jobs) in print or electronic formal. if the information on the PDQ does not clearly delineate the position's scope of responsibilities, we may return the PDQ to the position's incumbent for additional information, or focus on the data gap during a worksite job information interview. 2. Employee Worksite Job Information Interviews —160 bzcluded We will conduct a worksite job information interview with a representative incumbent of everyjob classification. The purpose of these interviews is to verify the data on the PDQ, obtain additional insight into the scope and complexity of the job duties, observe technical processes and working conditions, and to provide employees with an additional method of participation in the project. This process also ensures that we make all internal and external comparisons on the basis of actual job content and not merely job title. 3. FLSA Status Deterrninatiozz We will review the essential tasks and minimum qualifications of each of the City's job classifications and subject them to the Pair Labor Standards Act tests to determine their exempt or non - exempt status. 4. Position ClassiReation Each of the City's positions will be analyzed and evaluated to determine their primary characteristics, including: - Is there a current City occupational job group comprised of job classes with essential functions similar to the subject position; if so: 25D -13 - To which of the group'sjob classes, and at what level, are the subject position's essential functions similar to the subject position, and if so: Are they sufficiently comparable ( +/- 20% guideline) to be allocated to thatjob class, utilize the same job title, require the same minimum qualifications, and be assigned to the same salary range, If the City does not currently have a sufficiently comparable job class, what should be the subject position's occupational job class and title, and: What should the recommended occupational classification action be, No Change (N), Title Change (T), Merge With Other Job Class (M), New Job Class (J). We may find that ajob class is overly broad and encompasses several job activities which are regarded with significant salary difference in the marketplace. In such an instance, we will recommend "splitting" the job class into the current job class and a new job class which encompasses the different job activities. 5. Undated Class Specifications — 1601ncluderl We can prepare an updated classification specification in the City's standard or other selected format for each occupational job class. Focus will be on the Essential Functions and Minimum Qualifications. The specifications or descriptions may include (not limited to) the following components: Job Title — Definition Education, Training and Physical Requirements Distinguishing Characteristics Essential Functions Experience Licenses and Certifications FLSA Exempt /Non- Exempt Status Non - Essential Functions Mental Requirements Desired Knowledge and Skills Supervision Exercise /Received Working Conditions 6. Draft Classification Plan Review with Personnel and Department lleads We will conduct a review of our initial position classification recommendations and draft class specifications with the City's Project Team and respective department beads to identify possible errors, obtain feedback, and solicit suggestions for clarification. IN 25D -14 E. COMPREHENSIVE AND SUST'AINABLE COMPENSATION PLAN City Involvement in Compensation Plan Develomnent We will obtain policy direction from the City Council, Personnel staff, and /or City Officials on the following; key components of the salary plan development process: - Comparator Employer Selection Linkage - Benchmark Job Class Selection - Job Evaluation Method - Salary Plan Draft Compensation. Plan Review / Critique - Compensation Competitiveness Policy - Compensation Points for Analysis - Salary Structure Selection - Project implementation Plan 2. Comprehensive Compensation Sarvevs We do not subscribe to or recommend the use of databases or data warehouses used or hosted by other firms! We will collect the complete pay plans from each of the City's comparators and build a custom survey database to ensure accuracv and completeness unique to the City's job classifications. a. Data Collection Protocol will be developed in consultation with the City's project leaders to determine which salary data elements to include, such as: Total Comp Information (to be finalized by City approval) Salary range structure Minimum, Midpoint, and Maximum City- sponsored or supported items s/a pension, health insurance Certification pay, education incentive pay, safety pay Paid time off practices, longevity pay, other items to be named b. Benchmark Job Selection will be made by identifying City job classes common to its employment - competitive public and private employers in the immediate area and throughout the region or State, clearly identifiable, and representative of standard occupational job groups. c. Comparator Employers Identification will be made in consultation with the City's Project Manager(s) or City Council. Criteria include their degree of competition to the City in obtaining and retaining high quality staff, their location in the City's traditional recruitment areas, and their organizational size and complexity. 13 25D -15 d/. Compensation Data Collection will be made by one or more of the following methods. - Pre - survey contact with the selected comparator employers to solicit participation in the City's compensation survey(s) Extraction from the pay plans of designated public employers Customized salary survey requests for local governments and other public and private employers, distributed by mail, fax, and c -mail. As desired, additional data extraction from established salary surveys and commercial survey sources such as Watson Wyatt, ERI, etc. c. Data Quality Control includes editing data for accuracy and proper matching to the City's survey benchmark jobs, and phone /fax/E -mail follow =ups for data clarification and to obtain comparators' benchmark job descriptions. 3. Prevailinu Rates Calculation We will consolidate the compensation data from all sources, enter the information into the EZ COMPrm program, and compute the prevailing rates, inclusive of cost of living differentials, as the statistical mean of the survey data for each benchmark job class. Data will be projected forward from the date of collection to a common date relating to the City's salary plan year by the annual Prevailing Rate increase Factor (PRi) applicable at that time. A. Compensation Competitiveness Comparison We will provide the City with charts comparing its current salary structures to those of the selected public and private comparator employers. We will calculate the extent that the City's offerings vary from the prevailing rates and practices of other relevant employers. 5. Compensation Competitiveness Policy We will assist the City to select a compensation competitiveness policy which best fits its compensation strategy and financial resources, by providing fiscal impact estimates at various percentage relationships to the prevailing rates. 14 2501-16 6. Salary Plan Structure Development We will review the City's current employee agreements and wage plans and 1) utilize the City's current wage plan structures to identify internally equitable and externally competitive salary ranges for each City job class or 2) prepare alternative salary range structures and schedules for the City to select the best fit for its competitiveness strategy, with these optional criteria: - Method of administration, i.e.: measured job performance, longevity, or skill - Width of the salary ranges, grades, or broad bands, from Min to Max - Varying salary range widths for FLSA non - exempt or exempt positions - If steps within the salary ranges, number of steps, percentage separation - Number of salary ranges, grades, or broad bands in the salary schedule - Percentage of separation between salary ranges, grades or broad bands - Recognition for longevity, unique assignments, and special skill requirements - Remuneration for required special licenses, certifications and registrations 7. Salary RaM Assiyiment Development We will assign each job classification to a salary range in the City's current or selected new salary structure on the basis of a combination of factors, including: - the prevailing rates for the benchmark job classes - its current relationship to similar or occupationally related job classes - the 15% guideline for salary range separation between sequential job classes - the 25% guideline for salary separation of a department head job class - its quantitative evaluated internal job worth value (job evaluation points) 8. tniglementation Plan Develomnent We will consult with the Personnel staff and Project Team on a plan for transition to the recommended plan, including a timetable for the principal activities, employee communication, impact on bargaining processes, and estimates of required financial resources. F. FINAL REPORTS AND PRESENTATIONS 1. Draft and Final Report Preparatiort We will provide the City's project leader(s) with a draft of our report for review and critique, including the classification plan, FLSA designations, compensation market data, salary comparison tables, fiscal estimates, salary range listings, and implementation procedures. We will incorporate their critique into the development of final report summarizing the project's findings, recommendations, and detailed description of the City's updated position classification and compensation plans. is 25D -17 2. Final Report Presentations We will conduct a workshop or formal presentation of our final report and recommendations to the Personnel staff, City Officials, and employees. 3. EZ COMPr " Pro,2rantn dnsiallation We will install our EZ COMFn' program and project tiles on one of the Personnel Department's computers and provide training to key staff in the maintenance and update of the classification and compensation plan. 4. Implementation Warranty To ensure effective implementation of the new plan, we will analyze, evaluate, and provide a salary range recommendation for any new or changed job class, at no cost to the City for one year. G. EXTENSI VE EMPLOYEE INCLUSION AND COMMUNICATION Very important factors for successful implementation of new or updated classification and compensation plans are 1) extensive employee inclusion, and 2) extensive employee communication. City officials and employees will participate in one or more of the following activities: - Attending pre - project briefings and question and answer sessions - Completing a Position Analysis Questionnaire (PDQ) describing their position - Elaborating on their jobs in individual or group job information interviews - Receiving information pamphlet/booklet describing the updated salary plan H. MINIMAL CITY SUPPORT REQUIRED We are completely self-sufficient in projects of this nature and do not require any substantive staff support from the City other than payroll data, and arrangements for group and individual meetings and interviews. We appreciate, but do not require, any office space, telephone, clerical assistance, computers, or office equipment. We will provide all data entry, data processing, duplicating, and related report preparation functions. Santa Ana Public Sector Personnel Consultants 10/16 16 25D -18 Exbibit B Fee Schedule and Project Cost Estimate Major Project Components Cost Estimate* Position classification and job titlin}/includin� $10,000 briefings/kick off On -site iob information interviews -Desk Audit $17,50 Ll Updated class specifications (assuming 160 $17 500 Compensation and benefits survey (target 125+- $45000 benchmarks) Compensation plan, draft reviews, final 7 500 resentation Total: 12Z 500 -- • standard hourly rate $125 -150 /hour 17 25D -19 25D -20 • CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: AGREEMENT FOR PLAN CHECK SERVICES WITH SCOTT FAZEKAS & ASSOCIATES, INC., CSG CONSULTANTS, INC., CENTURY STRUCTURAL ENGINEERING CO., INC., AND J LEE ENGINEERING INC. (STRATEGIC PLAN NO. 3,3) CITY MANAGE CLERK OF COUNCIL USE ONLY: is ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on tad Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreements with Scott Fazekas & Associates, Inc., CSG Consultants, Inc., Century Structural Engineering Co., Inc., and J Lee Engineering Inc. for plan check services with an aggregate amount not to exceed $1,000,000, for a three year term expiring on November 15, 2019, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION For many years the Building Division met or exceeded a turnaround time of three weeks or less for over 90 percent of plan check submissions. This level of service compared favorably with surrounding municipalities and represented the generally accepted performance goal for plan review in the County. The Building Division had attained this level of service with seven in -house plan check staff, a contract plan checker at the public counter, streamlined internal processes, and outsourcing plan checking services during especially high volume months. Beginning in 2009, budget constraints resulted in the reduction of over 50 percent of in -house plan check staff as well as the cancelling of both the contract plan checker and outsourced plan check services. While these reductions negatively impacted plan check turnaround times, the impact was lessened by a concurrent reduction in plan check submittals due to the economic downturn. Building activity has continued to rebound from the economic recession and has shown steady increases in building activity since late 2010. In response to the rise in plan check submittals, the Building Division reinstituted outsourcing plan checks in December 2010 to improve plan check 25E -1 Plan Check Service Agreements November 15, 2016 Page 2 turnaround times as well as provide greater flexibility for applicants wishing to take advantage of accelerated plan check. In the accelerated plan check process, the applicant submits the plans to the City along with a request for accelerated plan check. The applicant then pays the regular plan check fee as well as an accelerated fee which is based on the City's estimated number of hours required to check the plans. The plans are then sent to the consultant with a guaranteed turnaround time of 15- working days. This process benefits the applicant by providing an option to expedite plan check for large, complicated and /or urgent projects. Sustained growth from the building industry combined with current turnaround times for regular (non - accelerated) plan check exceeding seven weeks has resulted in an increasing number of projects requesting accelerated plan check. Building activity has continued to increase in the past fiscal year with many projects choosing to accelerate the plan review process. Due to the number and size of the accelerated projects since 2014, including large projects such as 1901 East First Street, 301 Jeanette Lane, and The Heritage at 1951 East Dyer, contract funds have nearly expended. It is anticipated that building activity will remain at a high level and the renewal of these contracts would allow for the expedited customer services through plan check services that the building community is requesting. The Building Safety Division released a Request for Proposals on May 14, 2014 and received proposals from five firms. Based on a review of the qualifications, experience of personnel, demonstrated ability to meet the specified turnaround times and price, staff is recommending that the City enter into agreements with four out of the five structural plan check consultants. Scott Fazekas & Associates, Inc., CSG Consultants, Inc., Century Structural Engineering Co. Inc., and J Lee Engineering Inc. have contracted with the City for expedited plan check services in the past and were able to continually meet the City's requirements for availability of qualified engineering staff, turnaround time, locale, and fees. Each of these firms is well -known in the structural engineering field and have experience working with municipalities for on -call plan check services. The recommended firms offer both full and structural only plan check services at a competitive rate of 40 percent of the plan check fee calculated by the City and will process any required plan revisions and deferred submittals on a tiered rate system ranging from $85 to $100 per hour depending on the complexity level of the revision and plan check personnel assigned to the review. Accelerated plan check fees are paid entirely by the applicant. The number of available firms to send out accelerated plan checks will provide greater flexibility for the Building Safety Division to both ensure that plans are reviewed within the specified time frames, as well as route projects to firms that may specialize in a specific building type or construction method. 25E -2 Plan Check Service Agreements November 15, 2016 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #3 - Economic Development, Objective #3 (Promote a solution -based customer focus in all efforts to facilitate development and investment in the community). FISCAL IMPACT This agreement will not impact any City funds. Accelerated plan check fees paid to the City by the applicant for each project contracted out for plan check will fully fund the consultants cost to perform the plan review. These amounts will be deposited by the applicant into the Accelerated Plan Check account (account no. 09801001 - 24045) prior to the consultant commencing any work. assan Hagh hi, AI Executive Di ector Planning and Building Agency SM:rb SM:RFCA - Expedited Plan Check Services — Nov 2016 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez' Executive Director Finance and Management Services EXHIBITS: 1. Agreement with Scott Fazekas & Associates 2. Agreement with CSG Consultants, Inc. 3. Agreement with Century Structural Engineering Co., Inc. 4. Agreement with J Lee Engineering Inc. 25E -3 25E -4 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 15`x' day of November 2016, by and between SCOTT FAZEKAS & ASSOCIATES, INC., a California corporation (hereinafter "CQIrsUltant "), and the CPfY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant arlder 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 terns and conditions hereinafter set fords, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plugs, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Corxsultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. EXHIBIT 1 25E -5 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the Cumulative rates and charges identified in Exhibit A. This consultant is one of four consultants that the City has retained for on -call municipal plan check services. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM '['his Agreement shall commence on the date first written above and terminate three (3) years from said commencement date on November 15, 2019, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general lability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2.000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional 25E -6 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. Worker's Compensation Insurance. h1 accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance, Prior to commencing the performance of the wort: under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or clanged in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. G. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, aril 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. ]'his indemnity and hold harnless agreement applies to at] 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. `fhe Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special 3 25E -7 counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY 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 tnlformation" 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 ht publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefaesitnile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 . Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division 25E -8 City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, California 92702 Facsimile ('714) 647 -5897 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: Scott Fazekas & Associates. Inc. 9 Corporate Park, Suite 200 Irvine, California 92606 Facsimile (949) 475 -2560 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT' This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate either Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement 25E -9 shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. Asa condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. .IURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature lnereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 25E -10 indemnify City fully, including reasonable costs and attorney's fees, for any injIuries 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 hilly 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 Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: G LYc� c ✓��..t.2. Lisa Storck Assistant City Attorney altatle"13- 1 HASSAN IIAGHANI, Executive Director Planning & Building Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager SCOTT FAZEICAS & ASSOCIATES, INC. SCOTT FAZEICAS President Tax ID# 7 25E -11 EXHIBIT A SCOPE OF SERVICES General Description Building Safety Division of the City of Santa Ana foresees submittal of several large projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of plan checking. Scope of Services Consultant shall perform the following services for each assigned building plan review. Detail review of the mechanical, plumbing, electrical and building (architectural /structural) plans. Review supporting documents for industrial, commercial, residential and public buildings and determine compliance with applicable building standards as related to existing and proposed buildings. 2. Review the plans for compliance with California state - mandated regulations for energy conservation, disabled access and City Adopted Ordinances. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as zone A)1 or AE. 4. Recheck and approval of'Final plans and supporting documents to be provided without additional charge for recheck. 5. Submittal of approved plans and all supporting documents to the City of Santa Ana. Provide all necessary liaison with applicants via fax, phone, e -mail or in person to expedite the review process and consult on complex code issues with City of Santa Ana Building Official. 7. Plan review repot to be customized for each project and be delivered via fax, mail or e- mail to City and the applicant. A. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Engineer. 9. Plan reviewer to be consistent, accurate, available and responsive to the City and the applicant via phone, fax, e -mail and meetings. Also, the plan reviewer shall be available to the Building Official and his staff to help answer Code questions arising from review. Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 25E -12 M Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the City office with owners, architects, engineers and contractors to discuss the Plan Check issues. l 1. Plan reviewer to verify that the job description, square footages, occupancy classifications and type of construction, on the permit application agrees with the plans and specifications. Plan reviewer will also verify the building valuation based upon valuation costs used by the City of Santa Ana. 1?. Initial Plan review to be complete within fifteen (15) working days and recheck within Five (5) working days. 13. Deferred submittals, trusses, stairs, curtain walls, mechanical, plumbing and electrical plan reviews will be checked on an hourly rate of $85.00 /hour when performed by a Certified Plans Examiner and a rate of $100.00 /hour when performed by a Plan Checic Engineer. 14. Consultant fee for review services to be 40% of the City of Santa Ana Plan Check Fee. 9 25E -13 25E -14 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 15`x' day of November 2016, by and between CSG CONSULTANTS, INC., a California corporation (hereinafter "Consultant "), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES Consultant shall provide structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. EXHIBIT 2 25E -15 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment 'for its services, the cumulative rates and charges identified in Exhibit A. This consultant is one of four consultants that the City has retained for on -call municipal plan check services. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate three (3) years from said commencement date on November 15, 2019, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including heath resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional 25E -16 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. Worker's Compensation Insurance. hi accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in hill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney, (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) clays prior written notice to the City. e. if Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section. I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of'the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including Pees and costs for special 25E -17 counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and 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. "fhe foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified snail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.Q. Box 1988 Santa Ana, CA 92702 -1988 Facsimile ('714)1x47 -6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division 25E -18 City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5897 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 `to Consultant: CSG Consultants, Inc. Cyrus Kianpour, President 1700 S. Amphlett Blvd., P floor San Mateo, California 94402 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, cormvrmication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or vnitten, 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 teens and conditions hereof, shall not bind or obligate either Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, 11. ASSIGNMENT hnasnnich 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 5 25E -19 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. Asa condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such dated and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13, DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in cormection with or by reason of this Agreement. 13. 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 notily 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. 25E -20 16. MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. I-IUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By &L �? Lisa Storcic Assistant City Attorney RECOMMEND APPROVAL.: HASSAN HAGHANI, Executive Director Planning & Building Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CSG CONSULTANTS, INC. CYRUS KIANPOUR, P.E., P.L.S. President Tax TD# 25E -21 EXHIBrr A SCOPE OF SERVICES General Description Building Safety Division of the City of Santa Ana foresees submittal of several large projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of plan checking. Sco�ices Consultant shall perform the following services for each assigned building plan review. 1. Detail review of the mechanical, plumbing, electrical and building (architectural/structural) plans. Review supporting documents for industrial, commercial, residential and public buildings and determine compliance with applicable building standards as related to existing and proposed buildings. 2. Review the plans for compliance with California stale - mandated regulations for energy conservation, disabled access and City Adopted Ordinances. 3. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as zone A01 or AE. 4. Recheck and approval of final plans and supporting documents to be provided without additional charge for recheck. 5. Submittal of approved plans and all supporting documents to the City of Santa Ana. 6. Provide all necessary liaison with applicants via fax, phone, e -mail or in person to expedite the review process and consult on complex code issues with City of Santa Ana Building Official. 7. Plan review report to be customized for each project and be delivered via fax, mail or e- mail to City and the applicant. 8. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Engineer. 9. Plan reviewer to be consistent, accurate, available and responsive to the City and the applicant via phone, fax, e -mail and meetings. Also, the plan reviewer shall be available to the Building Official and his staffto help answer Code questions arising from review. Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 25E -22 10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the City office with owners, architects, engineers and contractors to discuss the Plan Check issues. 11. Plan reviewer to verify that the.job description, square footages, occupancy classifications and type of construction, on the permit application agrees with the plans and specifications. Plan reviewer will also verify the building valuation based upon valuation costs used by the City of Santa Ana. 12, Initial Plan review to be complete within fifteen (15) working days and recheck within five (5) working days. 13. Deferred submittals, busses, stairs, curtain walls, mechanical, plumbing and electrical plan reviews will be checked on an hourly rate of $85.00 /hour when performed by a Certified Plans Examiner and a rate of $100.00 /hour when performed by a Plan Check Engineer, 14. Consultant fee for review services to be 40% of the City of Santa. Ana Plan Check Fee. 25E -23 25E -24 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 15 °i day of November 2016, by and between CENTURY STRUCTURAL ENGINEERING CO., INC., a California corporation (hereinafter "Consultant "), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retail a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant wider this Agreement will be performed in compliance with such standards as may reasonably be expected from aprofessional consulting firm in the field. NOW THEREFORE, in consideration oaf the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. EXHIBIT 3 25E -25 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. This consultant is one of four consultants that the City has retained for on -call municipal plan check services. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate three (3) years from said commencement date on November 15, 2019, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire 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 sinnila•'taxes elating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of C'onsultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) nave the City, its officers, employees, agents, volunteers and representatives as additional 25E -26 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. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. I'f Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnity 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 o£ or effects, arising from this Agreement. The Consultant fiu•ther agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special 25E -27 counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and 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 Informatiod' 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 'faul't of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery. or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic comimun'ication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division 25E -28 City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5897 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 'ro Consultant: Century Structural Engineering Co., Inc. Ed. Chung, Principal 24719 Narbonne Avenue Lomita, California 90717 Facsimile (310) 539 -7678 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set firth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting ,facsimile machine, addressed asset forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 1.0. 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 tends or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate either Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior 5 25E -29 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. 1.2. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. Asa condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to tine City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 1.3, DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties fo ther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25E -30 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR. Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. � Lisa Storck Assistant City Attorney RECOMMEND APPROVAL: HASSAN HAGHANI, Executive Director Planning & Building Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CENTURY STRUCTURAL ENGINEERING CO., INC. GARY K. CHANG President Tax ID# 25E -31 EXHIBIT A SCOPE OF SERVICES Gennr l Description Building Safety Division of the City of Santa Ana foresees submittal of several large projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of plan checking. Scope of Services Consultant shall perform the following services for each assigned building plan review. l . Detail review of the mechanical, plumbing, electrical and building (architectural /stvctural) plans. Review supporting documents for industrial, commercial, residential and public buildings and determine compliance with applicable building standards as related to existing and proposed buildings. 2. Review the plans for compliance with California state - mandated regulations for energy conservation, disabled access and City Adopted Ordinances. 3. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as zone A01 or AE. 4. Recheck and approval of final plans and supporting documents to be provided without additional charge for recheck. 5. Submittal of approved plans and all supporting documents to the City of Santa Ana. 6. Provide all necessary liaison with applicants via fax, phone, e -mail or in person to expedite the review process and consult on complex code issues with City of Santa Ana Building Official. 7. Plan review report to be customized for each project and be delivered via fax, mail or e- mail to City and the applicant. &. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Engineer. 9. Plan reviewer to be consistent, accurate, available and responsive to the City and the applicant via phone, fax, e -mail and meetings. Also, the plan reviewer shall be available to the Building Official and his staff to help answer Code questions arising fi-om review. 25E -32 Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the City office with owners, architects, engineers and contractors to discuss the Plan Check Issues. IL Plan reviewer to verify that the job description, square footages, occupancy classifications and type of construction, on the permit application agrees with the plans and specifications. Plan reviewer will also verify the building valuation' based upon valuation costs used by the City of Santa Ana. 12. Initial Plan review to be complete within fifteen (15) working days and recheck within five (5) working days. 13. Deferred submittals, trusses, stairs, curtain walls, mechanical, plumbing and electrical plan reviews will be checked on an hourly rate of $85.00/hour when performed by a Certified Plans Examiner and a rate of $100.001hour when performed by a Plan Check Engineer. 1.4. Consultant fee for review services to be 40% of the City of Santa Ana Plan Check Fee. 9 25E -33 CONSULTANT AGREEMENT TI-fIS AGREEMENT made and entered into this 15`x' clay of November 2416, by and between J LEE ENGINEERING INC., a California corporation (hereinafter *'Consultant "), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide structural plan check services on request orthe Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. EXHIBIT 4 25E -34 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. This consultant is one of four consultants that the City has retained for on -call municipal plan check services. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate three (3) years from said commencement date on November 15, 2019, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to tmdertaking performance of work under this Agreement, Consultant shall maintain and shall rewire its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional 2 25E -35 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. Worker's Compensation hlsurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant Iras any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. d, The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in hill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies small not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 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 applics 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 25E -36 counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY 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. S. 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 mamner with performance of services specified under this Agreement. 9� NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by'teleficsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division 4 25E -37 City of Santa. Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5897 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Aria, California 92702 Facsimile (714) 647 -6515 To Consultant: .1 Lee Engineering Inc. .tae Lee, President 430 S. Garfield Avenue, Suite 301 Alhambra, California 91801 Facsimile (626) 284.8907 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate either Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior 25E -38 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. Asa condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such worlc product shall be the property of the City unless prohibi Led by law, and Consultant consents to the City's use thereof for such purposes as the City deers appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined. and prohibited . by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. .IURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this .Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROTESSIONAL 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. 6 25E -39 16. MISCELLANEOUS PROVISIONS a, Each undersignned 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 indenmify 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 sib natory or is withdrawn. b. All Exhibits referenced berein and attached hereto shall be incorporates] 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. HUIZ,AR. Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVAI.HO City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED APPROVAL: HASSAN HAGHANI. Executive Director Planning & Building Agency CITY OF SANTA ANA DAVID CAVAZOS City .Manager J LEE ENGINEERING, INC. JAE LEE, PE, CPE, GASP President Tax ID# 25E -40 EXHIBIT A SCOPE, OF SERVICES General Description Building Safety Division of the City of Santa Ana foresees submittal of several large projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of plan checking. Scone of Services Consultant shall perform the following services for each assigned building plan review. Detail review of the mechanical, plumbing, electrical and building (architectural/structural) plans. Review supporting documents for industrial, commercial, residential and public buildings and determine compliance with applicable building standards as related to existing and proposed buildings. 2. Review the plans for compliance with California state - mandated regulations for energy conservation, disabled access and City Adopted Ordinances. 3. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as zone A01 or AE. 4. Recheck and approval of final plans and supporting documents to be provided without additional charge for recheck. 5. Submittal of approved plans and all supporting documents to the City of Santa Ana. 6. Provide all necessary liaison with applicants via fax, phone, e -mail or in person to expedite the review process and consult on complex code issues with City of Santa Ana Building Official. Plan review report to be customized for each project and be delivered via fax, mail or e- mail to City and the applicant. S. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Engineer. 9, Plan reviewer to be consistent, accurate, available and responsive to the City and the applicant via phone, fax, e -mail and meetings. Also, the plan reviewer shall be available to the Building Official and his staff to help answer Code questions arising from review. Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 8 25E -41 10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the City office with owners, architects, engineers and contractors to discuss the Plan Cheek issues. 11. Plan reviewer to verify that the job description, square footages, occupancy classifications and type of construction, on the permit application agrees with the plans and specifications. Plan reviewer will also verify the building valuation based upon valuation costs used by the City of Santa Ana. 12. Initial Plan review to be complete within fifteen (15) working days and recheck within five (5) working days. 13. Deferred submittals, trusses, stairs, curtain walls, mechanical, plumbing and electrical plan reviews will be checked on an hourly rate of $85.00 /hour when performed by a Certified Plans Examiner and a rate of $100.00 /hour when performed by a Plan Check Engineer. 14. Consultant fee for review services to be 40% of the City of Santa Ana Plan Check Fee, 25E -42 CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENTS {STRATEGIC PLAN NOS. 5, 2, 3} CITY MJAItGER CLERK OF COUNCIL USE ONLY: :--.• 67 ❑ 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 the attached Mills Act agreements with the below- referenced property owners for the identified structures, subject to non - substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Address /House Recommended Property Approval Date/ Preservation Vote by HRC A mt. No. Herlihy Trust 2016 -04 1816 N. Heliotrope Drive 10/6/16 Hillis House 7:0 Troy & Kim Learning 2016 -05 1222 West Sharon Road 10/6/16 (Dr. Sammy Lee Hoquse) 7:0 James C. Eckert 2016 -07 422 West Santa Clara Ave. 10/6/16 (Nat Neff House ) 7:0 Rosemary Sara Chesters 2016 -09 2001 North Flower Street 10/6/16 (Phillips House) 7:0 Jason & Jennie Blonska 2016 -12 2036 North Victoria Drive 10/6/16 Leverson House) 7:0 Wayne Suraci & Merle Craig 2016 -13 1924 North Ross St. 10/6/16 (Chilson House) 6:0 Murashie abstained Marnie Schnabel 2016 -15 2510 North Valencia Street 10/6/16 (Taylor-Oglesby House ) 7:0 George Gallion 2016 -21 327 E. Washington Ave. 10/6/16 (Haley House 7:0 Oakley William Cheney & 2016 -22 2102 North Heliotrope Drive 10/6/16 Christine Groves Cheney (Kinwald House) 6:0 Murashie abstained 25F -1 Historic Property Preservation Agreements November 15, 2016 Page 2 Property Owner(s) Historic Address /House Recommended $450.05 to $2,250.26 Property (Exhibit 131) Approval Date/ 1222 W. Sharon Road Preservation HPPA No. 2016 -07 Vote by HRC Agmt. No. $129.84 to $649.19 422 W. Santa Clara Ave. George & Patricia Camaras 2016 -24 2030 North Ross Street 10/6/16 Trawick House 7:0 Duane Greenleaf 2016 -25 2211 North Ross Street 10/6/16 Gantman House 7:0 Carlos Lopez 2016 -26 2527 North French Street 10/6/16 Schlueter House 7:0 HISTORIC RESOURCES COMMISSION ACTION On October 6, 2016, the Historic Resources Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the identified property owners for the historic structures, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures (Exhibits B1 -B12). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue account (No. 01102002 - 50011) to the City by an estimated amount annually noted below, for a period of not less than ten years. HPPA No. 2016 -04 $24.96 to $124.79 HPPA No. 2016 -05 $450.05 to $2,250.26 1816 N. Heliotrope Dr. (Exhibit 131) 1222 W. Sharon Road (Exhibit 132) HPPA No. 2016 -07 $114.36 to $571.80 HPPA No. 2016 -09 $129.84 to $649.19 422 W. Santa Clara Ave. Exhibit B3 2001 N. Flower St. (Exhibit 134 25F -2 Historic Property Preservation Agreements November 15, 2016 Page 3 HPPA No. 2016 -12 $230.53 to $1,150.79 HPPA No. 2016 -13 $143.22 to $716.12 2036 N. Victoria Dr. Exhibit B5 1924 N. Ross St. Exhibit B6 HPPA No. 2016 -15 $22.90 to $114.51 HPPA No. 2016 -21 $174.89 to $874.47 2510 N. Valencia St. Exhibit B7 327 E. Washington Ave. Exhibit B8 HPPA No. 2016 -22 $28.21 to $141.06 HPPA No. 2016 -24 $91.38 to $456.91 2102 N. Heliotrope Dr. Exhibit B9 2030 N. Ross St. Exhibit B10 HPPA No. 2016 -25 $160.84 to $804.18 HPPA No. 2016 -26 $136.12 to $680.60 2211 N. Ross St. Exhibit B11 2527 N. French St. Exhibit B12 o Hassan Ha hani, AICP Executive Director Planning & Building Agency HS:rb hs \historic info \mills act agreementsWills Act Agmts 11- 15 -16.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: A. Mills Act Agreement Template B1 -B12. Historic Resources Commission Staff Reports 25F -3 25F -4 MILLSACTAGREEMEwT Address Smtta Ana, CA 9270 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ( "Agreement ") is made and entered into this Date by and between the City of Santa Ana of California (hereinafter referred to as "City "), Proper Owner(s) (hereinafter referred to as "Owner "), owner of real property located at Address Santa Ana, California, 9270_ in the County of Orange and listed on the Santa Ana Register of Historical Properties, IN V-011110 ILI A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 ct seq. (known as the "Mills Act ") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property at Address ' Santa Ana, California, 9270_ and more particularly described in Exlvbit A, attached hereto and 'incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Historic Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. EXHIBIT A -1- 25F-5 MILLSACTACREEMENT Andress Santa Area, CA 9270_ E. The Owner and the City intend to carry out the purposes of California Govemnient Code, Chapter 1, Part 5 of Division I of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division I of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on this Date (Effective Date), and shall remain in effect for a term of ten (10) years thereafter (Term). Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the Effective Date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (901 days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the Term of the Agreement as provided herein. a Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the Term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the Term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25F-6 MILLSACTAGREEMENT Address Santa Arm, CA 9270 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the Historic Property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit C and incorporated herein by reference, Owners shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owners shall not be permitted to block the view corridor to the Historic Property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. P. Owners shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's compliance with the terns and provisions of this Agreement. 4. Furnishing of information. The Owners hereby agree to furnish the City with any and all. information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25F-7 MILLS ACTAGREEMENT Address Santa Ana, CA 9270 S. Cancellation. a. The City, following a duty noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation 'fee shall be a percentage (currently set at twelve and one - half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60 %) of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God, force majeure, or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Goverruncnt Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and /or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, tinder the provisions to cancel the Agreement by the Owners, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25F-8 HILLS ACTAGREEMENT Address Sawn Ana, CA 9270 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property located at Address Santa Ana, California, 9270_, Assessor Parcel Number, at A.P. No. , and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants ruining with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property oil the account of the restrictions on the use and preservation of the Historic Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owners: Property Ou,ner(s) Address Santa Ana, California, 9270 -5- 25F-9 MILLS ACT AGREEMENT Address Santa Ana, CA 9270 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manmer whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g, This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in (range County. -6- 25F-10 A41LLS ACT AGREENIFNT Address Smith Ann, CA 9270 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into this Agreement, the Owner or agent of Owner shall provide written notice of this Agreement to the State Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. .7. 25F-11 MILLSACTAGREEWNT Address Santa Ann, CA 9270 In witness whereof, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIIAR Clerk of the Council C1I.�1►1_01N Date. Property Owner(s) APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: Lea"' < <V � d- Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager Property Oivner(s) -8- 25F-12 MILLSACTAGREEMENT Address Santa Aim, CA 9270 Exhibit A Le �d! Descr�)tion filed in the Office of the County Recorder of Orange County. Assessor's Parcel Number: A.P. Number -9- 25F-13 MILLSACTAGREEMENT Address Smug Aria, CA 9270_ Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements firm the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with _ to- 25F-14 MILLS ACT AGREFIVENT Address Santa Ann, CA 9270 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 'I I - 25F -15 MILLSACTAGREE.MENT Address Santa Ana, CA 9270_ Exhibit C (photographs attached) Photograph of Property Front elevation -12- 25F -16 TITLE HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016 -04 FOR PROPERTY LOCATED AT 1816 NORTH HELIOTROPE DRIVE (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by _HaSobOleske NISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended IJ As Amended ❑ Set Public Hearing For CONTINUED TO PlanAna' Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Herlihy Trust, subject to non - substantive changes approved by the City Manager and City Attorney. Reguest of Applicant Herlihy Trust is requesting approval of a Historic Property Preservation Agreement for an existing residence located at 1816 North Heliotrope Drive to the Santa Ana Register of Historical Properties. Proiect Location and Site Description The subject property consists of a 2,822- square -foot, single -story Spanish Colonial Revival style residence and detached garage on an 11,935 - square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure was designated to the Santa Ana Register of Historical Properties in January 2003 and was categorized as Landmark as the Hillis House (Exhibit 2). EXHIBIT B1 25F -17 HPPA No. 2016 -04 October 6, 2016 Page 2 Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. CEQA Compliance This project is not subject to the California Environmental Quality Act as it is not a project. Strategic Plan Alianment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods). N5i c.--- Hally Soboleske Senior Planner HS:jm hslHisloric InW100616HRMhppa16�04.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25F -18 Health, Livability, conservation and opportunities and 500' RADIUS ..A NO. 2016-04 WILLIS 1816 NORTH HELIOTROPE DRIVE WOUSE PLANNING AND BUILDING AGENCY EXECUTIVE SUMMARY HILLIS HOUSE 1816 North Heliotrope Drive Santa Ana, CA 92706 NAME Hillis House REF. NO. ADDRESS 1816 North Heliotrope Drive CITY Santa Ana "LIP 1 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTKICT N!A NEIGHBORHOOD Floral Park NA'CIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL, REGISTER STATUS CODE 3S Location: ❑ Not for Publication 0 (.unrestricted ❑ Prehistoric R Historic ❑ Both ARCHITECTURAL STYLE: Mission /Spanish Colonial Revival The Mission /Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low - pitched roots, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1919 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 19H, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low- pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls, The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone. SUMMARY /CONCLUSION: The Hillis House qualifies for listing in the Santa Ana Register of Historical Property under Criterion I for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival. The house also contributes to the historic character of Floral Park through its age, style, scale, and historic association with an important member of the local business community. Additionally, the house has been categorized as "Landmark" for its "unique architectural significance" as an intact and substantial interpretation of the Spanish Colonial Revival style (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 oflnstructions for Recording Historical Resources, Office of Irlistorie Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high mtistic values, or than represent a significant and distmeguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. EXHIBIT 2 25F -20 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trtnoml Other L Review NRHP Status or number (assigned by recorder) P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0054 Date: *c. Address 1816 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 094 -01; TR 748 LOT 35, LOT 24 N 1/ THEREOF. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on the southwest corner of Heliotrope Drive and Nineteenth Street, this is a generously scaled home in the Spanish Colonial Revival style. The asymmetrically massed house consists of a two -story, side - gabled, west (rear) wing and a one- story, front - gabled, east wing. Red clay tiles clad the shallowly overhanging roofs. Stucco covers the exteriors. Windows are primarily flat - headed, three - light, double casements, some with generous reveals, others with none. Notable features of the design include a tapered chimney attached to the fagade, a wooden balcony at the northeast corner of the two -story wing, and a cantilevered second story overhang accented by wooden corbels on the north elevation. Decorative features include an inset file panel on the chimney face and wooden shutters that adorn some windows. The main entry is located beneath the balcony and consists of an elaborately paneled wood door set within an archway flanked by chamfered pilasters. Another entry, also arched, leads to a former courtyard space, now enclosed, south of the chimney. Lush, Mediterranean plantings enhance the property, which also contains a one -story garage /guest house in the rear. An impressive deodar cedar tree shades the Heliotrope Drive setback. Other than the courtyard enclosure, the home is unaltered and is in excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: ■Building ❑Structure 00bject ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) North and east elevations December 2002 *P8. Date Constructed /Age and Sources: ■historic 1930ISource: Building Permit W. Owner and Address: Herlihy Trust 1816 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumamt SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *155. Date Recorded: January 2, 2003 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. *Attachments: ONone OLocation Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record DArchaeological Record ODistrict Record ❑linear Feature Record OMilling Station Record DRock Art Record DArtifact Record ElPhotograph Record 0 Other (list) DPR 523A (1196) 25F -21 'Required information State of California —The Resources Agency Primary # _ DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 3S *Resource Name or #: Hillis House B1. Historic Name: Hillis House B2. Common Name: Some B3. Original Use: Single - family Residence B4. Present Use: Single - family residence *65. Architectural Style: Mission /Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930. February 28, 1930. Residence and garage. August 28, 1933. Addition. September 13, 2000. Construct lath house. *B7, Moved? ■No IJYes 13Unknown Date: Original Location: *138. Related Features: Garage, deodar cedar tree. B9a. Architect: Unknown b. Builder: Ball and Honer *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888.1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terns of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Hillis House is architecturally significant as a characteristic example of the comfortably sized and fashionably detailed revival styled homes that were built In Floral Park during the 1920s and 1930s, This Spanish styled home was apparently built on speculation by developers Bell and Honer, using in -house designers. The 1930 cost of construction for the eight -room house was $10,000, a large surn at the time. By 1931, Cloyd C. Hillis, his wife Carrie S. Hillis, and Jack C. Hillis, a student, had taken possession. Cloyd Hillis was the manager of the Orange County Fruit Exchange. (See Continuation Shoat 3 of 3) 811. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Shoat 3 of 3.) 813. Remarks: *814. Evaluator: Leslie J. Neumann *Date of Evaluation January 2, 2003 (This space reserved for official comments.) DPR 5236 (1195) 25F -22 Sketch Map Hillis House 1816 North Heliotrope Drive b 19 7H. 1, o.p s a *Required Information �___ \✓ Nth r 1, Information State of California -- TheResourcesAgency Primary# DEPARTMENT OF PARKS AND RECREATION NRI # CONTINUATION .SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Hillis House `Recorded by Leslie J. Neumann "Date January 2, 2003 ® Continuation ❑ Update *B10. Significance (continued): The Hillis House is located In Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, Now York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register September 15 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonist, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as tre 1935 Art Deco styled Old Santa Ana City Hall, the Ei Toro Marine Base during World War 11, and the 1960 Honer Stropping Plaza. Honor lived In the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park, An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the promier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. Tire Hillis House qualifies forlisting in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival. Notable in this regard are the asymmetrical massing, the use of stucco and tile, and the incorporation of arches, a balcony, and a corbelled overhang into the design. The house also contributes to the historic character of Floral Park through its age, style, scale, and historic association with an important mernber ofthe local business community. Additionally, (ho !house has been categorized as "Landmark" for its unique architectural significance as an intact and substantial interpretation of the Spanish Colonial Revival style. All original exterior features of the Hillis House are considered character - defining and should be preserved, including, but not limited to: materials and finishes; roof configuration, materials, and detailing, massing; windows and doors; balcony; chimney,, architectural details such as corbels, arches, wing wall, tile panel, pierced stucco grille, wrought ironwork; garage; and original landscape features such as the deader cedar tree. *B12. References (continued); Harris, Cyril M. American Architecture: An Illustrated Encvdooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History, Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. Now York: Alfred A. Knopf, 1984. National Register Bullotin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept of the interior, 1991. Office of Historic Preservation. "Instnrctions for Recording Historical Resources." Sacramento: March 1995, Whiffan, Marcus. American Architecture Since 1780. Cambridge; MIT Press, 1969.. "Alison Honer Dies at 84," Tlhe Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orange County Rogister September 15, 1981. "History of Floral Park." http:11www .floral- park..com /page2lrtrnl Talbert, Thomas (editor-in- chief). Historical Volume and Reference Works Inciudino Biological Sketches of Leading Cilizw"Is, Volume 1. Whtttier, Historical Publishers, 1963, Santa Ana City Directory, 1931. DPR 523L 25F -23 25F -24 PUBLIC BEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016-04, HISTORIC REGISTER CATEGORIZATION NO. 2016-04, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016-05 FOR PROPERTY LOCATED AT 1222 WEST SHARON ROAD {STRATEGIC PLAN NOS. 5,2; 513) Prepared by Hally Soboleske _ APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO ( xecu' e Director Planning Manage r r s 1. Adopt a resolution approving Historic Resources Commission Application No. 2016 -04 and Historic Register Categorization No. 2016 -04. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Troy and Kim Learning, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Troy and Kim Leaming are requesting approval to designate an existing residence located at 1222 West Sharon Road to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana, Pro iect Location and Site Description The subject property consists of a 2,197 square foot, single -story Ranch style residence and detached garage on a 14,720- square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana EXHIBIT B2 25F -25 HRCA No. 2016 -04, HRC No. 2016 -04 & HPPA No. 2016 -05 October 6, 2016 Page 2 Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Dr. Sammy Lee House, has distinctive architectural features of the Ranch style and was built in 1955 by C.P. Kennedy. Character defining features of the Dr. Sammy Lee House that should be preserved include, but may not be limited to, materials and finishes (board -and- batten siding and Palo Verde rock); roof configuration and detailing; original windows and doors where extant; wood garage door with decorative hinges (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties as "Contributive" because it .'contributes to the overall character and history' of Santa Ana, and, as an intact example of the Ranch House style in the Fisher Park neighborhood, "is a good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3), To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25F -26 HRCA No. 2016 -04, HRC No. 2016 -04 & HPPA No, 2016 -05 October 6, 2016 Page 3 Public Notification The subject site is located within the Fisher Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Fisher Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing; no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -104 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 & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Soboleske Senior Planner HS:jm WHistoric InfoY 00618 hIRG \hrcaI6- 04hr016- 04hpp06- 05.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25F -27 63irom:7\4ll�f.9 1222 WEST SHARON ROAD D' SAMMY LEE HOUSE PLANNING AND BUILDING AGENCY r EXECUTIVE SUMMARY DR. SAMMY LEE HOUSE 1222 W. Sharon Road Santa Ana, CA 92706 NAME Dr. Sammy Lee House REF, NO. ADDRESS 1222 West Sharon Road CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1955 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s, The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor - outdoor integration. While the style includes several variants, a basic set of character - defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L- shaped or U- shaped in plan, the Ranch House typically has a one -story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical In design, the Ranch House is often sheathed in and accented with rustic materials such as board -and- batten siding, high brick foundations, art stone, and wood shake roofs. Indoor - outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond- patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. The Colonial Revival Variant of the Ranch House incorporates classic - revival details such as an elaborated entrance, with the main entry Flanked by columns and/or pilasters and sidelights, six -over -six double -hung wood sash windows, and a more symmetrical composition than the other stylistic variations of the Ranch House. SUMMARY /CONCLUSION: The Dr. Sammy Lee House also qualifies for listing in the Santa Ana Register of Historical Property is an excellent example of a Ranch style structure. Additionally, the house has been categorized as "contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of the Ranch House style, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: * California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. State of California —The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI —_ - -- PRIMARY RECORD Trinomial NRHP Status Code Other Listings _ Review Code Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorder) Dr. Sammy Lee House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2036 N. Victoria Drive City Santa Ana Zip 92706 *a. Other Locational Data: Assessor's Parcel Number 001- 137 -12 *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Dr, Sammy Lee House is designed in the Ranch style of architecture, and is single story, and "L" shaped with a side - facing garage. The roof is sheathed in wood shake shingles and the exterior cladding is a combination of board and batten wood siding, stucco, and light colored Palo Verde rock to the left of the front entry. The garage door is a wood tilt -up design with decorative hinges to simulate a barn door. Windows are wood and in a variety of configuratons including six - over -six single hung, and sidelights with five lights on either side of the front entry. The front entry door is wood with four lights at the top. The driveway is semicircular and the yard is landscaped with mature trees, boxwood and sprawling grass. *113b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: eBuilding ❑Structure ❑Object ❑Site []District ❑Element of District DOther *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. P5b. Photo: (view and date) North facing elevation 2016 *P8. Date Constructed /Age and Sources: ■historic 1955ICity of Santa Ana Building Permits *P7. Owner and Address: Try and Kim Learning 1222 W. Sharon Road Santa Ana, CA 92706 *P8. Recorded by: H. Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: October 6, 2016 *P10. Survey Type: Intensive Survey Update *Attachments: ❑None ❑Location Map ❑Sketch Map SContinuation Sheet wGuiiding, Structure, and Object Record OArchaeological Record ❑District Record DLinear Feature Record ❑Milling Station Record DRock Art Record ❑Artifact Record ❑Photograph Record D Other (list) DPR 523A (1195) 25F -30 *Required Information State of California —The Resources Agency Primary# _ DEPARTMENT OF PARKS AND RECREATION HRI# _ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 - KeeoUrCe Name Or IF: Ur..Sammy Lee House B1. Historic Name: Dr. Sammy Lee House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single- family Residence *B5. Architectural Style: Ranch House *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1955 May 1955. 7room residence and garage. October 1957. Private swimming pool. December 1957. Pool club room. June 1963. Addition to residence. April 1982. Raroof residence. *B7. Moved? ■No OYes OUnknown Date: Original Location: *85. Related Features: None. 89a. Architect: Unknown b. Builder., C. P. Kennedy *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895.1965 Property Type: Single - family Residence Applicable Criteria: NR: Q CR. 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Dr. Sammy Lee House is an example of the Ranch style of architecture. It was built in 1955 by C. P. Kennedy. The first occupant was Dr. Samuel "Sammy" Lee, the first Asian American to win an Olympic Gold Modal for the United States and first back - to- back winner in Olympic platform diving. Dr. Lee was born in 1920 In Fresno, California, and trained for diving by jumping into a sand - fitted pit at his coach's house because in the 1930's Latinos, Asians, and African Americans were only allowed to use the pool on "International Day" on Wednesdays. He also went on to train Greg Louganis,a diver who went on to win multiple Olympic medals. He graduated from the University of Southern Caifiomia's School of Medicine. Dr. Lee, at 96, now lives in a care home. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *614. Evaluator: Hally Soboleske *Date of Evaluation: October 6, 2016 (This space reserved for official comments.) DPR 523B (1195) 25F -31 001 - 137 -12 1222 W. Sharon Road .o n'a ci� 5 V � U ` � i, �1 ®rl� i� O t�ttV n ' SIS MVEp ' ell ,., *Required Information 0 ¢ .@ �1 ®rl� i� O t�ttV n ' SIS MVEp ' ell ,., *Required Information State of California —The Resources Agency Primary If DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial of 4 Resource Name or # {Assigned t by Hally Sobolaske `Date October 6, 2016 O Continuation ❑ "B10. Significance (continued: Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago do Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grow outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Dc Sammy Lee House is located in Fisher Park, a neighborhood north of West Floral Park and bounded by Sharon Road (west of North Flower Street) and Memory Lane (east of North Flower Street) on the north, Interstate 5 on the east, Santiago Creek (west of North Flower Strout) and Park Lane (east of North Flower Street) on the south, and Bristol Street on the west. The neighborhood takes Its name from Jacob (Jack) Fisher. Born in Yakima, Washington, Fisher moved to Santa Ana with his parents and sister in the early twentieth century. In April 1917, upon the United States' entry into World War 1, Fisher enlisted in the US Army when he was 18 years old. Assigned to Company L, Seventh California Regiment, Fisher latered advanced to the level of corporal in the 58" Infantry of Company D. During his service in World War 1, Fisher received several high -level honors for his service in France, Including a Purple Heart, French Croix de Guerre with Palm, and the Medaiile Militaire, France's highest military recognition. After surviving the battles of Argonne Forest and Verdun, Fisher's final battle was fought In Argonne, from which he emerged with grave injuries. In 1919, Fisher returned to the United States for a period of convalescence. During his recuperation at the military hospital in San Francisco, Fisher studied art and cartoon illustration, which he developed into a career as a cartoonist for the San Francisco Examiner and later, Santa Ana Ra ister upon his return to Santa Ana in 1927, A decorated veteran with awards from Italy, Belgium, Britain, France, and the United States, Fisher was Instrumental in the formation of the Santa Ana Chapter of the Disabled American Veterans. After Fisher's death at the age of 30, in March 1929, the Chapter of Disabled American Veterans he helped form took his name as the Jack Fisher Post, Chapter of Disabled American Veterans. On August 23, 1933, construction was completed on a park north of Santiago Creek on North Flower Street and dedicated as the Jack Fisher Memorial Park. Prior to its residential development, Fisher Park formed Lots 5B, 8 and 9 of the Potts, Borden and Sidwell Tract, subdivided in 1681. Current-day interstate 5 conforms to the prominent diagonal swath cut by the Southern Pacific Railroad line, which was established In Santa Ana in the late 1870s and still forms the eastern border of the Fisher Park neighborhood. With the exception of the Southern Pacific Railroad line, the area remained agricultural through much of the first half of the twentieth century, with walnut groves and orchards dotting the landscape. In November 1947, residential development arrived when a narrow strip was cleared, graded, and subdivided into 25 lots offered as Tract No. 1160, 'River Lane Tract "on which present -day Sharon Road appeared as River Lane. Mirroring the curve of Santiago Creek to the south, the streets displayed a curvilinear layout, with lots ranging in size from 70 to 130 feet long, 140 to 190 daep. Three years later, in August 1950, another curvilinear subdivision appeared east of Flower Street with smaller lots, averaging 60 feet by 90 feet, arranged around a curvilinear pattern with cut de sacs. An outgrowth of earlier City Beautiful and Garden City models, this curvilinear layout reflected neighborhood planning preferences codified in the 1930s by the Federal Housing Administration (FHA), which regulated and financed the increase in home ownership through its mortgage lending and insurance programs. During the post -WWII housing expansion In the United States, the FHA - endorsed model for city planning as reflected in the neighborhood of Fisher Park "set the standards tbr the design of post -World War 11 subdivisions." (National Raglster Bulletin Historic Residential Suburbs, p. 49). Construction quickly transformed the neighborhood from agricultural to residential. A 1947 aerial photograph taken a few months before creation of the River Lane Tract shows the area dominated by groves of trees. By 1955, nearly all the lots of both tracts had been improved with single- family residences with uniform setbacks, mostly in the Ranch House style popular in the 1950s and 1960s, in a configuration and unity of design still reflected there today (2006). The Or Sammy Lee House qualifies for listing in the Santa Ana Register of Historical Properties as "Contributive ". Additionally, the house has been categorized as 'Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an Intact example of the Ranch House style in the Fisher Park neighborhood, 'is a good example of period architecture." Character - defining exterior features of the Dr. Sammy Lee House that should be preserved include, but may not be limited to, materials and finishes (board - and- betten siding and Palo Verde rock); roof configuration and detailing; original windows and doors where extant; wood garage door with decorative hinges. B12. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Cultural Heritage Commission, City of Santa Ana. "Historical Landmarks, Inventory Form, Bowers Museum,' September 12, 1979. Available at the Santa Ana Public Library History Room. APR 523E 25F -32 State of California —The Resources Agency Primary # _ DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Dr. Sammy Lee House *Recorded by Hally Soboleske *Date Oclober 6, 2016 0 Continuation ❑ Update Harris, Cyril M. American Architecture., An Illustrated Encyclopedia, New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interlor, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources." Sacramento: March 1995, Santa Ana and Orange County Directories, 1932 -1954. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969, DPR 523L 25F-33 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO.2016 -xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -04 TO PLACE THE PROPERTY LOCATED AT 1222 WEST SHARON ROAD, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2016 -04 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 6, 2016 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2016 -04 and categorization (Historic Resources Commission Categorization No. 2016 -04 of the Dr. Sammy Lee House located at 1222 West Sharon Road Santa Ana. B. The Dr. Sammy Lee House has distinctive architectural features of the Ranch style, and was built in 1955 by C.P. Kennedy. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Ranch House style in the Fisher Park neighborhood, "is a good example of period architecture." Character - defining features of the Dr. Sammy Lee House that should be preserved include, but may not be limited to, materials and finishes (board - and - batten siding and Palos Verde rock); roof configuration and detailing; original windows and doors where extant; wood garage door with decorative hinges. D. The legal owners of the subject property are Troy and Kim Leaming. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code. Resolution No. 2016 -xx Page 1 of 4 25F -34 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property Contributive category Municipal Code, meets the minimal standards for placement in the pursuant to Section 30- 2.2(3) of the Santa Ana Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review Linder Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -104 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2016 -04 to place the Dr. Sammy Lee House located at 1222 West Sharon Road, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2016 -04 placing the Dr. Sammy Lee House located at 1222 West Sharon Road, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorders Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 6th day of October, 2016, Alberta Christy Chairperson Resolution No. 2016 -xx Page 2 of 4 25F -35 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 6, 2016. Io1 Acting Recording Secretary City of Santa Ana 25F -36 Resolution No, 2016 -xx Page 3 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 8103 t a APN Address Owner Names Legal Description 001 - 137 -12 1222 W. Sharon Road Troy and Kim Learning N TR 1878 LOT 5 Exhibit A Resolution No. 2018-xx Page 4 of 4 25F -37 25F -38 PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016-08t HISTORIC REGISTER CATEGORIZATION NO, 2016 -07, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016-07 FOR PROPERTY LOCATED AT 422 WEST SANTA CLARA AVENUE {STRATEGIC PLAN NOS. 5,2; 5,3} Prepared by Hally Sobaleske HISTORIC RESOURCES COMMISSION SECRETARY APPROVED 0 As Recommended 0 As Amended ❑ Set Public Hearing For CONTINUED TO E cu tiv irector Planning Ma alter 1. Adopt a resolution approving Historic Resources Commission Application No. 2016 -08 and Historic Register Categorization No. 2016 -07. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with James C. Eckert, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant James C. Eckert is requesting approval to designate an existing residence located at 422 West Santa Clara Avenue to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Protect Location and Site Description The subject property consists of a 1,203- square -foot, single -story English Tudor style residence and detached garage on a 6,600- square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listin In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana EXHIBIT B3 25F -39 HRCA No. 2016 -08, HRC No. 2016 -07 & HPPA No. 2016 -07 October 6, 2016 Page 2 Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Neff House, has distinctive architectural features of the English Tudor style and was built in 1924 by Roy Russell. Character defining features of the Neff House that should be preserved include, but may not be limited to, materials and finishes including the cross - gabled roof configuration, arched entry, original windows and all exterior materials (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it is a" good example of period architecture," Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25F -40 HRCA No. 2016 -08, HRC No. 2016 -07 & HPPA No. 2016 -07 October 6, 2016 Page 3 Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing; no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -108 will be filed forthis project. Stratecile Plan Aiianment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). --A- ° ` 1 Hally Soboleske Senior Planner HS:jm WHtstoric InfoV00616FIRG lhrcal0- 09hrc16.07hppal6- 07.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25F -41 500' RADIUS HRCA NO. 2016- 08 /HRC NO. 2016 -07 422 WEST SANTA CLARA AVENUE NEFF HOUSE PLANNING AND BUILDING AGENCY EXECUTIVE SUMMARY NEFF HOUSE 422 W. Santa Clara Avenue Santa Ana, CA 92706 NAME Neff House REF. NO. ADDRESS 422 W. Santa Clara Avenue CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1924 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N!A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication Z Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached Its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco wails and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the fagade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARYICONCLUSION: The Neff House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style "is a good example of period architecture" (Municipal Code, Section 30 -2.2), EXPLANATION OF CODES: + California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 5: Ineligible for the National Register, but still of local significance. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation EXHIBIT 2 25F -43 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI ##_ PRIMARY RECORD Trinomi, NRHP Status Other Listings____. Review Code or number (assigned by P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 422 W. Santa Clara Avenue City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002- 111 -04 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This English Revival residence has a steeply pitched, cross - gabled roof in keeping with the style and has no eaves. It is topped with asphalt shingles and clad entirely in smooth stucco. The front facing gable is pierced by an attic vent at its apex, is asymmetrical and has an arched entry leading to the front door. This main bay also has three narrow and arched windows. A two car garage sits to the rear of the property, but is nondescript in style. The front yard landscape includes concrete tiles with grass growing between them, as well as a mature tree. The house is in excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: ■Building ❑Structure ❑Object E7Site ❑District ■Element of District ❑Other Photo l 1 �Wl ._ TA � WIR *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None P5b. Photo: (view and date) North facing elevation 2016 *P6. Date Constructed /Age and Sources: ■historic 1924 *P7. Owner and Address: James C. Eckert 422 W. Santa Clara Avenue Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *Pg. Date Recorded: October 6, 2016 *P10. Survey Type: Intensive Survey Update *Attachments: ONone ❑Location Map ❑Sketch Map nContinuation Sheet NBuilding, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record OPhotograph Record O Other (list) DPR 523A (1195) 25F -44 *Required information State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION Page Primary F -11,11 *Resource Name or #: Neff House B1. Historic Name: Neff House B2. Common Name: Same B1 Original Use: Single - family Residence B4. Present Use: Single- family Residence *135. Architectural Style: English Revival *86. Construction History: (Construction date, alterations, and date of alterations): Constructed 1924 January 1924. Residence and garage by Roy Russell. January 1936. Reroof. February 1946. Furnace by Grossnickle. September 1949, Addition to residence, 5x10 room for Mildred Talbot. April 22, 1980. Private swimming pool for Russo. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *88. Related Features: None. 69a. Architect., Unknown b. Builder: Roy Russell *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901 -1954 Property Type: Single- family Residence Applicable Criteria: NR: B,C; CR: 2,3 (Discuss Importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Neff House was built by Roy Russell, a prolific builder in the area. The first occupants were Nathaniel "Nat' and Kathryn Neff. Nat was the County Engineer for Highways and in 1926, oversaw the widening of Seventeenth Street and the first paving of Pomona Street. Mrs. Neff was a memberof the Philanthropic Educational Organization (PEO) Sisterhood and Ebell Society, organizations that further the advancement of women. In 1939, the Neffs moved to a larger house on Broadway, and Alvah and Mildred Talbot bought the home. Alvah was an accomplished musician having studies music at the State College of Washington. He played saxophone and clarinet. The Talbots lived in the home for many years. (See Continuation Sheet 3 of 4.) 811. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Aria Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: "1314. Evaluator: Hally Soboleske *Date of Evaluation: October 2016 (This space reserved for official comments.) Sketch Map Neff House 422 W. Santa Clara Avenue TRACT O , .s WO „ A 03-14, a ©, X ROSS a CJ O DPR 5238 (1/95) 25F-45 "Required Information ao =eoo r TRACT r, a =iGa,a ,RS DPR 5238 (1/95) 25F-45 "Required Information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Neff House 'Recorded by Hally Soboleske 'Date October 06, 2016 O Continuation ❑ Update "810. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated Flelds and orchards dotted with widely scattered farmhouses. The Neff House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes In Santa Ana" (Orange County Register, September'15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" Oran e County Register, September 15, 1981), Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco- styled Old Santa Ana City Hall, the El Toro Marine Base during World War Il, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and '1930s, another builder, Ray Roscoe Russell (1881 - 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at2009 Victoria Drive. In the early post -World War II years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Neff House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it is a" good example of period architecture ". Character defining features include cross - gabled root configuration, arched entry, original windows and all exterior materials. 'B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses, New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources," Sacramento: March 1995. Whiffen, Marcus, American Architecture Since 178 0. Cambridge: MIT Press, 1969, Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. "The Gingerbread Lande Holiday Home four, 1999." Brochure. Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Orange Countv Genealogical Society Quarterly, December 1993, pages 4 -7. Santa Ana and Orange County Directories, 1905 -1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. APR 523L 25F-46 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -08 TO PLACE THE PROPERTY LOCATED AT 422 WEST SANTA CLARA AVENUE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2016 -07 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SAN'T'A ANA AS FOLLOWS: Section 1, The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 6, 2016 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2016 -08) and categorization (Historic Resources Commission Categorization No. 2016 -07) of the Neff House located at 422 West Santa Clara Avenue, Santa Ana. B. The Neff House has distinctive architectural features of the English Tudor style, and was built in 1924 by Roy Russell. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it is "a good example of period architecture ". Character - defining features of the Neff House that should be preserved include, but may not be limited to, materials and finishes including cross - gabled roof configuration, arched entry, original windows and all exterior materials. D. The legal owner of the subject property is James C. Eckert, E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code. Resolution No. 2016 -xx Page 1 of 4 25F -47 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30- 2.2 (3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -108 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2016 -08 to place the Neff House located at 422 West Santa Clara Avenue, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2.016 -07 placing the Neff House located at 422 West Santa Clara Avenue, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 6th day of October, 2016. Alberta Christy Chairperson Resolution No. 2016 -xx Page 2 of 4 25F -48 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 6, 2016. Date: Acting Recording Secretary City of Santa Ana 25F -49 Resolution No, 2016 -xx Page 3 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names ( Legal Description i 002 - 111 -04 422 W. Santa Clara Avenue James C. Eckert R BK 3 PG 14 PAR 10 Exhibit A Resolution No. 2016 -xx Page 4 of 4 25F -50 [oT�it73 r TITLE: PUBLIC HEARING - HISTORIC RESOURCES COMMISSION APPLICATION NO, 2016 -09, HISTORIC REGISTER CATEGORIZATION NO, 2016 -08, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016 -09 FOR PROPERTY LOCATED AT 2001 NORTH FLOWER STREET {STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by _ Hally Soboleske HISTORIC RESOURCES COMMISSION SECRETARY APPROVED • As Recommended • As Amended 0 Set Public Hearing For CONTINUED TO -- Exec five Dirr — - Planning Mana ✓ -- - 1. Adopt a resolution approving Historic Resources Commission Application No. 2016 -09 and Historic Register Categorization No. 2016 -08. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Rosemary Sara Chesters, subject to non - substantive changes approved by the City Manager and City Attorney. Request of ADDlicant Rosemary Sara Chesters is requesting approval to designate an existing residence located at 2001 North Flower Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 2,624 square foot, single -story English Revival style residence and detached garage on an 11,340- square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties, The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana EXHIBIT B4 25F -51 HRCA No. 2016 -09, HRC No. 2016 -08 & HPPA No. 2016 -09 October 6, 2016 Page 2 Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Phillips House, has distinctive architectural features of the English Revival style and was built in 1936 by Jasper Famey. Character defining features of the Phillips House that should be preserved include, but may not be limited to, materials and finishes including roof and chimney configuration, original windows, private courtyards and all exterior materials (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it is a "good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits Include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25F -52 HRCA No. 2016 -09, HRC No. 2016 -08 & HPPA No. 2016 -09 October 6, 2016 Page 3 Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -106 will be filed for this project. Stratealc Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Haily Soboleske Senior Planner HS :jm hsWisloric InFok iOO616FIRC lhrcal6 -09hrcl6,08hppal6- O9.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25F -53 HRCA NO. 2016- 09 /HRC NO. 2016 -08 2001 NORTH FLOWER STREET PHILLIPS HOUSE PLANNING AND BUILDING AGENCY mwvl EXECUTIVE SUMMARY PHILLIPS HOUSE 2001 N. Flower Street Santa Ana, CA 92706 NAME Phillips House REF. NO. ADDRESS 2001 N. Flower Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1936 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT NIA NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and '1930s, the English Revival draw upon the English country house for Its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the fagade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: The Phillips House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001) 5: Ineligible for the National Register, but still of local significance. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation EXHIBIT 2 25F -55 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI #_ Trinomial NRHP Status Code Other Listings Review Code Reviewer Resource name(s) or number (assigned by re( Date P1. Other Identifier: *P2. Location: ❑Not for Publication aUnrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: 'c. Address 2001 N. Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002- 093 -09 *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This English Revival styled home faces west, and is topped with a steeply pitched, cross - gabled roof covered with shingles that is typical of English and Tudor Revival styles. A single gable faces the street, with the brick chimney jutting into the sky on the left side of the house. A small dormer with window pierces the roofline to the south of the rear bay. The eaves are very narrow which is typical of the architectural style. A large bow window sits in the center of the front fagade with small openings in the stucco on either side of the bow that open to little courtyards, one of which leads to the front entry. The front door lies within the southernmost courtyard that is surrounded by small pilasters and wrought iron fencing. The front door is arched and composed of heavy timber. Three casement windows face the front. The front yard is well manicured and the property is In excellent condition. *133b. Resource Attributes: (list attributes and codes) HP2. Single - Family Property *P4. Resources Present: ■Building OStructure ❑Object ❑Site DDistrict ■Element of District ❑Other *1311, Report Citation: (Cite survey report and other sources, or enter "none") None P5b. Photo: (view and date) West facing elevation 2016 *P6. Date Constructed /Age and Sources: ■historic 1936 *P7. Owner and Address: Rosemary Sara Chesters 2001 N. Flower Street Santa Ana, CA 92706 *P$. Recorded by: Holly Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: October 6, 2016 *P10. Survey Type: Intensive Survey Update *Attachments: ONone OLocation Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record DArchaeological Record DDistrict Record OLinear Feature Record OMilling Station Record DRock Art Record DArtifact Record OPhotograph Record D Other (list) DPR 523A (1/95) 25F -56 *Required information Stake California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 533 *Resource Name or #: Phillips House B1. Historic Name: Phillips House B2. Common Name: Same 83, Original Use: Single - family Residence 84. Present Use: Single- family Residence *85. Architectural Style: English Revival *86. Construction History: (Construction date, alterations, and date of alterations): Constructed 1936 October 1936. Residence and garage. January 1952. Add shed to private rumpus room including separate meter. August 1969. Private swimming pool. September 1969. Patio. December 1983. Patio with screen enclosure. *B7. Moved? ■No E3Yes ❑Unknown Date: Original Location: 14 *B8. Related Features: None. B9a. Architect: Unknown b. Builder; Jasper Famey *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901 -1954 Property Type: Single - family Residence Applicable Criteria: NR: B,C, CR. 2,3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Phillips House was constructed by Jasper Farney, a prolific builder in the area, for Earle and Gladys Phillips, Mr. Phillips was co- proprietor of the Hockaday and Phillips, Inc., a local auto parts store located at 108 S. Main Street. Both were very active In the community with Gladys being a member of the Speaker Forum, as well as the Ebell Club on French Street. Earle was a member of the Lion's Club (a fraternal organization) and the Chamber of Commerce. His auto parts store was also the sponsor of a baseball team of the same name in the local "Automotive League" of baseball. Many social events were hosted at this house including wedding receptions for both Phillips' daughters: Barbara on March 23, 1941, and Cecilia on June 22, 1942. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *814. Evaluator: Hally Soboleske *Date of Evaluation: October 2016 (This space reserved for official comments.) Sketch Map ., Phillips House 2001 North Flower Street i 14 I i 0 i 3 i i (D i i NO. inf o e , � ^� TRA4l i' 1 I .Jd "I �I9 1011 I I I r� 6 89y I FLOWER DPR 5238 (1195) 25F-57 *Requi red information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Phillips House 'Recorded by natty 5000iestre -uate ucrooer uo, euio u uonunuauun u upuate *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Phillips House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall an the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange Countv Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s: Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco -styled Old Santa Ana City Hail, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881 - 1965), continued developing the groves of Floral Park. An early Russell projectwas his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War II years, Floral Park continued its development as numerous smaller, single - family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its idontity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Phillips House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it is a" good example of period architecture ". Character defining features include roof and chimney configuration, original windows, private courtyards and all exterior materials. *B12. References (continued): Harris, Cyril M. American Architecture: An illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana An Illustrated Histo y. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form" Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995, Whlffen, Marcus. American Architecture Since 1780. Cambridge: MI'r Press, 1969. Armor, Samuel. History of Oranoe County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. "The Gingerbread Lande Holiday Home Tour, 1999:' Brochure. Rischard, Maureen McClintock. "People Behind Places: Enderie Center," Orange County Geneological Society Quarterly, December 1993, pages 4 -7. Santa Ana and Orange County Directories, 1905 -1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. QPR 523L 25F -58 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -09 TO PLACE THE PROPERTY LOCATED AT 2001 NORTH FLOWER STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2016 -08 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1, The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 6, 2016 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2016 -09) and categorization (Historic Resources Commission Categorization No. 2016 -08) of the Phillips House located at 2001 North Flower Street, Santa Ana. B. The Phillips House has distinctive architectural features of the English Revival style, and was built in 1936 by Jasper Farney. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it is "a good example of period architecture ". Character - defining features of the Phillips House that should be preserved include, but may not be limited to, materials and finishes including roof and chimney configuration, original windows, private courtyards and all exterior materials. D. The legal owner of the subject property is Rosemary Sara Chesters. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code. Resolution No. 2016 -xx Page 1 of 4 25F -59 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30- 2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -106 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2016 -09 to place the Phillips House located at 2001 North Flower Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2016 -08 placing the Phillips House located at 2001 North Flower Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Aria Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 6th day of October, 2016. Alberta Christy Chairperson Resolution No, 2016 -xx Page 2 of 4 25F -60 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 6, 2016. Acting Recording Secretary City of Santa Ana 25F -61 Resolution No. 2016 -xx Page 3 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 Exhibit A Resolution No. 2016 -xx Page 4 of 4 25F -62 APN Address owner Names legal Description 002- 093 09 2001 N. Flower Street Rosemary Sara N TR 289 BLK O LOT 7 Chesters Exhibit A Resolution No. 2016 -xx Page 4 of 4 25F -62 • •- • l TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -12, HISTORIC REGISTER CATEGORIZATION NO. 2016-11, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016 -12 FOR PROPERTY LOCATED AT 2036 NORTH VICTORIA DRIVE (STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Hally Soboleske HISTORIC RESOURCES COMMISSION SECRETARY ._ APPROVED 0 As Recommended IJ As Amended 0 Set Public Hearing For CONTINUED TO ecuti Director Planning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2016 -12 and Historic Register Categorization No. 2016 -11. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Jason and Jennie Blonska, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Jason and Jennie Blonska are requesting approval to designate an existing residence located at 2036 North Victoria Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Proiect Location and Site Description The subject property consists of a 2,674- square -foot, single -story Ranch style residence and detached garage on a 17,623- square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana EXHIBIT B5 25F -63 HRCA No. 2016 -12, HRC No. 2016 -11 & HPPA No. 2016 -12 October 6, 2016 Page 2 Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Leverson House, has distinctive architectural features of the Ranch style and was built in 1963 by Roy Russell. Character defining features of the Leverson House that should be preserved include, but may not be limited to, materials and finishes (board- and - batten siding); roof configuration and detailing; original windows and doors where extant; attached chimney; and architectural details such as the decorative shutters and Palos Verdes stone detailing (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Ranch House style in the Floral Park neighborhood, '9s a good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25F -64 HRCA No, 2016 -12, HRC No. 2016 -11 & HPPA No. 2016 -12 October 6, 2016 Page 3 Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -109 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 & Sustainability, Objective No, 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Soboleske Senior Planner HS:jm hs\Hlstonc. Info\? 00616HRM=16- I2hrc16 -11 hppai6- 12.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25F -65 HRCA NO. 2016- 12IHRC NO. 2016 -11 2036 NORTH VICTORIA DRIVE LEVERSON HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 1 25F -66 EXECUTIVE SUMMARY LEVERSON HOUSE 2036 N. Victoria Drive Santa Ana, CA 92706 NAME Leverson House REF. NO. ADDRESS 2036 N. Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1962 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 551 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunsetand House Beautiful magazines, the Ranch House dominated post -World War it residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor - outdoor integration. While the style includes several variants, a basic set of character - defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L- shaped or U- shaped in plan, the Ranch House typically has a one -story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House Is often sheathed in and accented with rustic materials such as board- and - batten siding, high brick foundations, art stone, and wood shake roofs, Indoor - outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond - patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. The Colonial Revival Variant of the Ranch House incorporates classic - revival details such as an elaborated entrance, with the main entry flanked by columns and /or pilasters and sidelights, six - over -six double -hung wood sash windows, and a more symmetrical composition than the other stylistic variations of the Ranch House, SUMMARY /CONCLUSION: The Leverson House also qualifies for listing in the Santa Ana Register of Historical Property is an excellent example of a Ranch style structure. Additionally, the house has been categorized as "contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of the Ranch House style; "is a good example of period architecture' (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 25F -67 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date or number (assigned by P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2036 N. Victoria Drive City Santa Ana Zip 92706 *e. Other Locations[ Data: Assessor's Parcel Number 002 - 111 -15 *P3a, Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Leverson House is designed in the Ranch style of architecture with two stories with the second story stepped back on both the front and sides by approximately five feet. Overall, the structure Is fairly symmetrical, but as is typical with the Ranch style, is horizontal in massing. The structure is topped in asphalt shingles set on wide, closed eaves. The building is sheathed In board and batten siding on the second story, and stucco with Palos Verdes stone on the lower floor. There are various types of windows on the house including casement with transom windows straddled by wood shutters, along with sliders on the top floor, and a fixed with casement on either side on the first floor. The front entry floor is a single step concrete landing and has an extra wide front entry with a large wooden solid core door. A brick chimney rises above the roo@ine at the north side of the house. The garage is detached to the rear of the property, and driveway is somewhat meandering to the rear yard. The property's landscape is simple and classic. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building OStructure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East facing elevation 2016 *P6. Date Constructed /Age and Sources: ehistoric 19620ty or Santa Ana Building Permits *P7. Owner and Address: Jason and Jennie Blonske 2036 N. Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: H. Sobo /eske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: October 6, 2016 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None, *Attachments: ❑None ❑Location Map ❑Sketch Map aContinuation Sheet ■Building, Structure, and Object Record OArchaeological Record ❑District Record OLinear Feature Record ❑Milling Station Record ❑Rock Art Record ClArtifact Record ❑Photograph Record El Other (list) DPR 523A (1/95) 25F -68 *Required information State of California —The Resources Agency Primary # _. DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 "Resource Name or #: Leverson House B1. Historic Name: Leverson House B2. Common Name: Same B3. Original Use: Single- familyResldence B4. Present Use: Single - family Residence *B5. Architectural Style: Ranch House *56. Construction History: (Construction date, alterations, and date of alterations): Constructed 1962 February 1962, Residence (1,626 st) and garage. $27,000. May 1992. Add bathroom and walk -in closet, extend bedroom by 338st, *B7. Moved? NNo OYes ❑Unknown Date: Original Location: *B8. Related Features: None B9a. Architect: Unknown b. Builder: RoyRussoll *816. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR: C; CR.' 3 (Discuss importance in terms of historleai or architectural context as defined by theme, period, and geographic scope, Also address Integrity) The Leverson House Is an example of the Ranch style of architecture. It was built in 1962 for Leonard 'Arn" and Margaret Leverson and their rive children: Lynn, Michael, Owen, Paul, and Jane. Born in South Dakota, but raised in Milwaukee, El, Mr Leverson became a pilot for the U.S. Marine Corp and in 1951, became a commercial airline pilot, He was the head pilot for United Airlines in 1969 when the plane suddenly lost all electrical power due to mechanical failure just after take -off from Los Angeles International Airport. The 727 plane crashed into Santa Monica Bay and all 38 people on board perished, Including Mr. Loverson. Now a widow, Mrs. Leverson returned to school and became a realtor. She lived in the home until 2013 when she sold the house to the current owners; Jason and Jennie Blonska. (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Hally Sobo /esks *Date of Evaluation: October 6, 2016 DPR 5235 (1 /95) (This space reserved for official comments.) 25F -69 State of California —The Resources Agency Primary # O DEPARTMENT OF PARKS AND RECREATION HRI # J CONTINUATION 'SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Leverson House *Recorded by Hally Soboteske *Date October 6, 2016 N1 Continuation ❑ Update *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Leverson House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" {Orange Countv Rogister. September 15, 1981). Tho parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $46,000 each"( Count Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the Ef Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War it years, Floral Park continued its development as numerous smaller, single - family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completer/ the growth of Floral Park. Today (2008), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Leverson House qualities for listing in the Santa Ana Register of Historical Properties as "Contributive ". Additionally, the house has been categorized as "Contributive" because It "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Ranch House style in the Floral Park neighborhood, "is a good example of period architecture." Character - defining exterior features of the Leverson House that should be preserved include, but may not be limited to, materials and finishes (board - and - batten siding); roof configuration and detailing; original windows and doors where extent; attached chimney; and architectural details such as the decorative shutters and Palos Verdes stone detailing. 512. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Cultural Heritage Commission, City of Santa Ana. "Historical Landmarks, Inventory Form, Bowers Museum," September 12, 1979. Available at the Santa Ana Public Library History Room. Harris, Cyril M. American Architecture' An illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana An Illustrated Hlstory. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984, National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. "Sacramento: March 1995, Santa Ana and Orange County Directories, 1932 -1954. Whiffen, Marcus. American Architecture Since 1780, Cambridge: MIT Press, 1969. 'Alison Honer Dies at 84,' The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies, "Orange County Register, September 15, 1981. "Historyof Floral Park.' http: l /www.florar- park.com /pege2html. "Leverson Rites Friday, "Santa Ana Register, April 4, 1974. DPR 523L 25F-70 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -12 TO PLACE THE PROPERTY LOCATED AT 2036 NORTH VICTORIA DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2016 -11 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS; Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 6, 2016 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2016 -12) and categorization (Historic Resources Commission Categorization No. 2016 -11) of the Leverson House located at 2036 North Victoria Drive, Santa Ana. B. The Leverson House has distinctive architectural features of the Ranch style, and was built in 1963 by Roy Russell, C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it is as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Ranch House style in the Floral Park neighborhood, "is a good example of period architecture." Character - defining features of the Leverson House that should be preserved include, but may not be limited to, materials and finishes (board- and - batten siding), roof configuration and detailing; original windows and doors where extant; attached chimney; and architectural details such as the decorative shutters and Palos Verdes stone detailing. D. The legal owners of the subject property are Jason and Jennie Blonska. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Resolution No. 2016 -xx Page 1 of 4 25F -71 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30- 2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -109 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2016 -12 to place the Leverson House located at 2036 North Victoria Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2016 -11 placing the Leverson House located at 2036 North Victoria Drive, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 6th day of October 6, 2016, Alberta Christy Chairperson Resolution No, 2016 -xx Page 2 of 4 25F -72 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission mem NOES: Commission mem ABSTAIN: Commission members NOT PRESENT: Commission mem CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 6, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No, 2016 -xx Page 3 of 4 25F -73 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 002 - 111 -15 2036 N. Victoria Drive Jason and Jennie Blonska SEC 1 T 5 R 10 LOT 83.95 X 170 FT Exhibit A Resolution No. 2016 -xx Page 4 of 4 25F -74 PUBLIC HEARING – HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -05, HISTORIC REGISTER CATEGORIZATION NO. 2016-05, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016-13 FOR PROPERTY LOCATED AT 1924 NORTH ROSS STREET {STRATEGIC PLAN NOS. 5,2; 5,3} Prepares! by Holly Soboleske Exe five Dir for 'i- O HISTORIC RESOURCES COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Planning Manag r 1. Adopt a resolution approving Historic Resources Commission Application No. 2016 -05 and Historic Register Categorization No. 2016 -05, 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Wayne Suraci and Merle Craig, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Wayne Suraci and Merle Craig are requesting approval to designate an existing residence located at 1924 North Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 1,771- square -foot, single -story English Revival style residence and detached garage on an 8,210 - square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties, The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana EXHIBIT B6 25F -75 HRCA No. 2016 -05, HRC No. 2016 -05 & HPPA No. 2016 -13 October 6, 2016 Page 2 Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Chilson House, has distinctive architectural features of the English Revival style and was built in 1928 by Honer and Herzig, Character defining features of the Chilson House that should be preserved include, but may not be limited to, materials and finishes; roof configuration and turret; exterior sheathing; original windows and doors (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Key" because the building, structure, object or site has a distinctive architectural style and quality", and "the building, structure, object or site is Seniord with a significant person in the city." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: Long term preservation of the property and visual improvement to the neighborhood Allows for a mechanism to provide for property rehabilitation Provides additional incentive for potential buyers to purchase historic structures Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25F -76 HRCA No. 2016 -05, HRC No. 2016 -05 & HPPA No. 2016 -13 October 6, 2016 Page 3 Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -107 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 & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Soboleske Senior Planner HS:jm ha\Historle Inf o\ 100616FIRC lhrca16- 05hrc16- 05hppa16- 13.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25F -77 500' RADIUS HRCA NO. 2016- 05 /HRC NO. 2016 -05 1924 NORTH ROSS STREET CHILSON HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 1 25F -78 EXECUTIVE SUMMARY CHILSON HOUSE 1924 N. Ross Street Santa Ana, CA 92706 NAME Chilson House REF. NO ADDRESS 1924 N. Ross Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N!A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication N Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its Inspiration. English Revival homes usually feature stucco wells and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the fagade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARYICONCLUSION: The Chilson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion Y for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Key" because it "contributes to the overall character and history" of Santa Ana, and, as an Intact, rare, and distinctive example of the English Revival style in the Floral Park neighborhood, and its connection with William Chilson, once Director of the Boise Drainage District and part owner in the Wyana Oil Company. (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001) 5: Ineligible for the National Register, but still of local significance. . It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S$: Appears to be Individually eligible for local listing or designation through survey evaluation EXHIBIT 2 25F -79 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Pane 1 of _4__ Resource name(s) or number (assigned by recorder) P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 1924 N. Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 010 - 103 -06 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Chilson House is a unique example of the English Revival style. Clad in smooth stucco and capped with wood shake shingles, the house possesses a steeply pitched roof and a gabled dormer, but it also has an unusual turret at the front entry which is reminiscent of the Storybook variant of the English Revival style. The turret is punctuated by a weather vane on its top. Just to the left of the turret is a small gable that tops the front entry. The front entry door is composed of heavy wood with two panels and a wrought iron grill protecting a door aperture. The residence possessed several types of windows that are original to the property Including: six - over -one single hung, single hung with Iambs tongue detail, six light casement, and tripartite windows that are nearly the size of a door entry with four lights on the side windows. Again, as with the turret, this is another fanciful way to bring the Storybook variant into play. A stucco -clad chimney is on the south side of the house. The yard is well maintained and includes drought tolerant plantings. *P3b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: ■ Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other W *P11. Report Citation: (Cite survey report and other sources, or enter "nova') None PSb. Photo: (view and date) East facing elevation 2016 *P6. Date Constructed /Age and Sources: ■historic 1926 *P7. Owner and Address: Wayne Suraci and Merle Craig 1924 N. Ross Street Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *Pg. Date Recorded: October 6, 2016 *P10. Survey Type: Intensive Survey Update *Attachments: ❑None CLocation Map ❑Sketch Map ■Continuation Sheet .Building, Structure, and Object Record CArchaeologiral Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record OPhotograph Record C Other (list) DPR 523A (1185) 25F -80 *Required Information State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI #_v BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 Kesource Name or n: mason mouse B1. Historic Name: Chilson House B2. Common Name: Same B3, Original Use: Single - family Residence B4. Present Use: Single - family Residence *85. Architectural Style: English Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1928 March 1928. Residence and garage. October 1928 Add washroom. October 1933. Repair chimney. *67. Moved? ■No ❑Yes ❑Unknown Location: *B8, Related Features: None. 69a. Architect: Unknown Date: b. Builder: Honerand Herzig *B1U. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901.1954 Property Type: Single - family Residence Applicable Criteria: NR: B,C; CR: 2,3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Chilson House was constructed by Honer and Herzig, both prolific builders in the region. The first owners of the property were William E. and Louise Chilson, Their son, Don, drowned tragically in Oregon, and they came to Santa Ana to begin again. Prior to living in this house, They were ranchers, but eventually sold their ranch and moved to 930 South Main Street. While living on Main Street, Mr. Chilson took legal action against The County. Santa Ana was paving a portion of Main Street thatwas in their jurisdiction, and the County appropriated $10,000 to the City to allow them to do the paving work in the County area of Main Street. Even though he stood to benefit from the paving, Mr. Chilson did not believe this was the proper way to have this work completed. The case was later dropped. Eventually, Mr. Chilson held a position as Director of the Boise Drainage District Board and bought stock in Wyana (a combination of Wyoming and Santa Ana) Oil Company. The oil must have come in, because by the early 1930, the Chilson were members of the Santa Ana Country Club. (See Continuation Sheet 3 of 4.) 611, Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (Sao Continuation Sheet 4 of 4.) 813. Remarks: *B14. Evaluator: Hally Soboleske *Date of Evaluation: October 2015 (This space reserved for official comments.) DPR 5238 (1195) *B16. Significance (continued): 25F-81 *Required information State of California —The Resources Agency Primary# j DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by Hally Soboleske *Date October 06, 2016 91 Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Chilean House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana' (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881 - 1965), continued developing the groves of Floral Park. Art early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War II years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Chilson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Key" because the building, structure, object or site has a distinctive architectural style and quality ", and "the building, structure, object or site is associated with a significant person in the city ". Character defining features of the Chilson House include; roof configuration and turret; exterior sheathing; original windows and doors. *512. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History, Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington OC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources" Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel. History of Orange County. Las Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. "The Gingerbread Lande Holiday Home Tour, 1999." Brochure, Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Orange County Geneological Society Quarterly, December 1993, pages 4 -7. Santa Ana and Orange County Directories, 1905 -1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. DPR 523L - 25F' 82 MILLS ACT AGREEMENT 1924N. Ross Street Santu Ain, CA 92706 b. The Owners agree to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property, The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are 'brought by any panty or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to detcrinine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. in the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation, No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. _t,_ 25F -83 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -05 TO PLACE THE PROPERTY LOCATED AT 1924 NORTH ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2016 -05 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows A. On October 6, 2016 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2016 -05) and categorization (Historic Resources Commission Categorization No. 2016 -05) of the Chilson House located at 1924 North Ross Street, Santa Ana. B. The Chilson House has distinctive architectural features of the English Revival style, and was built in 1928 by Honer and Herzig. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Key under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Key" because the building, structure, object or site has a distinctive architectural style and quality, and "the building, structure, object or site is associated with a significant person in the city'. Character- defining features of the Chilson House that should be preserved include, but may not be limited to, materials and finishes; roof configuration and turret; exterior sheathing; original windows and doors. D. The legal owners of the subject property are Wayne Suraci and Merle Craig. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code. Resolution No. 2016 -xx Page 1 of 4 25F -84 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30- 2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2016 -107 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2016 -05 to place the Chilson House located at 1924 North Ross Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2016 -05 placing the Chilson House located at 1924 North Ross Street, Santa Ana, 92706 within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 6th day of October, 2016. Alberta Christy Chairperson Resolution No. 2016 -xx Page 2 of 4 25F -85 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By; Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission mem CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 6, 2016. 0M Acting Recording Secretary City of Santa Ana 25F -86 Resolution No. 2016 -xx Page 3 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 002 - 103 -06 1924 N. Ross Street Wayne Suraci and Merle Craig N TR 788 LOT 5 Exhibit A Resolution No. 2016 -xx Page 4 of 4 25F -87 r•• OCTOBER 6, 2016 TITLE: PROPERTY PRESERVATION AGREEMENT NO. 2016 -15 FOR PROPERTY LOCATED AT 2510 NORTH VALENCIA STREET (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Hally Soboleske HISTORIC RESOURCES COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Exec rve t7ir for Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Marnie Schnabel, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Marnie Schnabel is requesting approval to enter into a Historic Property Preservation Agreement for an existing residence located at 2510 North Valencia Street to the Santa Ana Register of Historical Properties. Proiect Location and Site Description The subject property consists of a 3,688 - square -foot, single -story Colonial Revival style residence and detached garage on a 14,400 - square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The property was designated to the Santa Ana Register of Historical Properties in December of 2003 and was categorized as Landmark as the Taylor - Oglesby House (Exhibit 2). 1_:* t ^.11 Sri [I 25F -89 HPPA No. 2016 -15 October 6, 2016 Page 2 Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. CEQA Compliance This action is not subject to the California Environmental Quality Act as it is not a project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Coal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental Sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Soboleske Senior Planner HS:jm WHistono lnfa1100616HRCM1ppa16- 16.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25F -90 500' RADIUS HPPA NO. 2016 -15 2510 NORTH VALENCIA STREET TAYLOR- OGLESBY HOUSE PLANNING AND BUILDING AGENCY r2268WLM EXECUTIVE SUMMARY TAYLOR- OGLESBY HOUSE 2510 North Valencia Street Santa Ana, CA 92706 NAME Taylor- Oglesby House REF. NO. ADDRESS 2510 North Valencia Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT Circa 1908 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT I N/A NEIGHBORHOOD Para. Santiago CAC.IPORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 3S Location: ❑ Not for Publication N Unrestricted El Prehistoric N Historic ❑ Bodi ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or ganibreled, sometimes accented with donners. Porches, one or two stories in height, are often included, mostly us central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320 -326). A "Classic Box" variant of the Colonial Revival style was popular circa 1894 to 1910 and was generally characterized by two -story box -like massing, a hipped roof (often with centered dormers), boxed eaves, a fill or partial front porch with columnar roof supports, and Colonial Revival detailing. SUMMARY /CONCLUSION: The Taylor-Oglesby House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I, for its representation of the distinguishing characteristics of the Classic Box variant of the Colonial Revival style. Additionally, the house has been categorized as "Landmark" because it "has a unique mchitecttu.21 significance" as a well- detailed and highly intact example of the Classic Box variant of the Colonial Revival style (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California R ulster Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources." September 4, 200 L) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. . California Register Status Code: (From California Office of Historic Preservation, December S. 2003.) EXHIBIT 2 25F -92 State of California — The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI tF__ PRIMARY RECORD Trinemi; NRHP Status Other Listings Review Code or number (assigned by recorder) P1. Other Identifier: *P2. Location: ONot for Publication ■Unrestricted *a. County Orange County *b. USES 7.5' Quad TCA 1725 Date: *c. Address 2510 North Valencia Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 396 -421 -11; SEC 6 T 5 R LOT 96 X 150 FT *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) A beiicast, hipped roof crowns this square, two -story Colonial Revival house characterized by the box -like massing indicative of the Classic Box genre. The roof treatment includes bracketed eaves and a centered front - gabled dormer over the fagade. Narrow clapboard sheathes the house, with a bracketed overhang between stories. Recessed into the southern two- thirds of the fagade, the porch is divided into three bays by paired Tuscan columns. At the top of six steps in the center of the fagade, the entry consists of a glazed door flanked by leaded glass sidelights. A large window to the left (south) is spanned by a leaded glass transom; the window to the right is hidden by shrubbery. Other windows are double -hung sash, with muntins arranged in a diamond pattern in the upper sashes. A tripartite window over the entry appears to be a balcony enclosure. On the west elevation, an attached brick chimney appears to have been rebuilt. Although a semi- circular extension of the porch at the southeast corner of the house is said to have been removed in the 1930s, the house appears to retain a high degree of integrity. A modern landscape of ornamental grasses is juxtaposed against mature camellias and roses as well as avocado and macadamia out trees. The large property is enclosed by a modern brick and iron fence. *133b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) East elevation December 2003 *P6. Date Constructed /Age and Sources: ■historic Circa 1908 *P7. Owner and Address: Wendell D. and Margery V. Cole 2510 North Valencia Street Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. If 204 Pasadena, CA 91105 *P9. Date Recorded: December3l, 2003 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (City survey report and other sources, or enter "none") Les, Kathleen. "2510 and 2520 North Valencia." Historic Resources Survey, March 1980. *Attachments: ❑None oLocation Map OSketch Map EContinuation Sheet ®Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record OMilling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record 0 Other (list) DPR 523A (1198) 25F -93 "Required Information State of California —The Resources Agency Primary # _ DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Pacle 2_ of 3 *NRHP Status Code 3S *Resource Name or #: Taylor- Oglesby House B1. Historic Name: Taylo'- Oglesby House B2. Common Name: Camellia House 83. Original Use: Single - family Residence 84, Present Use: Single - family Residence *85. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 1908. Ap614, 1933. Rebuild one chimney. November 19, 1947. Private garage, 18' by 22'. May 22, 1968. Private swimming pool. June 3, 1958. Convert garage to bedroom, add carport and storage shed. Apri130, 1970. Repair fire damage. April 28, 1992. Reroof with tear off. August 26, 1993. Reroof with no tear off, new composition roof. *87. Moved? ❑No OYes ■Unknown Data: Original Location: 423 Edgewood Road *88. Related Features: Mature trees and flowering shrubs. B9a. Architect: Unknown b. Builder: Charles Taylor (attributed) *810, Significance: Theme Residential Architecture Area Santa Ana Period of Significance: cfma 1901.1954 Property Type: Single - family Residence Applicable Criteria: NR: C, CR: 3 (Discuss importance In terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The l aylor Oglesby House is architecturally significant as a fine example of the Classic Box variant of the Colonial Revival style. One of a pair of very similar homes located next to each other on over -sized parcels, the house is also notable as one of the earlier homes in the Padc Santiago neighborhood. According to previous research and neighborhood lore, this house and its neighbor (2520 North Valencia Street) were constructed for two elderly sisters, Laura and Mary Taylor, by their brother, Charles Taylor, and were originally identical. City directories list the Taylors on Edgewood Road, with no house (Sae Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes} *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *814. Evaluator: Leslie J. Herrmann *Date of Evaluation: December 31, 2003 (This space reserved for official comments.) Di 623B (1195) 25F -94 Sketch Map Taylor - Oglesby House 2510 North Valencia Street is II ff5 0. sg 1 13 4^ _ I9 (i *Required Information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Taylor - Oglesby House *Recorded by Leslie J. Neumann, SAIC *Date December 31, 2003 IM Continuation ❑ Update *B14, Significance (continued): numbers, beginning in 1908 and continuing through 1918. In 1922, Thomas W. Oglesby, a paving contractor, his wife Susie, and children Rebecca and Thomas Junior were living at 423 Edgewood. In 1927, this house became 2410 North Valencia. It is not clear if the /rouse was actually moved to make way for an extension of Valencia or if it was merely renumbered when the street was subdivided. The present owners, Wendell Cole and family, have resided in the house since 1959. Mc Cole's grandfather, Porter Charles Edmons, was one of the pioneer families in Orange County and was a fanner on Fruit Street, Mc Edmons delivered fresh groceries to both of the Taylor Houses in the early 1900s by a horse drawn buck board. The Taylor - Oglesby House is located in the Park Santiago neighborhood, near the present northern city limits of Santa Ana and substantially north of the original city core. The neighborhood is bounded by Santiago Creek and Pads on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1.5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the and of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right -of -way mirrored the freeway route. This area remained primarily agricultural well into the 1920s, As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid- 1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians; and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First district (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H, Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been unproved with single - family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent devefoprnent of the eastern half of the neighborhood and infili construction in the western half displayed the simplified ranch style that emerged following World War 11. The Taylor- Oglesby House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the Classic Box variant of the Colonial Revival style. Additionally, the house has been categorized as "Landmark" because it "lies a unique architectural significance" as a well - detailed and highly intact example of the Classic Box variant of the Colonial Revival style. Notable in this regard are the box -like massing, hipped roof with dormer, Tuscan columns, and highly ornamental treatment of the windows and brackets. All original and restored exterior features of the Taylor- Oglesby House are considered character - defining and should be preserved. These features include, but may not be limited to: sheathing (clapboard); roof configuration and detailing; massing; windows and doors; porch; architectural details (porch supports, window and door surrounds, brackets, etc.); and any original landscaping. *812. References (continued); Harris, Cyril M. American Architecture: An LaLq �lonedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated Histary. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Piekl Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 18A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1998. Whiffoi, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1989. Park Santiago Neighborhood Association. 'The Gingerbread Lane Holiday Home Tow• 2002." Brochure. Santa Ana Historical Preservation Society. "Home and Garden Tour May 18, 1998." Brochure. DPR 523L 25F -95 State of California —The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or rf (ASSigneo by recorder) l aylor- UgleSUy tIOUSe 'Recorded by Leslie J. Herrmann, SAIC "Date December 31, 2003 ® Continuation ❑ Update Santa Ana and Orange County Directories, 1901 -1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. "Preserving the old's a passion for collectors." The Register. May 20, 1982. OPR 523L 25F -96 REQUEST FOR Historic Resources Commission Action I l'OA' OCTOBER 6, 2016 "TITLE. PROPERTY PRESERVATION AGREEMENT NO. 2016-21 FOR PROPERTY LOCATED AT 327 EAST WASHINGTON AVENUE {STRATEGIC PLAN NOS. 5,2; 5,3} Prepared by Hally Soboleske HSTORICRESOURCES COMMISSIONSECREFARY APPROVED El As Recommended • As Amended • Set Public Hearing For CONTINUED TO Exe Rive D ector Planning M n_ ger RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with George Gallion, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant George Gallion is requesting approval to enter into a Historic Property Preservation Agreement for an existing residence located at 327 East Washington Avenue. Protect Location and Site Description The subject property consists of a 6,476 - square -foot, single -story Bungalow /Craftsman style residence and detached garage on a 9,000- square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The property was designated to the Santa Ana Register of Historical Properties in December 2003 and was categorized as Key as the Haley House (Exhibit 2). EXHIBIT B8 25F -97 HPPA No. 2016 -21 October 6, 2016 Page 2 Mills Act Aareement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Longterm preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. CEQA Compliance This action is not subject to the California Environmental Quality Act as it is not a project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Soboleske Senior Planner HS:jm WHistorlc Infolf 00616HR0hppa16- 2I.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25F -98 HPPA NO. 2016 -21 327 EAST WASHINGTON AVENUE HALEY HOUSE PLANNING AND BUILDING AGENCY 1` cry a EXECUTIVE SUMMARY HALEY HOUSE 327 East Washington Avenue Santa Ana, CA 92701 NAME Haley Mouse REF. NO. ADDRESS 327 East Washington Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1916 LOCAL REGISTERCA`rEGORY: Key HISTORIC DISTRICT French Park NEIGHBORHOOD I French Park NATIONAL, REGCRr1RIA OLA� N NATIONAL REISTESTATUS CODE 1D Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITCCT'URALSTYLE: BungalowlCraftsman Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A. new appreciation oftimure was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can he identified by low pitched gable and (ripped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY /CONCLUSION: The Haley House was listed in the National Register of Historic Places in ].999 as a contributor to the French Park Historic District. Under the regulations 'implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana. Register of Historical Property tinder Criterion I as representative of the distinguishing characteristics of the Craftsman style. Additionally, the Haley House has been categorized as "Key" for its "distinctive architectural style and quality," as a representative example of tile Craftsman style of the early twentieth century (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • National Resister Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of i:Iistoric Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) I D: Contributor Ina listed district. EXHIBIT 2 25F -100 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Pane f of 3 Resource namels) or number tassianed by recorder) Haley House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS L5' Quad TCA 1725 Date: *c, Address 327 East Washington Avenue City Santa Ana zip 92701 *e. Other Locational Data: 398- 134 -15 CR SMITHS ADD BLK B LOT 4 *P3a. Description: (Describe resource and its major elements. include design, materials, condition, alterations, size, setting, and boundaries.) Situated on the northwest corner of East Washington Avenue and North French Street, this substantial two -story Craftsman house from 1916 sits prominently on its corner location. The house, now a triplex, features a multi- gabled roof with the primary gable on the front, south- facing elevation. Elaborately carved knee braces, rafter tails, bargeboards, and boam - ends decorate the house on all elevations. Gables with deep eaves feature latticework vents, finials, and fixed ordouble -hung sash windows. Clapboard siding sheathes the gable faces and second floor exteriors. Narrower clapboard covers the first floor walls. Spanning the fagade, an elevated, attached porch with hipped roof and carved brackets has been enclosed on the east On the porch's wast end, a trio of sturdy brick piers supports the two carved porch roof beams that extend to the west to form a pergola of similarly carved crossboams. On the east elevation, a two-story squared bay with paired, double - hung windows has a front - gabled, dormer -like roof with the same decorative detailing seen on the rest of the house. (Continued on page 3.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District sElement of District ❑Other P 5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none ") P5b. Photo: (view and date) South and east elevations June 2002 *P6. Date ConstructedlAge and Sources: ■historic 1915! Sourca: National Register Nomination, *P7. Ownerand Address: Donald S. Olsen 515 Dunnegan Drive Laguna Beach, CA 92651 *P8. Recorded by: Leslie J. Herrmann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: July 15, 2002 *P10. Survey Type: Intensive Survey Update Marsh, Diann. "French Perk Historic District." National Register Nomination Form, February 1998. *Attachments: ❑None DLocation Map ❑Sketch Map ®Continuation Sheet ®Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record D Other (list) DPR 523A (9195) 25F -101 `Required Information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# _ _.. BUILDING, STRUCTURE, AND OBJECT RECORD Page _L of 3 *NRHP Status Code 1D "Kesource Name cry: tiatey"ouse B1. Historic Name: Haley House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Multiple - family Residence *135. Architectural Style: BungalowlCr'a/tsman *BB, Construction History: (Construction date, alterations, and date of ailerations): Constructed in 1916. April 16, 1919. Garage. February 15, 1939. Alterations to residence, Apd125, 1921. Alter residence. March 5, 1947. Reroof residence. October, 1921. Addition to garage. May 6, 1954. Convert duplex to 3 unit apartment (327 -A,B). June, 1922. Alterations and addition. December 30, 1993. Reroof. October 16, 1934. Build chirnney. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original *BS. Related Features: None. Bga. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880 -1946 Property Type: Single - family Residence Applicable Criteria: C (Discuss Importance In terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Haley House is significant as a representative example of a large Craftsman house from the first decades of the twentieth century in Santa Ana. It is also important as a contributor to the French Park Historic District. According to previous research, Olbert and Ellen Haley were the first owners of the house. Mr. Haley, a partner in Haley and O'Conner, sold Hudson automobiles. Later, in 1923, Haley was listed as a partner in the Dodge Brothers Motor Court located at 415 North Bush Street (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: July 15, 2002 (This space reserved for official comments.) DPR 5238 (1195) 25F -102 Sketch Map I Haley House 327 East Washington Avenue naa a8 "s atilp, 9 3i 1 T I � 1 i� L 7d 6 *Required Information State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET by Leslie J. Neumann, Peter C. Moruzzi, SAIC *P3a. Description (continued): Primary A HRI #, Trinomial or # (Assigned by recorder) Haley House *Date July 15, 2002 O Continuation ❑ Update A rebuilt exterior brick chimney near the southeast corner rises from within a shallow cant bay through hipped and gabled roofs. A concrete retaining wail borders the corner lawn and sidewalk. Several groups of hedges grow at window level around the house. The house has been converted into multiple residences, with an exterior staircase added to the west elevation and another entrance added to the enclosed porch. Nonetheless, the building is substantially original except for some windows which have been replaced. *S10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana, In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the Intention of bringing the Southern Pacific Railroad from Its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southem Pacific to a new depot or, Fruit Street in Santa Ana to 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled streat plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Aria continued to grow, stimulated by the arrival of the Santa Fe Railroad In 1886. Following Its Incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat ofthe newly created County of Orange. 89glnning in the 1880s and continuing well Into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Or aftsman Homes were built along the tree -lined streets. By the 1920s, most streets in the neighborhood were folly developer/, although a few revival styled single family homes and duplexes were built during ilia 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a "Who's Who" of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as ilia "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi - family housing.. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Haley House was listed in the National Register of Historic Places in 1999 as a contributor to ilia French Pan< Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of a Craftsman residence from the first decades of the twentieth century. Additionally, the house has been categorized as "Kay" for its distinctive architectural style and quality. Characteristic Craftsman features include the multi - gabled roof, extensive carving of knee braces, exposed beams; rafter tails, bargeboards, and pergola, the original porch configuration and supports, fenestration, and overall messing. Ciiarecter- defining exterior features of the Haley House that should be preserved include, but may not be limited to: sheathing (clapboard); roof configuration; massing,, windows; porch and pergola; and architectural details such as knee braces, exposed beams, rafter tails, carved bargeboards, and finials. *B12, References (continued): Harris, Cyril M. American Architecture:. An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia. and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984, National Register Bulletin 16A. "How to Complete the National Register Registration Form," Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources," Sacramento; March 1995. Whitten, Marcus, American Architecture Since 1780. Cambridge: MIT Pross, 1969. DPR 525 25F -103 25F -104 REQUEST FOR Historic Action TITLE PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016-231 HISTORIC REGISTER CATEGORIZATION NO. 2016 -22, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016-22 FOR PROPERTY LOCATED AT 2102 NORTH HELIOTROPE (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Hally Soboleske ecutl Director APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Planning Mana 1. Adopt a resolution approving Historic Resources Commission Application No. 2016 -23 and Historic Register Categorization No. 2016 -22, 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Oakley William and Christine Groves Chaney, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Oakley William and Christine Groves Chaney are requesting approval to designate an existing residence located at 2102 North Heliotrope to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Proiect Location and Site Description The subject property consists of a 3,012 square foot, single -story Colonial Revival style residence and detached garage on a 16,470- square -foot residential lot (Exhibit 1). Analysis of the issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana EXHIBIT B9 25F -105 HRCA No. 2016 -23, HRC No. 2016 -22 & HPPA No. 2016 -22 October 6, 2016 Page 2 Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code, No known code violations exist on record for this property. The property, recognized as the Kinwald House, has distinctive architectural features of the Colonial Revival style and was built in 1942 by Allison Honer. Character defining features of the Kinwald House that should be preserved include, but may not be limited to, materials and finishes (stucco, brick, and wood siding); cross gabled roof configuration and detailing; single hung windows, and architectural details such as the paneled front door and sidelights, door surround, and fenestration pattern (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties under Criterion 3 because it embodies the distinctive characteristics of the Colonial Revival style. Typical features of the Colonial Revival elements include the building massing, a consistent fenestration pattern, a bay window, and covered front porch. Additionally, the house has been categorized as "Key" because it possesses "distinctive architectural style and quality." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25F -106 HRCA No. 2016 -23, HRO No. 2016 -22 & HPPA No. 2016 -22 October 6, 2016 Page 3 Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -105 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Communit y Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods) Hally Soboieske Senior Planner HS:jm WHistonc lnfo110U616HRMhrcat6- 23hrc16- 22hppa16- 22.hrc Attachments: Exhibit 1 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25F -107 Health, Livability, conservation and opportunities and 11 M:R l SON Moil PLANNING AND BUILDING AGENCY Kam. i go EXECUTIVE SUMMARY • 5 2102 N. Heliotrope Drive Santa Ana, CA 92706 NAME Kinwald House REF, NO, ADDRESS 21.02 North Heliotrope Drive CITY Santa Ana 2IP 92706 ORANGE COUNTY YEAR BUILT 1942 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SSl Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric Z Historic ❑ Both AR &HT ECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories In height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors. Popular in the 1930s, the Regency Variant of the Colonial Revival style draws on English rather than American precedents. The Regency Variant often displays a simplified entry and door surround, framed within a metal entry porch with a canopy roof. Simpler in its ornamental program than the Colonial Revival, the Regency Variant also incorporates features such as ornamental segmented pediments, octagonal windows and metal balconettes formed of simple geometric patterns. (McAlester, 320 -326; 331 -332). SUMMARY /CONCLUSION: The Kinwald House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style, Additionally, the house has been categorized as "Key" because it "contributes to the overall character and history" of Santa Ana, and, as an intact, rare, and distinctive example of the Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2), EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. . California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) SS1: Individual property that is listed or designated locally. EXHIBIT 2 25F -109 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinomil NRHP Status Other Listings Review Code Reviewer e name(s) or number (assigned by recorder) k P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USOS 7.5' Quad TCA1725 Date: *c. Address 2102 North Heliotrope Drive City Santa Ana Zip 92706 *a. Other Locational Data: Assessor's Parcel Number 002- 062 -03 *133a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Kinwald House is designed in the Colonial Revival style. It is topped with asphalt shingles on a cross gabled rooflino and is sheathed in wide tongue in groove siding on the upper floor and stucco on the first floor. The front fagade was altered by the second owners, the Lowry's to include used brick as the first floor fagade exterior material. This alteration has achieved its own significance over time and adds to the unique architectural merit of this structure. The front of the house also includes painted downspouts on either side of the fagade, and wooden shutters straddling all the six - over -six single hung windows in a very consistent fenestration pattern. A bay window sits in the center of the fagade, with the front concrete porch and four paneled front door to the right. The front door is also straddled by two sidelights. The porch Is decorated with a surround that includes fluted pilasters and The structure is highly intact and is enhanced by mature landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *PA. Resources Present: IrBuilding ❑Structure ❑Object OSite ❑District ❑Element of District 00ther Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter 'none") None. P5b. Photo: (view and date) East facing elevation January 2015 *P6. Date Constructed /Age and Sources: ohistoric 19421Clty of Santa Ana Building Permits *P7. Owner and Address: Oakley William and Christine Groves Chaney 2102 N. Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: H. Sobeleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: October 6, 2016 *P10. Survey Type: *Attachments: ONone ❑Location Map OSketch Map oContinuation Sheet NiBuilding, Structure, and Object Record DArehaeological Record DDistrict Record ❑Linear Feature Record ❑Milling Station Record ORock Art Record DArtifact Record OPhotograph Record O Other (list) DPR 523A (1195) 25F -110 'Required Information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI!€ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of A *CHR Status Code 5S1 "Kesouroe Name or 9: Kinwald House B1. Historic Name: Kinwald House B2. Common Name: Some B3. Original Use: Single - family Residence *65. Architectural Style: Colonial Revival B4. Present Use: Single - family Residence *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1942 February 1942 8 rm residence and garage. August 1942. Addition by Allison Honer, February 1946. Screen house 16x18 April 1959. Addition to garage for S. Kinwald. July 1970. Swimming pool. August 1970. Remodel kitchen by Lowry, *B7, Moved? ■No ❑Yes ❑Unknown Date: original Location: *B8. Related features: None B9a. Architect: Unknown b. Builder: Allison Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1966 Property Type: Single- family Residence Applicable Criteria: NR: C; CR.., 3 (Discuss importance in terns of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Kinwald House is architecturally significant for Its transitional styling, combining aspects of the Colonial Revival. According to the original building permit, the house was constructed for owners Samuel and Sally Kinwald, owners of Lorenz Jewelers located on Fourth Street in Santa Ana, It was constructed by Allison Honer, a prolific contractor and builder In the region. The Kinwald's were very active civically and socially as Sam was a member of the Santa Ana Breakfast Club and was a member of the Draft Board during WWO• Sally served as president of the B'Nal Brith (an organization of the Jewish faith) which met monthly at Danlger's Tea Room in the Santora Building. The second owners were Tmas and Calera Larsen, Mr. Larson was a member of the Santa Ana City Council in 1964, and they bought the home that same year. The Larsens added the brick fagade during this time. The home was sold in 1970 to Bob and Dawn Lowry. The Lowry's hosted many elegant dinnerparties on the property and they added the swimming pool in 1970. The house was sold to the current owners, Bill and Chrissy Cheney, in 2014. It is worthy to note that the house has been featured in various television shows. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *612. References: Sketdh Map City of Santa Ana Building Permits 2e si 2s fk * 2102 N• Heliotrope or. Santa Ana History Room Collection, Santa Ana Public Library 002.082 -03 Sanborn Maps _ I (See Continuation Sheet 4 of 4.) -•' I - B13. Remarks: *B14. Evaluator: Hally Soboleske (This space reserved for official comments.) *Date of Evaluation: October 6, 2016 t I I I I i &� 28 xl ``✓ ?I U?� "e� 3'i ul .� .I 36 9 � �' 4 I ' •I 4 ^ �I I y I I j I I DPR 5238 (1195) 25F -111 *Required information State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET by "B1o. Significance (continued): Primary # HRI # Trinomial _ or # (Assigned by recorder) Kinwald House "Date October 6, 2016 El Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1669 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards clotted with widely scattered farmhouses. The Kinwald House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1961), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). 'Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. Arid that month, he began building custom homes in Santa Ana" (Orange Countv Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange Countv Register, September 15, 1961). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. Tho Allison Honer Construction Company went on to complete such notable projects as (lie 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived In the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1926 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War It years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Kinwald House qualities for listing to the Santa Ana Register of Historical Properties under Criterion 3 because it embodies the distinctive characteristics of the Colonial Revival style. Typical features of the Colonial Revival elements, including the building massing, a consistent fenestration pattern, a bay window, and covered front porch. Additionally, the house has been categorized as Key" because it possesses "distinctive architectural style and quality." Character- defining exterior features of the Kinwald House that should be preserved include, but may not be limited to, materials and finishes (stucco, brick, and wood siding); crass gabled roof configuration and detailing; single hung windows, and architectural details such as the paneled front door and sidelights, door surround, and fenestration pattern. B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh Diann. Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994, McAlester, Virginia and Lee. A Field Guide to American Houses. Now York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Histortc Preservation. "Instructions for Recording Historical Resources," Sacramento: March 1995. Pheasants, Mrs. J. E. History of Orange County, California volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whitten, Marcus, American Architecture Since 1786, Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal. September 21, 1981. "Builder of Honer Plaza Dies, "Orange County Register September 15, 1961. "History of Floral Park." http:/ /Www.floral- park.com /Page2html. Santa Ana and Orange County Directories, 1937 -1978. DPR 523L 25F -112 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO.2016 -xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -23 TO PLACE THE PROPERTY LOCATED AT 2102 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2016 -22 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1, The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 6, 2016 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2016 -23) and categorization (Historic Resources Commission Categorization No. 2016 -22) of the Kinwald House located at 2102 North Heliotrope Drive, Santa Ana. B. The Kinwald House has distinctive architectural features of the Colonial Revival style, and was built in 1942 by Allison Honer. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Key under Criterion 3 because it embodies the distinctive characteristics of the Colonial Revival style. Typical features of the Colonial Revival elements include the building massing, a consistent fenestration pattern, a bay window, and covered front porch. Additionally, the house has been categorized as "Key' because it possesses "distinctive architectural style and quality." Character - defining features of the Kinwald House that should be preserved include, but may not be limited to, materials and finishes (stucco, brick, and wood siding); cross gabled roof configuration and detailing; single hung windows, and architectural details such as the paneled front door and sidelights, door surround, and fenestration pattern. D. The legal owners of the subject property are Oakley William and Christine Groves Chaney. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Resolution No. 2016 -xx Page 1 of 4 25F -113 EXEMPT FROM FEES PURSUANT TO GOVERNMENT C0DE § 6103 F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -105 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2016 -23 to place the Kinwald House located at 2102 North Heliotrope Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2016 -22 placing the Kinwald House located at 2102 North Heliotrope Drive, Santa Ana, 92706 within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to; the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 6th day of October, 2016, Alberta Christy Chairperson Resolution No. 2016 -xx Page 2 of 4 25F -114 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 6, 2016. IM Acting Recording Secretary City of Santa Ana 25F -115 Resolution No. 2016 -xx Page 3 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Nantes Legai Description 002 - 082 -03 2102 N. Heliotrope Drive Oakley William TR 1035 LOT 25 BLK A NLY and Christine 4433 FT THEREOF(LOT 26 Groves Chaney BLK A ALL -EX NLY 19.43 FT- THEREOF Exhibit A Resolution No. 2016 -xx Page 4 of 4 25F -116 REQUEST FOR A Histodc Resources Commission Action t { {,Iiw PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -25, HISTORIC REGISTER CATEGORIZATION NO. 2016.24, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016.24 FOR PROPERTY LOCATED AT 2030 NORTH ROSS STREET {STRATEGIC PLAN NOS. 5, 2; 5,31 Prepared by Hally Soboleske M 3 APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO te Ex utive c #or Planning M nager 1. Adopt a resolution approving Historic Resources Commission Application No. 2016 -25 and Historic Register Categorization No. 2016 -24. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with George and Patricia Camaras, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant George and Patricia Camaras are requesting approval to designate an existing residence located at 2030 North Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Proiect Location and Site Description The subject property consists of a 2,086- square -foot, single -story Spanish Colonial Revival style residence and detached garage on a 9,831- square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana EXHIBIT B10 25F -117 HRCA No. 2016 -25, HRC No. 2016 -24 & HPPA No. 2016 -24 October 6, 2016 Page 2 Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Trawick House, has distinctive architectural features of the Spanish Colonial Revival style and was built in 1933 by an unknown builder. Character defining features of the Trawick House that should be preserved include, but may not be limited to, materials and finishes including stucco, clay roof tiles, arches leading to the front entry, original windows and original front entry door, massing, and articulation (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "is a good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25F -118 HRCA No. 2016 -25, HRC No. 2016 -24 & HPPA No. 2016 -24 October 6, 2016 Page 3 Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was pasted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -110 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 & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Soboleske Senior Planner HS:jm hslHistoric info\ 100616NRMhrcal6- 25hm16- 24hppal6- 24.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement\ 25F -119 500' RADIUS NO1 11 mr, IMF PLANNING AND BUILDING AGENCY IVBVJO EXECUTIVE SUMMARY TRAWICK HOUSE 2030 North Ross Street Santa Ana, CA 92706 NAME Trawick House REF, NO. ADDRESS 2030 North Ross Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1933 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: [] Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Spanish Colonial Revival flourished between 1915 and 1940, reaching Its apex during the 19203 and 1930s, The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low- pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also Includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought Iron, tile, or stone decorative elements. SUMMARY /CONCLUSION: The Trawick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "is a good example of period architecture ". (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. FW4:IT 25F -121 State of California —The Resources Agency Primary #-- DEPARTMENT OF PARKS AND RECREATION HRI #__ PRIMARY RECORD Trinomial_ NRHP Status Other Listings__ Review Code or number (assigned by recorder) Trawick House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2030 N. Ross St. City Santa Ana Zip 92706 *a. Other Locations] Data: Assessor's Parcel Number 002.112 -24 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Trawick House is an example of the Spanish Colonial Revival style of architecture. 1" shaped in plan, the house is sheathed in a "Humpy Bumpy" finished stucco, and has a cross - gabled roof with clay tile and very narrow eaves. The residence is two- stories with a the front facing bay having large arched windows with multiple lights and canopies, as well as a low projecting wall that creates a small courtyard in the front. The front entry includes a heavy wooden door. The front facade of the second story includes a balcony with decorative carved wood posts and segmented arches. The garage sits to the rear of the yard, but is nondescript architecturally. The Trawick House once had a Hollywood drive, but the center strip has since been filled. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ®Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) South facing elevation 2016 *P6. Date Constructed /Age and Sources: ■historic 1933 *P7. Owner and Address: George and Patricia Camaras 2030 N. Ross Street Santa Ana, CA 92706 *138. Recorded by: Hally Soboieske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: October 6, 2016 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None *Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ODistrict Record 01-hear Feature Record OMilling Station Record ORock Art Record OArtifact Record E Photograph Record O Other (list) DPR 523A (1190 25F -122 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# _ BUILDING, STRUCTURE, AND OBJECT RECORD Page �2 of 4 *NRHP Status Code 5S3 Kesource name ors: t rawictc House B1. Historic Name: Trawick House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence *85. Architectural Style: Spanish Colonial Revival *86. Construction History; (Construction date, alterations, and dale of alterations): Constructed 1933 August 1933. Residence and garage by A.P. Trawick, $5,000. April 1940. Recreation room. February 1941. Reroof. September 1981. 2 bathroom additions for Steven Howarth. *B7. Moved? ■No Wes OUnknown Date: Original Location: *158. Related Features: None. 69a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901 -1954 Property Type: Single- family Residence Applicable Criteria: NR: B,C; CR: 2,3 (Discuss Importance In terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Trawick House was built for Arthur P. Trawick and his wife Vera. Mr. Trawick was appointed to the position of Vice President of the First National Bank located at First and Main Streets in Santa Ana. The Trawick's had a very active social life in Santa Ana, and continued to live in the house until the mid- 1950's when they moved to Lakewood, California. Paul Maull then bought the house and lived there until 1981 when he moved to Long Beach. The property was then purchased by Stephen Howarth. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4) B13. Remarks: *814. Evaluator: Hally Soboleske *Date of Evaluation: October 6, 2016 DPR 5236 (1195) 25F -123 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by Hefty Soboleske "Date October 6, 2016 21 Continuation ❑ Update *1510. Significance (continued): Santa Ana was founded by William Spurgeon in 1669 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Aria. The civic and commercial core of the community was centered on the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1885, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Trawick House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, Now York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" ( Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built In the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War II years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Trawick House The Trawick House qualifies for listing In the Santa Ana Register of Historical Properties under Criterion 1 for Its exemplification of the characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "is a good example of period architecture ". (Municipal Code, Section 30 -2.2). Character defining features of the Trawick House that should be preserved include, but may not be limited to, exterior materials including stucco, clay roof tiles, arches loading to the front entry, original windows and original front entry door, massing, and articulation. *612. References (continued): Harris, Cyril M. American Architecture: An Illustrate 1dEEnclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form! Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. "The Gingerbread Land Holiday Home Tour, 1999." Brochure. Richard, Maureen McClintock. "People Behind Places: Enderle Center." Orange County Genealogical Society Quarterly, December 1993, pages 4-7. Santa Ana and Orange County Directories, 1905 -1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Ancestry.com Newspapers.com r (This space reserved for official comments.) DPR 523L A EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO.2016 -xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -25 TO PLACE THE PROPERTY LOCATED AT 2030 NORTH ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2016 -24 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 6, 2016, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2016 -26) and categorization (Historic Resources Commission Categorization No. 2016 -24) of the Trawick House located at 2030 North Ross Street, Santa Ana. B. The Trawick House has distinctive architectural features of the Spanish Colonial Revival style, and was built in 1933 by an unknown builder. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive under Criterion 1 for its exemplification of the characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "is a good example of period architecture ". (Santa Ana Municipal Code, Section 30 -2.2). Character - defining features of the Trawick House that should be preserved include, but may not be limited to, materials and finishes including stucco, clay roof tiles, arches leading to the front entry, original windows and original front entry door, massing, and articulation. D. The legal owners of the subject property are George and Patricia Camaras. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Resolution No. 2016 -xx Page 1 of 4 25F -125 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30- 2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -110 will be filed for this project.. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2016 -25 to place the Trawick House located at 2030 North Ross Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2016 -24 placing the Trawick House located at 2030 North Ross Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution In the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 6th day of October, 2016. Alberta Christy Chairperson Resolution No. 2016 -xx Page 2 of 4 25F -126 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 6, 2016. Date: Acting Recording Secretary City of Santa Ana 25F -127 Resolution No. 2016 -xx Page 3 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6143 LEGAL DESCRIPTION APN Address Owner Names Legal Description 002 - 112 -24 2030 N. Ross Street George and N TR 788 LOT 21 Patricia Camaras Exhibit A Resolution No. 2016 -xx Page 4 of 4 25F -128 PUBLIC HEARING - HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -28, HISTORIC REGISTER CATEGORIZATION NO, 2016 -26, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016 -25 FOR PROPERTY LOCATED AT 2211 NORTH ROSS STREET {STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Hally Soboleske HISTORIC RESOURCES COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO w Ex utive T7i for Planning Manager 1. Adopt a resolution approving Historic Resources Commission Application No. 2016 -28 and Historic Register Categorization No. 2016 -26. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Duane Greenleaf, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Duane Greenleaf is requesting approval to designate an existing residence located at 2211 North Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 1,742- square -foot, single -story English Revival style residence and detached garage on a 7,500 square foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana EXHIBIT B11 25F -129 HRCA No. 2016 -28, HRC No. 2016 -26 & HPPA No. 2016 -25 October 6, 2016 Page 2 Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Gantman House, has distinctive architectural features of the English Revival style and was built in 1930 by O.F. Fowler. Character defining features of the Gantman House that should be preserved include, but may not be limited to, materials and finishes; chimney; roof configuration; exterior materials; original windows and doors (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it is a good example of period architecture (Municipal Code 30 -2.2). Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25F -130 HRCA No. 2016 -28, HRC No. 2016 -26 & HPPA No. 2016 -25 October 6, 2016 Page 3 Public Notification The subject site is located within the Floral Park Neighborhood, The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within. 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEgA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -111 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 & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). ,Vu- Hally Soboleske Senior Planner HS:jm WHistodc Infot960616HRC thrca16-26hrc16- 26hppa16- 25.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25F -131 500' RADIUS 1 • i s r 2211 NORTH ROSS STREET GANTMAN HOUSE G \► ► d\ AM 312 EXECUTIVE SUMMARY GANTMAN HOUSE 2211 N. Ross Street Santa Ana, CA 92706 NAME Gantman House REF. NO. ADDRESS 2211 N. Ross Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the fagade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: The Gantman House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as' °'Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the transitional period in the mid to late 1930s in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 5: Ineligible for the National Register, but still of local significance. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation EXHIBIT 2 25F -133 State of California— The Resources Agency Primary # _ DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code____.__..._._ Other Listings Review Code Reviewer Date nameis) or number (assigned by recorder) P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2211 N. Ross Street City Santa Ana Zip 92706 *a. Other Locationai Data: Assessor's Parcel Number 010 - 103 -06 *123a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Gartman House is a unique example of the English Revival style. The house is clad in smooth stucco, and has a very steeply pitched roof and a used brick chimney is prominent over the asphalt shingle covered teatime. There are two front facing and steeply pitched bays, one of which possesses an arched entry to the front entry door. Beside this opening is another arched opening to the front porch. The other bay Is pierced by an arched wooden window. Four steps lead to the front entry and these steps are covered with brick veneer. The northernmost portion of the house has a large tripartite window with windows that are nearly floor to ceiling with eight lights. The yard is landscaped in an "English Garden" fashion replete with box hedges. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property W. Resources Present: ■Building ❑Structure ©Object r3Site ❑District ■Element of District ❑Other PSb. Photo: (view and date) East facing elevation 2016 *P6. Date Constructed(Age and Sources: ■historic 1930 *P7. Owner and Address: Duane Greenleaf 2211 N. Ross Street Santa Ana, CA 92706 *1313. Recorded by: Hally Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: October 6, 2016 *1310. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None *Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record 0Archaeological Record ODistrict Record OLinear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record 0 Other (list) DPR 523A (1195) 25F -134 *Required information State of California —The Resources Agency Primary # _ DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 ttesource Name or s: uantman mouse B1. Historic Name. Gantman House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence *85. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 October 1930. Residence and garage. $5,750. July 1959. Swimming pool for H.T. West. August 1959. Patio coverforT. Hume West. *B7, Moved? li OYes OUnknown Date: Original Location: *B8. Related Features: None B9a, Architect: Unknown b. Builder: O. F. Fowler *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901 -1954 Property Type: Single- family Residence Applicable Criteria: NR: B,C; CR:2,3 (Discuss Importance in terms of historical or architectural context as def7nedby theme, period, and geographic scope. Also address integrity) The Gantman House is an English Revival styled residence with three bedrooms and two baths. The house was built by O.F. Fowler for Manus and Ethel Gantman, immigrants for Romanow, Russia. Bom in 1890, Manus married Ethel in Warsaw, Poland then traveled to Southhampton, England before finally immigrating to Ellis Island and finally, Santa Ana. Mr. Gantman became a United States citizen in 1930, and together then had three children: Joseph, Betty, and Lawrence. Mr, Gantman was well liked In the community and had his own clothing store. However on October 24,1932, a person entered the store and murdered Mr. Gantman with a tire iron and four strikes to the head and three to the face. He was buried at Mount Zion Cemetery in Los Angeles. Ethel eventually opened her own hosiery store In Santa Ana. (See Continuation Sheet 3 of 4.) 811. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Hally Soboleske *Date of Evaluation: October 2016 DPR 5238 (1/95) (This space reserved for official comments,) *B1o. Significance (continued): 25F -135 Sketch Map N Gantman House 2211 N. Ross Street I -m a a. . r w.Rw V,L'row uI, TRACT' 1: 0 I a r i_fi .' 19's 18 i 1p 3 2�6 � EI I l`J NOBS 4d 3 State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by Hally Soboleske *Date October 06, 2096 0 Continuation a Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Gantman House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353.356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes In Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive In the area. They sold for about $45,000 each" (Orange Countu Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco -styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 19205 and 1930s, another builder, Roy Roscoe Russell (1881 - 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War II years, Floral Park continued Its development as numerous smaller, single - family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Gartman House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it is a good example of period architecture (Municipal Code 30 -2.2). Character defining features of the Gartman House include: chimney; roof configuration; exterior materials; original windows and doors. `612. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A_Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. 'The Gingerbread Lande Holiday Home Tour, 1999." Brochure. Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Orange County Genealogical Society Quarterly, December 1993, pages 4-7. Santa Aria and Orange County Directories, 1905 -1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. DPR 523L 25F-1 36 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -28 TO PLACE THE PROPERTY LOCATED AT 2211 NORTH ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2016 -26 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 6, 2016 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2016 -28) and categorization (Historic Resources Commission Categorization No. 2016 -26) of the Gantman House located at 2211 North Ross Street, Santa Ana. B. The Gantman House has distinctive architectural features of the English Revival style, and was built in 1930 by O.F. Fowler, C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it is a good example of period architecture (Santa Ana Municipal Code 30 -2.2). Character- defining features of the Gantman House that should be preserved include, but may not be limited to, materials and finishes chimney; roof configuration; exterior materials; original windows and doors. D, The legal owner of the subject property is Duane Greenleaf. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code. Resolution No. 2016 -xx Page 1 of 4 25F -137 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30- 2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -111 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2016 -28 to place the Gantman House located at 2211 North Ross Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2016 -26 placing the Gantman House located at 2211 North Ross Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 6th day of October, 2016. Alberta Christy Chairperson Resolution No. 2016 -xx Page 2 of 4 25F -138 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 6, 2016, Date: Acting Recording Secretary City of Santa Ana 25F -139 Resolution No, 2016 -xx Page 3 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6403 LEGAL DESCRIPTION APN Address Owner Names Legal Description 002 - 111 -18 2211 N. Ross Street Duane Greenleaf TR 947 LOT 10 S 50 FT Exhibit A Resolution No. 2016 -xx Page 4 of 4 25F -140 OCTOBER 6, 2016 TITLE. PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016-13, HISTORIC REGISTER CATEGORIZATION NO. 2016-12, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016 -26 FOR PROPERTY LOCATED AT 2527 NORTH FRENCH STREET {STRATEGIC PLAN NOS. 5,2; 5,3} Prepared by Ham Soboleske APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO — — __ �PlannlnqM xetiv irectar._. 1. Adopt a resolution approving Historic Resources Commission Application No. 2016 -13 and Historic Register Categorization No, 2016 -12, 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Carlos Lopez, subject to non- substantive changes approved by the City Manager and City Attorney. Carlos Lopez is requesting approval to designate an existing residence located at 2527 North French Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Proiect Location and Site Description The subject property consists of a 1,796 - square -foot, single -story Minimal Traditional style residence and detached garage on an 8,893- square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana EXHIBIT B12 25F -141 HRCA No, 2016 -13, HRC No. 2016 -12 & HPPA No. 2016 -26 October 6, 2016 Page 2 Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Schlueter House, has distinctive architectural features of the Minimal Traditional style and was built in 1953 by Pacific Contracting. Character defining features of the Schlueter House that should be preserved include, but may not be limited to, materials and finishes; roof configuration and detailing; original windows and doors where extant (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties due to its characteristics of the Minimal Traditional architectural style. Typical features illustrated by the house include its front porch, portal window, wood single hung windows, and modest size. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and "is a good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation Provides additional incentive for potential buyers to purchase historic structures Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25F -142 HRCA No. 2016 -13, HRC No. 2016 -12 & HPPA No. 2016 -26 October 6, 2016 Page 3 Public Notification The subject site is located within the Park Santiago Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Park Santiago Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -112 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 & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Soboleske Senior Planner HS:jm hsTlistorio InfoY 61616HRQhma16- 13hrc16 -' 2hppa16.26 -hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25F -143 500' RADIUS HRCA NO. 2016- 13 /HRC NO. 2016 -12 2527 NORTH FRENCH STREET SCHLUETER HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 1 25F -144 EXECUTIVE SUMMARY SCHLUETER HOUSE 2527 N. French Street Santa Ana, CA 92706 NAME Schlueter House REF. NO. ADDRESS 2527 N. French Street CITY Santa Ana ZIP 92706 I ORANGE COUNTY YEAR BUILT 1953 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 553 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE; Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle -class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic - eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (PHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, tow -cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one -story in height, often with a front - gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one -story version mimics, the Minimal Traditional home Is capped with a low or Intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of mull -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARY/ CONCLUSION: The Schlueter House is an example of the Minimal Traditional style of architecture, made popular in the post WWII era. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the transitional period In the mid to late 1930s in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 9, 2001.) 5: Ineligible for the National Register, but still of local significance. . It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation EXHIBIT 2 25F -145 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinomi; NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Schlueter House P1. Other Identifier: *P2. Location: ONot for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2527N. French Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 396- 431 -16 *133a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Schlueter House Is an example of the Minimal Traditional style of architecture that was common post WWII due a housing shortage from service personnel returning from military deployment. Minimal traditional housing was made quickly, but of quality materials. The house is capped with shingles and is covered with tight dash style stucco. Windows are composed of wood and are single hung. The southernmost window on the front elevation is in three parts with a fixed window in the center frame, and two sashed single hung windows on either side. Typical of the time period, a single fixed diamond - shaped window is placed near the front entry to evoke the look of a portal window on a ship. The front entry itself is underneath an elongated porch with simple 4'x4" wood posts with two steps of concrete leading to the wooden front door. A concrete driveway with brick accents (nonoriginal) leads to the detached rear garage. The houseand landscape are in excellent condition. *133b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■building ❑Structure ❑Object ❑Site ❑District ❑ Element ofDistrict ❑Other 135b. Photo: (view and date) West facing elevation 2016 *P6. Date Constructed /Age and Sources: ■historic 1953/City of Santa Ana Building Permits *P7. Owner and Address: Carlos Lopez 2527 N. French Street Santa Ana, CA 92706 *P6. Recorded by: Hally Soboleske 20 Civic Center Plazas Santa Ana, CA 92702 *P9. Date Recorded: October 6, 2016 *P10. Survey Type: Intensive Survey Update *P11. Report Citation. (Cite survey report and other sources, or enter "none ") *Attachments: ONone ❑Location Map ❑Sketch Map sContinuation Sheet eBuiiding, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record OPhotograph Record O Other (list) DPR 523A (1195) 25F -146 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# _ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2, of 4 *CHR Status Code 5S1 KesourCO Name or 8: z5cnluater House B1. Historic Name: Schlueter House B2. Common Name: Same 83. Original Use: Single -family Residence B4, Present Use: Single - family Residence *B5. Architectural Style: Minimal Traditional *BB. Construction History: (Construction date, alterations, and date of alterations): Constructed 9963 October 1953. 6 room residence and garage. May 1970. Enclose patio, August 1973. Aluminim shed. *57. Moved? ■No OYes ❑Unknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Pacific Contracting *B16, Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1896 -1965 Property Type: Single - family Residence Applicable Criteria: CR., 2D2 (Discuss importance In terms of historical or architectural context as defined by theme, period, and geographic scope, Also address integrity) The first occupants of the house were Raymond Arthur and Carol Schlueter, Mr. Schlueter was born In Ferndale, Calfiornla in Humbolt County in 1922. He married Carol In 1948, and they settled in this house shortly after in 1953. Mr. Schlueter was a plumber by trade having apprenticed in 1947 in Santa Ana while they lived in t 252 S. Van Ness which was later demolished for the construction of Santa Ana High School. Because of his experience, Mr. Schlueter acted as the plumbing contractor for his own home. The Schlueters moved to Dana Point, California by the early 1970's and Mr. and Mrs. James K Smith became the new owners. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Hands, Cyril M. American Architecture: An Illustrated Ency c "edla. New York, WW Norton, 1998. Marsh, Diann, Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994. (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: HaOySoboleske *Date of Evaluation: October 6, 2016 DPR 5238 (1195) Sketch Map (This space reserved for official comments,) 25F -147 396.431 -16 2527 N. French Street O '•�oio;��rJ� oc'al 7 muneee" serer � @101@1uIninlr.» State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Schlueter House *Recorded by Holly Soboleske *Date October 6, 2016 Ox Continuation El Update *B10. Significance (continued): The Schlueter House is located in the Park Santiago neighborhood, near the present northern city limits of Santa Ana and substantially north of the original city core. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1 -5 freeway on the southwest. In large pan these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street, the Atchison, Topeka, and Santa Fe tracks followed Lincoln, and the Southern Pacific Railroad right -of -way mirrored the freeway route. This area remained primarily agricultural well into the 1920s, As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or'fruit grower" as their occupation In the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately ferry landowners. White the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but Increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single - family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the nelghborhood and infill construction in the western half displayed the simplified ranch style that emerged following World Wei, A The Schlueter House qualifies for listing on the Santa Ana Register of Historical Properties due to Its characteristics of the Minimal Traditional architectural style. Typical features illustrated by the house include its front porch, portal window, wood single hung windows, and modest size. Additionally, the house has been categorized as "Contributive "because it "contributes to the overall character and history" of Santa Ana, and "is a good example of period architecture." Character - defining exterior features of the Schlueter House that should be preserved include, but may not be limited to, front porch, materials and finishes; roof configuration and detailing; original windows and doors where extant. DPR 523E 25F -148 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial of 4 Resource Name or # (Assigned by recorder) Schlueter House by Hally Soboleske *Date October 6, 2016 El Continuation 0 Update 812. References (continued): McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1964. National Register Bulletin 16A. "How to Complete the National Register Registration Form.' Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation, "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1932 -1954, Whiffen, Marcus. American Architecture Stnce 1760. Cambridge: MIT Press, 1969. 'Alison Honer Dies at 64," The SaNa Ana Journal, September 21, 1961. 'Builder of Honer Plaza Dies," Orange County Register, September 15, 1961. 'History of Floral Park." httu.7 /wm flgel_ -park comlpage2 hlmi. DPR 523L 25F -149 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO, 2016 -xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -13 TO PLACE THE PROPERTY LOCATED AT 2527 NORTH FRENCH STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2016 -12 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 6, 2016 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2016 -13) and categorization (Historic Resources Commission Categorization No. 2016 -12) of the Schlueter House located at 2527 North French Street, Santa Ana. B. The Schlueter House has distinctive architectural features of the Minimal Traditional style, and was built in 1953 by Pacific Contracting. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive due to its characteristics of the Minimal Traditional architectural style. Typical features illustrated by the house include its front porch, portal window, wood single hung windows, and modest size. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and "is a good example of period architecture." Character - defining features of the Schlueter House that should be preserved include, but may not be limited to, materials and finishes; roof configuration and detailing; original windows and doors where extant. D. The legal owner of the subject property is Carlos Lopez. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Resolution No. 2016 -xx Page 1 of 4 25F -150 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30- 2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER- 2016 -112 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2016 -13 to place the Schlueter House located at 2527 North French Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2016 -12 placing the Schlueter House located at 2527 North French Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 6th day of October, 2016. Alberta Christy Chairperson Resolution No. 2016 -xx Page 2 of 4 25F -151 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 6, 2016. Acting Recording Secretary City of Santa Ana 25F -152 Resolution No. 2016 -xx Page 3 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 396- 431 -16 2527 N. French Street Carlos Lopez TR 705 LOT 52 FOR OF LOT AND TR 1473 LOT 27 Exhibit A Resolution No. 2016 -xx Page 4 of 4 25F -153 25F -154 CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: AWARD OF SITE LICENSE AND LEASE AGREEMENTS TO GREYHOUND LINES, INC., FOR BUS PASSENGER SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER {STRATEGIC PLAN NO. 3, 2C} �o CITY MAN ER 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 1. Authorize the City Manager and Clerk of the Council to execute a site license agreement with Greyhound Lines, Inc., beginning December 1, 2016, and continuing indefinitely, subject to termination without cause by either party with seven days' notice, to compensate the City $60,000 annually for the use of the license area of two bus bays at the Santa Ana Regional Transportation Center, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute a three -year site lease agreement with Greyhound Lines, Inc., for the period beginning December 1, 2016, through November 30, 2019, with two one -year extension options exercisable by the City Manager, to compensate the City $38,136 annually for the lease of interior office space for the provision of bus passenger services at the Santa Ana Regional Transportation Center, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Regional Transportation Center (SARTC) is a regional transportation hub that brings together Amtrak, Metrolink, Orange County Transportation Authority (OCTA), and interstate bus services. It is open to the public seven days a week from 5:00 a.m. to midnight. The facility contains approximately 35,000 square feet of total rental space, including ten bus bays. Currently, five bus bays are licensed to OCTA, two are licensed to Tres Estrellas de Oro, and three bus bays are available for lease. Greyhound Lines, Inc., began operating out of the SARTC in 1985 and has been on a month -to- month license agreement since October 2008. In 2015, agreements with two other bus 25G -1 Award License and Lease Agreements with Greyhound Lines, Inc., for Bus Passenger Services at the SARTC November 15, 2016 Page 2 passenger service operators operating out of the SARTC were terminated due to noncompliance with agreement requirements. The termination of those agreements left Greyhound Lines, Inc., as the only remaining bus passenger service operator servicing the SARTC with a ticket office and three bus bays. On August 19, 2015, the City released a Request for Proposals (RFP) for bus passenger transportation services at the SARTC to occupy six vacant spaces. The RFP was advertised on the City's website, in the Orange County Register, and on the American Public Transportation Association website. City staff also directly notified 12 bus passenger service operators that expressed interest in leasing space at the SARTC. The summary of the proposal invitations and proposals received is as follows: 12 vendors notified 2 proposals received Proposals were received on October 26, 2015, and evaluated by staff from the Community Development, Finance, and Public Works agencies. Each evaluation was based on a total possible rating of 100 points with the following results: NAME OF RESPONSIVE BIDDER AVERAGE RATING LOCATION Greyhound Lines, Inc. 90 Dallas, TX Tres Estrellas de Oro 70 Huntington Park, CA The evaluation committee determined that the proposals submitted by both Greyhound Lines, Inc., and Tres Estrellas de Oro were responsive to the RFP, with Greyhound Lines, Inc., scoring significantly higher. Following the evaluation process, staff entered into negotiations with both Greyhound Lines, Inc., and Tres Estrellas de Oro. On December 15, 2015, City Council approved a one -year agreement with Tres Estrellas de Oro while negotiations continued with Greyhound Lines, Inc. The negotiations with Greyhound Lines, Inc., are now complete, with the following key agreement terms (Exhibits 1 and 2): • Reduced office space • Monthly lease amount for ticket counter office space: $3,178 • Monthly bus bay license amount for two bus bays: $5,000 ($2,500 per bus bay) Greyhound Lines, Inc., has operated at the SARTC for over 30 years and has demonstrated that it has the organizational credentials, resources, and experience necessary to meet Santa Ana's desire for quality service. Based on references and the information provided in the proposal, staff has determined that Greyhound Lines, Inc., will continue to provide quality service at a market rate and, therefore, requests approval of the recommended actions. 25G -2 Award License and Lease Agreements with Greyhound Lines, Inc., for Bus Passenger Services at the SARTC November 15, 2016 Page 3 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), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects including: The Fixed Guideway Project, Santa Ana Regional Transportation Center Master Plan, Complete Streets and General Plan Circulation Element update). FISCAL IMPACT Approval of the site license agreement obligates Greyhound Lines, Inc., to compensate the City $60,000 annually for the use of the license area of two bus bays at the SARTC. With an effective date of December 1, 2016, anticipated FY 2016/17 revenue from the site license agreement is $35,000. This agreement remains in effect until termination by either party with seven days' notice. Approval of the site lease agreement obligates Greyhound Lines, Inc., to compensate the City $38,136 annually for the lease of interior office space at the SARTC. The three -year agreement term begins December 1, 2016, and ends November 30, 2019. There is also an option for two one -year extensions. The total anticipated revenue from this agreement is as follows: FISCAL YEAR REVENUE Agreement 3 -year Term 2016/17 $22,246 2017/18 $38,136 2018/19 $38,136 2019/20 $15,890 TOTAL $114,408 Two 1 -year Extensions (Optional) 2019/20 $22,246 2020/21 $38,136 2021/22 $15,890 TOTAL $76,272 Lease revenues from these agreements will be received into the PWA — SARTC Operations Rental — Greyhound Lines Inc. revenue account (No. 06717002 - 53810) and budgeted for expenditure each fiscal year in the PWA SARTC Enterprise Operations expenditure accounts (Accounting Unit No. 06717650). Revenues and corresponding expenditures for FY 2016/17 were budgeted at $94,800. However, due to the delay in negotiations, the revised revenue expectation is now $90,233.50, a reduction of $4,566.50. See Exhibit 3 for details. 25G -3 Award License and Lease Agreements with Greyhound Lines, Inc., for Bus Passenger Services at the SARTC November 15, 2016 Page 4 APPROVED AS TO FUNDS AND ACCOUNTS: Fr Mousavipour ra ' co Executive Director E Public Works Agency Finance & FM /MLM /GPL /CK Exhibits: 1. License Agreement — Greyhound Lines, Inc. 2. Lease Agreement — Greyhound Lines, Inc. 3. FY 2016/17 Revised Revenue 25G -4 rrez Services Agency LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND GREYHOUND LINES, INC. FOR USE OF THE SANTA ANA REGIONAL TRANPORTATION CENTER FACILITIES This LICENSE AGREEMENT ( "Agreement ") by and between the CITY OF SANTA ANA, a municipal corporation of the State of California ( "City ") and GREYHOUND LEQES, INC., a California Corporation (Referred to as "Licensee" or "Greyhound ") is dated as of December 1, 2016 ( "Effective Date "). Greyhound and City are sometimes individually referred to as "Party" and collectively as "Parties," RECITALS A. Licensee is a provider of interstate bus transportation services throughout the state of California, B. Licensee desires the use of and access to the Santa Ana Regional Transportation Center Facilities ( "SARTC" or 1 °Facilities "), located at 1000 East Santa Ana Boulevard in the City of Santa Ana, for a bus stop for the purpose of drop off and pick up of its Invitees (defined below) that utilize Greyhound's bus services ("Transit Services "). City desires to allow Licensee the use of and access to the Facilities for a bus stop for the purpose of drop off and pick up of its Invitees and allowing its Invitees to utilize the Transit Services, NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. TERMS 1.1 Facilities Subject to License, City owns the real property commonly known as the Santa Ana Regional Transportation Center (SARTC) (also referred herein as the "Facilities "), Subject to the terms and conditions of this Agreement, City hereby agrees to allow Licensee the exclusive use of, and access to, two (2) bus bays at the Facilities as a bus stop for the purpose of drop off and pick up of its Invitees (defined below). THE BUS BAYS SUBJECT TO THIS LICENSE ARE BUS BAYS #5 AND #6 (The "License Area "), The panties understand that the City may unilaterally reassign the License for bus bays #5 and #6 in the future upon written notice by the City and that all terms and conditions of this license will likewise apply to any replacement bus bays. See Exhibit "A" for description of License Area. 1,2 Grant-of License. Terms of License. City hereby grants to Licensee an exclusive license ( "License "), during the term of this Agreement, for vehicular and pedestrian ingress to and egress from the Facilities and vehicular and pedestrian use of the Facilities for its regularly scheduled passenger service. THIS AGREEMENT IS INTENDED AND SHALL BE CONSTRUED ONLY AS A REVOCABLE LICENSE TO USE THE LICENSE AREA AND NOT AS A LEASE OR GRANT OF ANY POSSESSORY OR OTHER INTEREST. 1.3 Restrictions on Use of Facilities. Licensee shall not use, and shall prohibit its Agents (defined as follows) or Invitees (defined as follows) from using the Facilities other than for the purposes specified herein. The term "Agents" shall mean L'icensee's officers, directors, members, agents, employees, invitees, contractors, subcontractors, and any employees of such parties. The term "Invitees" shall mean Licensee's,invitees, guests, customers or business visitors. Exhibit 25G -5 1.4 City Approval of Greyhound's Buses. Greyhound shall provide the City with documentation listing, for each and every bus providing services at the SARTC: (1) registered owner; (2) VIN number; (3) license plate number; (4) USDOT number; (5) proof of authorization from the Federal Motor Carrier Safety Administration ( "FMCSA "); (6) proof of insurance; and (7) a list of all licensed drivers who may operate the bus. Additionally, Licensee shall ensure that use of the Bus Bays shall be by clearly marked buses identifying the Greyhound company name and USDOT number. Licensee agrees that it will provide the City with a list of buses that will use Bus Bay #5 and #6 as a precondition for use of the Bus Bays, Any additional buses must be approved by the City prior to beginning service. The use of any non - approved bus at the SARTC is a breach of this Agreement and will result in immediate termination thereof. 1,5 Compensation. As consideration for its use of the License Area and related Facilities, Licensee agrees to pay a monthly fee of $5,000.00 per month for the term of this Agreement. Such payment shall be made payable to the City of Santa Ana, in advance for each month, and at the following address: payable to "The City of Santa Ana" and remitted to: City of Santa Ana M -13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10 %) shall be applied to any payment hereunder due but unpaid after the 1011 of the month. The consideration for this License shall be subject to a CPI adjustment for the most current period (for All Urban Consumers) annually on the anniversary of the Effective Date of this Agreement. 1.6 AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 13 Term and Termination of License. The term of this License shall continence on December 1, 2016, and shall continue indefinitely subject to termination without cause by either Party with seven (7) days' notice, unless earlier terminated as provided herein. 1.8 No assignment of License, The permission, rights and privileges granted hereunder are nonexclusive and nontrrmsferable. Licensee shall not, either voluntarily or by action of law, assign or transfer this License or any obligation, right, title or interest assurned by Licensee herein without the prior written consent of the City. If Licensee attempts an assignment or transfer of this License ar any obligation, right, title or interest herein, City may at its option, terminate the License pursuant to Section 1,10 below and shall thereupon be relieved from any and all obligations to Licensee or its assignee or transferee. 1.9 Agreement to Protect and Maintain Facilities Licensee, on behalf of its Agents and Invitees, agrees to take all prudent action to protect the Facilities from any damage or injury caused by the exercise of this License, Licensee shall immediately notify City of any damage or injury to the Facilities caused by its use of the Facilities. 1.10 City's Right of Suspension, Termination. City reserves the right to immediately suspend all activities or terminate this Agreement upon Licensee' non - compliance with any of the terms or conditions of this Agreement. Such suspension or termination shall be effective immediately. 25G -6 1.11 Comelianee with Laws; Reizulatory Approvals. Licensee shall, at its sole expense, conduct and cause to be conducted all activities on the Facilities in compliance with all laws, regulations, codes, ordinances and orders of any governmental or other regulatory entity, and whether or not in the contemplation of the parties. 1.12 Indemnification. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ( "Covered Parties ") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or any portion of the Property or surrounding property, or Licensee's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnity shall not be a condition precedent to the duty to defend. The provisions of this Section 1,12 shall survive the termination or expiration of this Agreement. 1.13 Commercial General Liability Insurance Licensee shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee's use of the license area, 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 $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. 1.14 Certificates of Insurance: Additional Insured Endorsements. Prior to execution of this Agreement, Licensee shall furnish to City certificates of insurance and additional insured ,status on Licensee's commercial general liability insurance policy, evidencing the foregoing insurance coverages as required by this Agreement. These certificates shall: a. provide the nine and policy number of each =tier and policy; b. shall state that the policy is currently in force; and C. shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without notice to City as soon as reasonably practicable or in accordance with policy provisions, whichever is earlier. Licensee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carving the foregoing insurance coverages shall not derogate from the provisions for indemnification of City by Licensee under the Agreement. City or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Licensee shall provide within five (5) days of City's request. 2. MISCELLANEOUS TERMS 2.1 Notices. Demands and Communications hetween the Parties. 2.1.1 Formal notices, demands and communications between Licensee and City shall be deemed sufficiently given if: (i) dispatched by registered or certified mail via the United States Postal Service, postage 25G -7 prepaid, return receipt requested, as designated in this Section; or (ti) by messenger service for immediate personal delivery; or (iii) by electronic transmittal, including fax transmissions with telephonic verification receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time to time designate by written notice to the other Party. 2,1.2 All notices, demands and communications shall be sent, as follows: TO LICENSEE: Greyhound Lines, Ina 350 M Saint Paul Street Dallas, TX 75201 TO CITY: Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) Santa Ana, California 92701 Attention, Executive Director of Public Works AND City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 Fax: (714) 647-6515 2.1.3 Notices that are dispatched by registered or certified mail through the United States Postal Service shall be deemed to be received, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, five (5) calendar days after deposit with the United States Postal Service. Notices that are dispatched by messenger for immediate personal delivery services shall be deemed received upon the day dispatched. Notices dispatched by express delivery services shall be deemed received upon execution of the delivery receipt by the Party receiving such notices. Notices dispatched through electronic transmittals shall be deemed received upon telephonic verification of such receipt. 2.2 Amendment, With the exception of a reassignment of the License Area as described in section 1. 1, this Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties, 23 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. 2.4 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 2.5 Time is of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed of the essence. 2,6 Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of Orange, California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for Orange County, California. The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the County of Orange, California and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens. 25G -8 2.7 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 2.8 Construction; References; Captions, Since the Patties or their agents have participated hilly in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days, except as otherwise specified in this Agreement. All references to City include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of City, except as otherwise specified in this Agreement. All references to Licensee include its officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors, except as otherwise specified in this Agreement, The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 2.9 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Either Parties' consent or approval of any act by the other Party requiring its consent or approval shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 2.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party, All warranties and promises to indemnify shall survive the termination, abandonment, or completion of this Agreement. 2,11 Legal Counsel. Each Party acknowledges that: (i) it has read this Agreement; (ii) it has had the opportunity to have this Agreement explained to it by legal counsel of its choice; (iii) it is aware of the content and legal effect of this Agreement; and (iv) it is not relying on any representations made by the other Party or any of the employees, agents, representatives, or attorneys of the other Party, except as expressly set forth in this Agreement. 2.12 SeverabilitX. In the event that. any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 2.13 Binding Effect. The terms of this Agreement shall fmre to the benefit of, and shall be binding upon, each of the Parties and their respective successors and assigns. 2.14 Authorized Representatives. The person or persons executing this Agreement on behalf Licensee and City warrants and represents that he /she has the authority to execute this Agreement on behalf of that Party and that he /she has the authority to bind that Party to the performance of its obligations hereunder. 2.15 Entire Agreement. This Agreement constitutes the entire and integrated agreement of Licensee and City with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. 25G -9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Iu� I3 se__. do at I Chief Assistant City A" ttorncy RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager GREYHOUND LINES, INC. By: Title: Tax ID # 6 25G -10 ml� 4 ml 1XII, W, I'M614, 25G -12 LEASE THIS LEASE (the "Lease ") is made as of November 15, 2016, by and between The City of Santa Ana, a Municipal Corporation ( "Landlord "), and GREYHOUND LINES, INC., a California Corporation (Referred to as "Greyhound" or "Tenant "). by reference: EXHIBITS: The following exhibits are attached hereto and incorporated herein Exhibit "A" The Premises Exhibit "B" Additional Lease Conditions 2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms, covenants anal subject to the conditions set forth herein, a portion of the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional Transportation Center (SARTC). Specifically, Tenant will be leasing the portion identified as Suite 105, consisting of approximately 580 square feet of interior office space, for the purpose of selling tickets to patrons in order to utilize the Greyhound Transit Services (hereinafter referred to as the "PREMISES "). The PREMISES are more particularly described in Exhibit "A ". Pending architectural assessment, the Landlord reserves the right to reconfigure the lease space or relocate the Tenant within SARTC by providing Tenant with a 60 -day notice of such reconfiguration or relocation. 3. COMMENCEMENT OF TERM: The term of this Lease (the "Term ") shall be for a period of three (3) years, which shall commence on December 1, 2016 (the "Effective Date ") and end on November 30, 2019, unless sooner terminated or extended as provided herein. Tenant acknowledges that a condition precedent to occupancy of the Premises is the following: Greyhound shall provide the Landlord with documentation listing for each and every bus providing services at the SARTC: (1) registered owner; (2) VIN number; (3) license plate number; (4) USDOT number; (5) proof of authorization from the Federal Motor Carrier Safety Administration ( "FMCSA "); (6) proof of insurance; and (7) an annual list of all 'licensed drivers who may operate the buses, provided. that Greyhound may utilize drivers not identified on the list in case of unavailability so long as all substitute drivers have all applicable licenses and qualifications. In the event such information is the subject of a request under the California Public Records Act, Landlord will refrain from disclosing personal contact or other information that may beprivate, but only to the extent permissible under the Act and its interpreting authorities. Additionally, Tenant shall ensure that use of the Bus Bays made available to Tenant under separate License shall be by clearly marked buses identifying the Greyhound company name and USDOT number. Tenant agrees that it will provide the Landlord with a list of buses that will use Bus Bay #5 and #6 as a precondition for use of the Bus Bays. Any additional buses must be approved by the Landlord prior to beginning Exhibit 2 25G -13 service. The use of any non - approved bus at the SARTC is a breach of this Agreement and will result in immediate termination of this Lease. 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit "B ". These additional lease condition are a material part of this lease agreement and any default of these conditions will be deemed a major breach and will subject this lease to immediate termination. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Tenn for two (2) separate consecutive additional periods of one (1) year each on the same terms and conditions as set forth in this Lease. Tenant must notify Landlord in writing of its intention to extend the lease for an additional year, at least sixty (60) days prior to the expiration of the then current Term. Each option shall be agreed to in writing by the City Manager, on behalf of the Landlord prior to the expiration of the Term or any Extension Period then in effect. If Tenant does not exercise its option to extend as provided herein, Tenant will be deemed a holdover Tenant and subject to paragraph 7 of this lease, and this lease shall be construed as a tenancy from month to month subject to all terns of this Lease. 6. RENT: (a) Tenant shall pay to Landlord, as rent ( "Rent'), throughout the Term, the monthly sum of Three Thousand One Hundred and Seventy Eight Dollars ($3,178.00) in advance, on the 1st day of each calendar month and continuing through the life of the Term. However, payment for the first partial month shall be prorated at $105.93 per day. The Rent includes a charge for Common Area Operating Expenses and shall be subject to a CFI adjustment for the most current period (for All Urban Consumers) annually on the anniversary of the Effective Date during the terns hereof. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of Santa Ana M -13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE OF TEN PERCENT (10 %) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE 10Tr' OF THE MONTH. 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the Rent shall be increased to 150% of the Rent. applicable immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month on all terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. E 25G -14 COMMON AREA OPERATING EXPENSES: (a) "Common Area Operating Expenses" are defined, for purposes of this Lease, as all costs incurred by Landlord relating to the ownership and operation of SARTC, including, but not limited to, the operation, repair and maintenance, in neat, clean, good order and condition, and if necessary the replacement, of the following: The Common Areas and Common Area improvements, including parking areas, loading and unloading areas, trash areas, roadways, parkways, walkways, driveways, landscaped areas, bumpers, irrigation systems, Common Area lighting facilities, fences and gates, elevators, roofs, exterior walls of the buildings, building systems and roof drainage systems. ii. Exterior signs and any tenant directories. iii. Any fire sprinkler systems, iv. All other areas and improvements that are within the exterior boundaries of SARTC but outside of the space occupied by a tenant. V. The cost of pest control services, property management, security services, the cost to repaint the exterior of any strictures and the cost of any environmental inspections. vi. Reserves set aside for maintenance, repair and /or replacement of Common Area improvements and equipment. (b) Any Common Area Operating Expenses that are specifically and exclusively attributable to a specific Unit /tenant in SARTC or to the operation, repair, and maintenance thereof, shall be allocated entirely to such Unit or tenant. However, any Common Area Operating Expenses and that are not specifically attributable to a Unit or tenant shall be equitably allocated by Landlord to all units /tenants in the SARTC on a pro rata basis based on the square footage of each rmit/tenant. 9. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to Tenant that Landlord has fee simple title to the Premises and has the full right and lawful authority to make this Lease, Notwithstanding anything contained herein to the contrary, if there are any liens, security interests, restrictions, leases, encumbrances, eneroacharents, laws, ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as 25G -15 Tenant is not in monetary default hereunder, Tenant shall have quiet and peaceful possession and enjoyment of the Premises, all improvements located thereon and of all easements, rights and appurtenances thereunto belonging. 10. DELIVER' OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or expiration of this Lease in good condition excepting, however, ordinary wear and tear, damage by fire or any other casualty, or damage from any other cause unless such other cause is solely attributable to the gross negligence of Tenant. 11, ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the Premises or any part thereof without the prior written consent of Landlord, 12. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Tenant agrees to keep the Premises in good repair, including the plumbing, electrical wiring, air - conditioning and heating equipment. Subject to Landlord approval, Tenant may make and shall pay for any renovations, alterations and improvements to the Premises as Tenant deems desirable and Tenant agrees that all such alterations and improvements shall be made in a good and workmanlike manner and in such fashion as not to diminish the value of the building, and that no such alterations shall compromise the structural integrity of the Premises. All improvements, additions, alterations, and major repairs shall be in accordance with applicable laws and at Tenant's own expense. Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major repairs. It shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials fim- fished, or operations conducted on the Premises at the request of Tenant. On surrendering possession of the Premises to Landlord at the expiration or sooner termination of this Lease or any Extension Period, Tenant shall not be required to restore the same to the condition existing at the commencement of the Term and Landlord agrees to accept the Premises with all alterations and improvements made by Tenant. Tenant may paint the interior of the Premises and may also paint, erect or authorize the installation of "temporary signs" in accordance with a signage plan that is pre - approved by the Landlord. Landlord shall not install or maintain, or permit anyone other than Tenant to install or maintain, any signs on any part of the Premises or within the air space above [he Premises during the Tenn or any Extension Period of this Lease. 13. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural improvements and alterations to comply with all applicable laws, rules, regulations and ordinances of any and all applicable govermnental entities (the "Governmental Laws ") applying to the physical condition of the premises arising from Tenant's conduct of business. 14. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon thirty (30) days' request by the other (but not to exceed more than three (3) times in any given calendar year), execute, acknowledge and deliver a statement, dated currently, certifying 25G -16 that this Lease is unmodified and in full, force and effect (or, if there have been modifications, that this Lease is in full effect as modified, and identifying such modifications) and the dates to which the Rent and Additional Rent have been paid, and that no default exists in the observance of this Lease and no event of default has occurred and is continuing, or specifying each such default or event of default of which Landlord or Tenant may have knowledge, it being intended that any such statement may be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord or Tenant in their respective premises described herein. 15, LIABILITY INSURANCE: (a) Throughout the Term or any Extension Period, Tenant shall maintain commercial general liability insurance for injury to person (including death) or damage to property occurring within the building arising out of the use and occupancy thereof by Tenant, its licensees, employees, invitees, agents and customers. 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 $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions, After the Commencement Date, and thereafter upon written request of Landlord, Tenant shall deliver to Landlord a certificate of such insurance naming Landlord as an additional insured. 16. DAMAGE BY CASUALTY: (a) If the Premises is damaged or destroyed by fire, the elements, subsidence of sublateral or subjacent support or other casualty, Tenant shall (i) within (30) days begin repairs and (ii) restore the damaged or destroyed improvements to its condition just prior to the damage, within ninety (90) days, or Tenant may cancel and terminate this Lease. If this Lease is terminated as provided in this Section, Tenant shall be responsible for 180 days of rental payments and Tenant agrees to turn over to Landlord all applicable insurance proceeds received as compensation for damages to the Premises to the extent of actual cost of restoration. (b) If Tenant is not actually open for business during all or any part of the period ( "Restoration Period ") from the date of such damage or destruction as aforesaid until the date the Premises is restored in accordance with the terms of this Lease, all Rent or other sums payable hereunder shall abate for such period as Tenant is not open for business. If Tenant is open for business during the Restoration Period, the Rent and other sums payable hereunder shall abate in proportion to the usable space; provided, however; that if Tenant does not proceed diligently with restoration of the Demised Premises, all Rent and other sums payable hereunder shall not abate. (c) Tenant agrees to keep in effect on the Premises and to provide Landlord proof of fire insurance with extended coverage endorsement on the improvements to the Premises of the full replacement value of the buildings and improvements thereon. 25G -17 (d) If any such damage or destruction shall occur within the last six (6) months of the Term, or any Extension Period, affecting more than fifty percent (50 %) of the replacement value of the improvements located on the Premises, Tenant may terminate this Lease without owing any liability to the Landlord by notice to the Landlord within thirty (30) days after the date of such damage or destruction, in which case Tenant agrees to turn over to Landlord all applicable insurance proceeds received as compensation for damages to the Premises to the extent of actual cost of restoration. If this Lease is terminated, as provided in this Section, both parties shall be relieved of any further liabilities hereunder except for obligations accrued at the date of such damage or destruction, and any sums prepaid by Tenant shall be apportioned and appropriately refunded to Tenant. 17. EMINENT DOMAIN: (a) If (i) all or part of the Premises, the building located thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated under any right of eminent domain or under any other legal right whereby the taking authority is obligated to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of Tenant for the operation of its business then Tenant may terminate and cancel this Lease without owing any liability to Landlord as of the date on which the condemning authority takes physical possession upon giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant fall details of such taking or appropriation, including, without limitation copies of all condemnation plans or surveys submitted by the condemning authority, a statement of the nature of the project to be conducted by the condemning authority, and such other information as might be necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY OF THE PROVISIONS OF THIS LEASE SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. (b) If this Lease shall be terminated and canceled as a result of any taking or appropriation, Tenant shall be released from any further liability and Rent and other sums for the last month of Tenant's occupancy shall be prorated and Landlord shall immediately refinrd to Tenant any sums paid in advance. (c) Tenant reserves unto itself the right to prosecute Tenant's claim for an award for damages for the termination of this Lease caused by such appropriation or taking, together with damages based on the value of Tenant's improvements and Tenant's fixtures and other personal property erected or installed on the Premises and damages Tenant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such appropriation or taking, and Tenant may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages caused by such taking or appropriation. Tenant's right to receive compensation or damages for its fixtures or its personal property shall not be affected in any manner by this Lease. 25G -18 Is. LIENS: Tenant shall promptly remove and discharge, at its cost and cxpense, all mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Premises by or for Tenant. 19. PARKING AREA: (a) All those portions of the SARTC which are not presently occupied by buildings and which are designated parking spaces shall be available for use by Tenant and Tenant's agents, employees, customers and invitees for parking and access to the public streets and highways (the "Parking Area "). Tenant acknowledges that the Landlord is in the process of evaluating a paid parking program and all tenants will be required to comply with the parking program, if approved. 20. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due, Landlord shall forward written notice, pursuant to Section 22, of such default to Tenant, and the failure of Tenant to cure such default within three (3) days after the date of receipt of such notice shall, at the option of Landlord, cause the termination of this Lease. (b) If Tenant shall default in the performance of any other terms or provisions of this Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 22, of such default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such notice, Landlord at its option, shall cause the termination of this Lease immediately. 21. HAZARDOUS SUBSTANCES: (a) As used herein, the tern "Hazardous Substances" shall mean, without limitation, any substance that is biologically or chemically active or any hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead - based paint, asbestos or petroleum derivative substances), or material defined as such in (or for purposes of) (i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act, as amended, (iii) the Re50nree Conservation and Recovery Act, (iv) any of the so- called state or local "Super Fund ", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any such substances or materials or any amendments or successor statutes with respect to any of the foregoing. (b) During the Term of this Lease, Tenant represents and warrants that, except for items commonly sold or utilized in Tenant's business, no Hazardous Substances will be stored on the Premises and no Hazardous Substances will be discharged on the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any termination of this Lease, and Tenant agrees to indemnify and hold harmless Landlord from any and all costs, expenses, claims and damages, including, but not limited to, attorneys' fees and costs of remediation, arising from Tenant's breach of any of the representations and warranties contained in this Section. (c) Fuithennore, Landlord represents and warrants to Tenant that Landlord has no actual or constructive knowledge of: (1) the presence of any Hazardous Substances on, under or 25G -19 within the Premises; (2) any spills, releases, discharges or disposals of Hazardous Substances that have occurred or are presently occurring on or onto the Premises; (3) any spills or disposal of Hazardous Substances that have occurred or are occurring adjacent to the Premises as a result of any construction on or operation and use of the Premises or adjacent property; (4) any failure to comply with all applicable local, state and federal environmental laws, regulations, ordinances, and administrative and judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport and disposal of any Hazardous Substances on the Premises or adjacent property; or (5) the presence of any underground storage tanks, monitoring wells, water wells or septic tanks now or in the past on the Premises. 22. NOTICE: All notices or demands required or permitted to be given or served pursuant to this Lease shall be deemed to have been given or served only if in writing, postage and/or delivery fees pre -paid and shall be sent by U.S.P.S. Certified Mail, Return Receipt Requested or via an overnight (or 2 -day) delivery service maintaining a record of delivery (e.g. FedEx or UPS), which notices and demands shall be deemed served when delivered (or when delivery is first attempted and refused), and which notices and demands shall be forwarded to the following addresses: TO TENANT: TO CITY: Greyhound Lines, Inc, Public Works Agency 350 N. Saint Paul Street City of Santa Ana Dallas, TX 75201 20 Civic Center Plaza (M -21) Santa Ana, California 92701 Attention: Executive Director of Public Works Agency AND City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 Fax: (714) 647-6515 Such addresses may be changed from time to time by either party by serving notice as above provided. 23. USE: For the purposes of this Lease, Tenant's proposed initial intended use of the Premises strictly for the purpose of selling tickets to patrons in order to utilize the Greyhound Transit Services. 24. GENERAL PROVISIONS: (a) This Lease (and the documents referred to herein) constitutes the entire agreernent between the parties pertaining to the lease of Suite 105 contained herein and supersedes any and 25G -20 all prior and contemporaneous agreements, representations and understandings, oral or otherwise, between or among the parties with respect to the matters contained herein. (b) This Lease shall be binding upon, and more to the benefit of, the parties hereto and their respective heirs, legatees, distributes, legal representatives, successors and assigns, (c) This Lease shall not be modified, amended or supplemented, in whole or part, without the prior written consent of all parties hereto. Each and every waiver of any covenant, representation, warranty or any other provision hereof must be in writing and signed by each party whose interests are adversely affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver applicable in any other instance. (d) If any legal action or other proceeding is brought for the enforcement hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof, the successful or prevailing party or parties shall be entitled to recover attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. (e) The parties hereby agree that each party and its attorneys have reviewed and revised this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved against the drafting party, shall not be employed in the interpretation of this Lease and no other, rule of strict construction shall be used against any party, All exhibits and schedules attached or to be attached hereto, and all other agreements and instruments referred to herein, are hereby incorporated herein by reference, as fully as if copied herein verbatim. (f) This Lease shall be governed by the internal laws of the State of California without regard to and excluding its principles of conflicts of laws. (g) The parties further agree that upon request, they shall do such fiirther acts and deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out the intent and purposes of this Lease. (h) Unless the context in which used clearly requires another construction, throughout this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the neuter gender shall include the masculine or both, and the singular of terms shall include the plural and vice versa. The section headings are for convenience only and shall not affect the construction hereof. (i) If any one or more of the provisions hereof shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity or enforceability of any other provision hereof, which shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The parties intend that if any provision hereof is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 25G -21 0) Time is of the essence in the performance of each party's respective obligations. (k) This Lease may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same instrument, and it shall not be necessary that any single counterpart bear the signatures of all parties, (1) Unless expressly stated to be exclusive, no remedy conferred herein shall be deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter available at law or equity, All remedies conferred herein, and all remedies now or hereafter available at law or equity, shall be deemed to be cr nulative and not alternative, and may be enforced concurrently or successively. (in) All provisions of this Lease shall be construed as covenants and agreements where used in each separate provision hereof and shall bind and inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors and assigns. (n) All periods of time shall include Saturdays, Sundays and legal holidays; provided that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, then such act or notice shall be timely performed if given on the next succeeding business day. (o) Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, and no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. (p) THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY, ARISING FROM OR RELATING TO THE SUBJECT MATTER HEREOF, THE PARTIES HERETO WAIVE ANY RIGHT TO ANY PUNITIVE DAMAGES, AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO SUCH DAMAGES, 25. LANDLORD'S REPRESENTATIONS: Landlord hereby covenants, warrants and represents to Tenant that; (a) Landlord has the sole right, legal power and authority to enter into this Lease. (b) All required actions have been taken and satisfied by Landlord to authorize the execution and performance of this Lease. No other proceedings or actions on the part of Landlord are necessary to authorize this Lease or to carry out the transactions contemplated hereby, This Agreement constitutes the legal, valid and binding obligation of Landlord enforceable against Landlord in accordance with its terms. (c) The individual(s) executing this Lease, on behalf of Landlord, has (or have) the full right, legal power and actual authority to bind Landlord to the teens and conditions hereof. JO 25G -22 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: ItU. Jose 64ndoval v Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager GREYHOUND LINES, INC. Title: Tax ID # 11 25G -23 EXHIBIT A THE PREMISES SARTC -- Suite 105 EXHIBIT A (Premises) SCALE: L9t =1'C� 25G -24 EXHIBIT B ADDITIONAL LEASE CONDITIONS + Tenant will provide best in class local /regional transportation services to SARTC patrons + Tenant, at its expense, shall comply with all applicable federal, state and local laws, ordinances, regulations, rules and orders with respect to the use of any permitted areas. • Tenant shall maintain all vehicles in neat, clean, mechanically sound and painted condition at all times • Tenant shall adhere to a transit schedule and provide on -time pick -up and drop off to SARTC patrons + Tenant shall maintain all proper registration for their vehicles AND shall maintain all proper insurance for their vehicles + Tenant must meet or exceed all governmental requirements regarding the inspection and maintenance of their vehicles and provide monthly log + Tenant shall have a strong financial background with a multi -year successful operating history and the resources to pay any fees promptly and in fall + Tenant shall adhere to all rules and regulations regarding the flow of bus /shuttle traffic at SARTC • Tenant shall work with SARTC management to ensure all safety protocols are strictly adhered to + Tenant shall work with SARTC management to manage ridership during peak and high volume hours * Tenant shall employ best in class drivers with all proper credentials necessary to operate a bus /shuttle • Tenant shall employee the appropriate security protocols to operate for the public good within a facility of the scale and prominence of SARTC All buses accessing SARTC must be clearly identified with Tenant business name and DOT number + Provide, if any, information regarding online ticket purchase capabilities for patrons • Tenant most notify the City as soon as the FMCSA classifies high alert statuses of any reason 13 25G -25 25G -26 FY 2016/17 REVISED REVENUE SARTC Operations Rental — Greyhound Lines Inc. Account No. 06717002 -53810 Revised Revenue Current Agreement -5 mos. @ $6,597.50 New Agreements — 7 mos. @ $8,178.00 Budgeted Revenue Budget Shortfall Exhibit 3 25G -27 $32,987.50 $57,246.00 $90,233.50 $94,800.00 <$ 4,566.50> 25G -28 - 0 ` b CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: FIRST AMENDMENT TO AGREEMENT WITH NAPHCARE, INC. FOR INMATE MEDICAL SERVICES (STRATEGIC PLAN NO. 1, 3A) CITY MANAG ; CLERK OF COUNCIL USE ONLY: l=. 14 ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the first amendment to the agreement with Naphcare, Inc., to include a three percent cost of living adjustment in the amount of $58,219 for the final year of the three -year term, for a new total agreement amount of $6,030,112, subject to non - substantive changes approved by the City Manager and City Attorney, DISCUSSION On May 29, 2014, the Police Department issued a request for proposals (RFP #14 -034) for inmate medical services. On October 1, 2014, the Police Department entered into a three -year agreement with Naphcare, Inc. to provide these services. In June 2015, Naphcare requested a cost of living adjustment for year two of the agreement. Due to the low inmate population and drop in contract housing revenue, the Police Department did not recommend approval of the increase. In April 2016, Naphcare again approached the Police Department to request a three percent cost of living adjustment for the final year of the agreement, October 1, 2016 through September 30, 2017. Naphcare has continued to provide excellent medical services to Jail inmates. Naphcare has also helped ensure that the Jail facility remains in compliance during various audits and inspections performed by county, state and federal agencies responsible for evaluating medical care standards within jail facilities. The proposed three percent cost of living adjustment will increase the annual base agreement amount by $58,219, bringing the base line from $1,940,631 to $1,998,850. A $50,000 annual contingency will be added for services not included in the base agreement, including but not limited to: x -rays, dentures, and OB /GYN exams. The total amount for the third year of this agreement will not exceed $2,048,850. The total three -year agreement amount will not exceed $6,030,112. In 2017, staff will be issuing a new Request for Proposals for these services. 25H -1 Agreement Amendment with Naphcare, Inc. for Medical Services November 15, 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 for the third year of this agreement are available and will be appropriated in the Jail Operations contract services account (no. 01114475 62300) for the following fiscal years: FY 2016 -17 $1,524,138 FY 2017 -18 $ 524,712 Total $2,048,850 APPROVED AS TO FUNDS AND ACCOUNT: Carlos Rojas Francisco Gutierrez Chief of Police Executive Director Santa Ana Police Department Finance and Management Services Agency 25H -2 FIRST AMENDMENT TO AGREEMENT FOR PROVISION OF INMATE MEDICAL SERVICES THIS FIRST AMENDMENT to the above- referenced agreement is entered into November 15, 2016 by and between NaphCare, Inc., an Alabama Corporation, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The parties entered into Agreement ##A- 2014 -205 dated October 1, 2014 ( "Agreement "), by which Consultant agreed to provide basic and emergency inmate medical care. B. The agreement provides for a potential compensation increase in years two and three upon mutual agreement of the parties pursuant to the terms of section 4 of the agreement. City believes that Consultant has provided consistent and dependable services without a compensation increase in year two and that a small increase would be appropriate for the third year of the agreement given the general increase of medical services costs. C. The City desires to add a $50,000 contingency to the agreement for services not included in the base agreement such as x -rays, dentures, ophthalmology, emergency psychiatric crisis services and OB /GYN examinations. Now, therefore, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 4, Compensation, is amended to add the following: Year Three Pricing for Inmate Medical Services: $1,998,850.00 Monthly pricing for Year Three: $ 166,570.83 Monthly per diem for ADP exceeding 440: $ 1.25 A $50,000.00 contingency will be added to address those special medical services not included in the base agreement (x -rays, dentures, OB /GYN services, ophthalmology, and emergency psychiatric crisis services) to be used at the City's sole discretion. The total agreement amount for years one -three will not exceed $6,030,112.00. 2. 'Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. Exhibit 1 25H -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST: MARIA D. IIUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALI-IO City Attorney By:J� n Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Chief of Police 25H -4 CITY OF SANTA ANA DAVID CAVAZOS City Manager NAPHCARE, INC By: James S. M ane Chief Executive Officer .. 0 • MIMI • CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: AMENDMENT TO AGREEMENT WITH WKE, INC., FOR ENGINEERING CONSULTING SERVICES FOR THE FAIRVIEW STREET BRIDGE (PROJECT NO. 156827) (STRATEGIC PLAN NO. 6, 1G) III _.r � %�� , •� CITY rr:AEL� \R CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to amend the consultant agreement with WKE, Inc., and extend the term by 36 months for a new expiration date of December 1, 2019, with no changes to compensation, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Fairview Street is a north -south transportation corridor designated as a major arterial highway in the City's Circulation Element of the General Plan. Currently the bridge on Fairview Street over the Santa Ana River (Exhibit 1) is two lanes in each direction with no sidewalks or bike facilities. On December 2, 2014, the City entered into an agreement with WKE, Inc., to provide engineering services to rehabilitate the Fairview Street Bridge. The scope of the original agreement with WKE, Inc., was to rehabilitate the bridge and add sidewalks for pedestrian safety, and also to assist in exploring the possibility of securing additional grant funding to replace the bridge instead of rehabilitating it. Since then, City staff and WKE, Inc., have been successful in applying for a grant from the Caltrans Highway Bridge Replacement and Rehabilitation (HBRR) program. The revised project scope replaces the two -lane bridge with a wider three -lane bridge, adding a raised median, bike lanes, raised sidewalks, and barrier rails. The City is awaiting notification that funds have been awarded and programmed for project construction. Council action to approve the additional grant funding will be requested upon Caltrans' final funding programming, which is anticipated by spring 2017. The new bridge project requires revisions to technical documents that must address the added scope and compliance with updated federal requirements of the HBRR program. The consultant agreement with WKE, Inc., will expire on December 1, 2016, before the design of the new bridge can be completed. The amendment (Exhibit 2) will extend the agreement for 36 months to allow WKE, Inc., to provide design, environmental analysis, and construction support for the 251 -1 Amendment to the Agreement with WKE, Inc. November 15, 2016 Page 2 replacement of the bridge on Fairview Street and associated improvements. The amended agreement will expire on December 1, 2019. 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 There are no changes to the City's financial obligation as a result of this amendment at this time. To date, a balance of $484,043 remains in the contract. The anticipated expenditure of these remaining funds is as follows: Fr d Mousavipour Executive Director Public Works Agency FM /EWG /JG /ML Exhibits: 1. Location Map 2. Amendment $484,043 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 251 -2 Anticipated Account No. Fiscal Year Amount 05917660 -66220 2016 -17 $ 80,000 05917663 -66220 2017 -18 $ 50,000 05917660 -66220 2017 -18 $250,000 05917660 -66220 2018 -19 $104,043 Fr d Mousavipour Executive Director Public Works Agency FM /EWG /JG /ML Exhibits: 1. Location Map 2. Amendment $484,043 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 251 -2 'N (NTS) LEGEND: L` i 17TH STREET — PPi]dECT LOCATION EXHIBIT 1 SANTA ANA TITLE; `^ CITY COUNCIL AMENDMENT TO AGREEMENT WITH WKE INC., V,vi A AGENDA DATE: FAIRVIEW STREET BRIDG REHABLITIATION �� NOV. 15, 2o16 (PROJECT NO. 15-6827 NONGENERAL FUND) PUBLIC WORKS AGENCY (Strategic Plan No. 6, 1, G) PAGE 1 OF 1 251 -3 251 -4 THIS FIRST AMENDMENT to the above - referenced agreement is entered into on November 15, 2016 by and between WKE, Inc., a California corporation ( "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS A. The parties entered into Agreement ##A- 2014;348, dated December 2, 2014 ( "Agreement "), by which Consultant agreed to provide professional engineering design services for the City's planned improvements to the Fairview Street Bodge. &. The term of the Agreement is from December 2, 2014 through December 1, 2016, and the Agreement remains in effect. C. The parties have worked together to secure grant funding for the project and now wish to amend the Agreement to extend its tern for an additional 3 -year period to allow for the completion of the project. The Parties therefore agree: Section 3, Term, is amended to extend the term of the Agreement for an additional 3 -year period, from December 2, 2016 through December 1, 20I9. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIAR. CARVALHO City Attorney sy �JO .FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL Fred Mousavipour, Executive Director Public Works Agency Exhibit 2 251 -5 CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Name: Title; 251 -6 4MURM CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: APPROVE PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS, PHASE3A (PROJ. NO. 136792, NON - GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MANA R CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 13t Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a purchase agreement with Tenant - Seller Rodolfo C. Lamas DBA Rey Income Tax, for tenant interest in the property located at 1111 North Bristol Street, Suite L (APN 405 - 274 -10), for the full purchase price of said tenant - interest and goodwill (if any) in the amount of $33,585, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Bristol Street is a north -south transportation corridor designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. The City is acquiring properties for the development of Phase 3A bounded by Civic Center Drive and Washington Avenue. Property acquisitions for this phase are expected to be completed by spring 2017 and construction is anticipated to begin in summer 2017. The acquisition of the tenant - interest in 1111 North Bristol Street, Suite L, (Exhibit 1) is necessary to accommodate the improvements and widening for Phase 3A. The City Council approved the purchase agreement for 1111 North Bristol Street, Suite L, on August 16, 2016. Rey Income Tax, tenant of Suite L, agreed to quitclaim all of their tenancy interest including loss of goodwill for the purchase price of $33,585. The purchase price was determined based on the appraised values prepared by a State - licensed appraiser, and the offer was accepted by the tenant - seller. The purchase price for the acquisition listed above is shown in the corresponding agreement (Exhibit 2). 25J -1 Purchase Agreement for Bristol Street Improvements Phase 3A November 15, 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $33,585 are available in the Bristol Street Improvements Project (No. 136792) in the Select Street Construction Fund (Account No. 05917661 - 66100) for expenditure in FY 2016/2017, subject to nonsubstantive changes. l Fre Mous vipour Executive Director Public Works Agency FM /EWG /ML Exhibits: 1. Location Map 2. Agreement for APN 405 - 274 -10 APPROVED AS TO FUNDS & ACCOUNTS: 5�- � :;�, r INA Francisco Gutierrez Executive Director Finance & Management Services Agency 25J -2 (ITS ) MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET i S*C 9ll61 H- W W F CA J H- — m O-,IIH JF CT FHO P L 1411 E$ - dAHIRED PM)I "FiRT IE:I CIVIC CENTER DR. WASHINGTON AVENUE EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA AMA TITLE PURCHASE AGREEMENT FOR CITY COUNCIL P W A AGENDA DATE PHASE I L3Ar( (PROJECT IMPROVEMENTS NO. 36792 NOV. 15, 2016 NONGENERAL FUND) °a"° W RK, °""`" (Strategic Plan No. 6, 1, G; and 3, 2, C1 25J -3 PAGE 1OF1 25J -4 SELL AND SALVAGE Project: Bristol Street Imuro_vement Project — Phase 3A A PN: 405- 274 -10 Tenant - Seller: Rodolfo C. Lamas dba Rey income Tax AGREEMENT FOR ACQUISITION OF TENANT - SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ( "Agreement ") is entered into as of this 3alo day of EJC f og ~_-o 2016, by and between THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ( "Buyer "), and RODOLFO C LAMAS DBA REY INCOME TAX ( "Tenant - Seller ") for the acquisition by Buyer of certain interests in real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT. "tenant- Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant - Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively " Conveyed Improvements ") located in, on, or affixed in any manner to the premises known and numbered as 1111 N. Bristol Street Suite L Santa Ana, California ( "Premises ") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ( "Property "), and (b) any tenancy interest of Tenant - Seller ( "Tenancy Interest ") in and to the Premises and the Property. The Conveyed Improvements are a part of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit B. Tenant - Seller may retain, salvage and remove from Premises those improvements described in Exhibit C attached hereto ( "Retained Improvements "). The conveyed Improvements and the Retained Improvements are collectively referred to as the "Improvements." 2, PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum o£: THIRTY THREE THOUSAND FIVE HUNDRED EIGHTY - FIVE AND NO /100 DOLLARS ($33,585.00) ( "Purchase Price ") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $3,610.00 Less the Salvage Value of the Retained Improvements as shown on Exhibit C $25.00 Loss of Business Goodwill $30,000.00 TO'T'AL AMOUNT PAYABLE THROUGH THIS AGREEMENT $33,585.00 Exhibit 2 25J -5 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant - Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit D in favor of Buyer ( "Quitclaim Deed "), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy Interest. 4. Tenant - Seller will vacate the property by September 30, 201b. 5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also convey from Tenant - Seller to Buyer all of Tenant- Seller's interest in and to the Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant - Seller's vacation of the Premises and proof of clear title to all said Improvements having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 7. CERTIFICATION OF OWNERSHIP. Tenant - Seller hereby warrants and certifies under penalty of perjury that Tenant - Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant- Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that the Tenant - Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 8. PERMISSION TO ENTER PREMISES. Tenant - Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of making necessary inspections. 9. BULK SALE. In order to establish proof of clear title to the improvements, Buyer may publish it Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and /or a report from the Secretary of State's Office as to filings of security interests covering the Improvements. 10. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold all amount otherwise payable to Tenant - Seller as is reasonably necessary,, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total funds to be withheld from Tenant - Seller do not exceed the net amount to be paid to Tenant - Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withheld funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant - Seller. A general creditor's claim shall not be deemed to be a claim against any specific item of Improvements and Tenant - Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Temmt- Seller is entitled to payment under this 2 25J -6 transaction for the Improvements. It sliall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements. 11, DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously fled an action to condemn the Tenancy Interest and /or Tenant - Seller's interest in the Improvements, Tenant- Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which might arise out of the fling of such action, whether or not such claim is specifically identified herein. Tenant- Seller hereby authorizes Buyer to withdraw and make payable to Buyer any funds deposited with the Court in any such eminent domain action. 12. CLOSING; PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant - Seller, subject to the following adjustments: A. Pay and charge Tenant - Seller for any and all current and /or delinquent taxes and any penalties and interest thereon, and for any delinquent or non- delinquent assessments or bonds against the Improvements and the Tenancy Interest. B. Pay and charge Tenant - Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs 4 and 9 of this Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant - Seller. 13. FULL AND COMPLETE SETTLEMENT. Tenant- Seller hereby acknowledges that the compensation paid to Tenant- Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the Property and the Tenancy Interest and any dislocation of Tenant - Seller from the Premises, specifically including, but not limited to the value of the Improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in 'inverse condemnation and for pre- condemnation damages, and any and all claims for loss of business goodwill, and any and all other claims that Tenant - Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property, the Improvements and the Tenancy Interest, and the loss of business goodwill (but excluding relocation benefits to which Tenant - Seller may be entitled). Tenant - Seller hereby disclaims any right, title or interest in or to the Premises, Tenant - Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releases "), hereby release the other party, and its Releases, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Property, the hnprovements and the Tenancy Interest. Additionally, Tenant - Seller hereby expressly and unconditionally waives any claims (known or unknown) including loss of goodwill, severance damages, statutory interest, claims for inverse oondemnation or unreasonable pre - condemnation conduct, or any other compensation, damages or benefits, arising from the acquisition of the Premises that Tenant - Seller may have against Buyer, its officials, representatives, and attorneys. 25J -7 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SEC'T'ION 1542. Tenant - Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Tenant - Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant - Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code §1542, or under any statute or common law or equitable principle of similar effect. Tenant - Seller: RC I_ 15. CONTINGENCY, Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant - Seller with respect to the Tenancy Interest and the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16. AGREEMENT TO EXECUTE, Tenant - Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the full and complete settlement and purchase of the Improvements and the Tenancy Interest. 17. AUTHORIZATION TO EXECUTE. Tenant - Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant - Seller and Buyer respectively, 18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant - Seller and Buyer and shall never be treated as an admission by Buyer for any purpose of liability or as to value of any property or claim. 19, SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 20. WARRANTIES. REPRESENTATIONS AND COVENANTS OF TENANT - SELLER, Tenant - Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Tenant- Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency. 25J -8 B. Until the Closing, Tenant - Seller shall maintain the Improvements and the Premises in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Improvements and the Premises. C, Until the Closing, Tenant - Seller shall not do anything which would impair Tenant- Seller's title to the Premises, the Improvements or the Tenancy Interest. D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant - Seller's knowledge, all such items are in good working order, E. To the best of Tenant - Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Tenant - Seller, the Premises, the Improvements or the Tenancy Interest may be subject. F. Until the Closing, Tenant - Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 21. HAZARDOUS WASTE, Neither Tenant - Seller nor, to the best of Tenant - Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property or the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Tenant - Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from the Premises. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous Waste" under §25115, §251 t7 or §25122.7, or listed pursuant to §25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under §25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under §25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under §25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51,317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seq. (42 U,S.C. 56903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the 5 25J -9 Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901, et seq. (42 U.S.C. 56901). 22, COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant - Seller's knowledge, the Premises and its use complies with all applicable laws and governmental regulations including, without Iimitation, all applicable 'federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations and ordinances of the city within which the subject Property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency and all applicable federal, state and local agencies and bureaus. 23. INDEMNITY. Tenant - Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such materials to or from, the Premises, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Premises. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death, tangible or intangible property damage, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment. This indemnity extends only to acts or omissions of Tenant- Seller herein. 24. ATTORNEYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs, 25. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document, 26. BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 27, ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement. N WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. 25J -10 Mailing Address of Tenant - Seller Tenant - Seller PO BOX 61501 Rodolfo C. Lamas c ba Rey Income Tax Irvine, CA 92602 (- l Mailing Address of Buyer Buyer 20 Civic Center Plaza, M -30 TI4E CITY OF SANTA ANA Santa Ana, California 92701 By: David Cavazos City Manager Attest: By: Maria D. Huizar City Clerk Approved as to Form: Jo Sandoval ChteFAssistai C:ty Attorney Date: for S,-1 err Recommended for Approval: By: Fred Mousavipour Executive Director - Public Works Agency VA 25J -11 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All that certain real property situated in the County of Orange, State of California, described as follows: Parcel 1 of Parcel Map No. 87 -340, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 237 Panes 48, 49 and 50 of Parcel Maps, records of Orange County, California. Assessor's Parrel Number: 405- 2%4 -10 25J -12 EXHIBIT B IMPROVEMENTS PERTAINING TO THE REALTY REY INCOME TAX IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DKI'E OF VALUE - MAY 2., 2016 Fair Market Item Value in No. Qty. Description Place 2 Exterior overhead floodlights, dual ]reads, fluorescent, mounted on 3' metal polo, electrical 2 1 Neon tube window border light, 55"x 80 11, electrical 3 1 Lot of commercial floor carpeting, nylon, 4" robber base coning 4 1 Lot of interior wall paint and d6cor, textured 5 1 Vinyl window sign, 41x 61, printed graphic d6cor, "Notary Public/ Rapid Refund ", with logo 6 1 Vinyl door sign, 34" x 74 ", mesh, printed letters, "R-,y Income Tax Services/ etc." TOTAL IMPROVEMENTS PERTAINING TO THE REAL'T'Y 25J -13 $1,100 300 1,150 540 240 280 EXHIBIT C DESCRIPTION OF THE RETAINED IMPROVEMENTS RrY INCOME TAX fairMarkct Forced Item Value In Liquidation No. Qty, Description Mace Woo I Neon tube window border light, 55" x 80 ", electrical 300 25 TOTAL RETAINED IMPROVEMENTS PERTAINING TO THE REALTY 25J -14 $25 EXI11BIT D RWORDING REQUESTED BY: THE CITY OF SANTA ANA AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Exempt from Recording Fee Exempt from Documentary Transfer Tax NIU M IRTA 11 County Assessor's Parcel Number: 405 - 274 -10 (1111 N. Bristol, Suite L, Santa Ana, CA) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RODOLFO C. LAMAS DBA REY INCOME TAX Do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as all right title and interest in and to the following described real property in Exhibit °1" including any and all leasehold Interest, title and interest in and to the improvements pertaining to the realty which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit "2 ", list of Improvements Pertaining to the Realty, (fixtures and equipment), attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above, including all Improvements Pertaining to the Realty, against all demands and claims of all persons. SEE EXHIBIT "1" & "2" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as of this day of nv T , 2016. M 25J -15 Date: Oa :Q'a L2QI(, CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 ofd� On C� �J: J before me, �— are inv,0 name ant ItOe o(Inn oTj personally appeared who proved to me on the basis of satisfactory evidence to be the person—(,6) whose name( Is/ r subscribed to the within instrument and acknowledged to me that ( e AP executed the same in his /her /their authorized capacity((es"), and that by CIS their signature(sl on the instrument the person(5y), or the entity upon behalf of which the person(s) acted, executed the instrument. rtify under PP`C ALTY OF PERJURY under the laws of the State of California that foregoing paragraph is true and correct. NESS my h no and official al. p MA OUO2osoMA r` • It NOTARY PUBLIC - CAUFORNIA@I ORANGE COUNTY 0 r COMM. EXPIRES OCT. 3, 2018 -+ ry Public Signat ---- --`"-"- .,_ — (Notary Public Seal) Mu 1MM,M OF THE ATTACHED DOCUMENT IT ill or description of a(dached document) (Title or descriphen of altnched document continued) of Pages __ Document Date..-.__._ __ CAPACITY CLAIMED BY THE SIGNER Individual (s) 0 Corporate Officer (Title) 0 Partner(s) 0 Attorney -in -Fact 0 Trustee(s) Outer INSTRUCTIONS FOR COMPLETING THIS FORM Th0 ivan cnnrp(irts wi(h torrent CnliJnrnla .rfanrtnetegarding rminry trawling and, iJnacded, should ha rouQ�lated earl attached to the tlnaunsen /. dclnlow(edgntertls fi•mn other stoles may he ennytfatadJm douumanGS hcing sear to shot strrlu.ro inrsq as the wording does not require the Col polnin nmmy to violate Cal/fbrnla noltn y Intr. • State and County inforntntioll must be the State and County where the document signet(s) personally appeared before the nouaypublic rot acknowledgment. • Date of notarization must be the (lute that the signcr(S) personally appeared Which must also be the sane date the acknowledgment is completed. • Tile notary public oust print his or her inane as ii npFIMS within his or her cotnnrissien followed by a comma and then you title (notary public). • Print the name(s) of document signct(s) who personally appear at the tines of nounimtion. • redieatC the correct singular or ptutd forms by crossing off iocu'rcct firms (i.c. be /sduhheyr is Ace ) or circling lw correct t'arms. Failure to curcctly indicate this information nlay lead to rejection of document recording. • 'file nanny seal impression must be clear and photographically reproducible. Impression must not cover teal or lines 11' seal impression snwdges, ro -set if a sill l iciest area permits, otherwise complete a different acknowledgment tin'ia • Signature efthe nutaiy puhlic mast nhatch the signature on lie wide the oFice of the county clerk. Additional Imfomnnion is not required but could help W ensarc this aclaloo- lodgment is col misused or attached to a diflclent document. Indicate title or type ornttached document, number oFpages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securtly attach this document to the signed documem With a staple. 25J -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 16, 2016 TITLE: PURCHASE AGREEMENTS FOR REAL PROPERTY ACQUISITIONS FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741, NON - GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ® As Amended ® Ordinance on 1" Reading © Ordinance on 2nd Reading ® Implementing Resolution El Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute Purchase Agreements for the real property acquisitions, temporary construction easements, and goodwill (if any) with property owners listed below, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Acquisition Amount known as / location Type 1 Ismael L. Cardona and 1241 West Carlton Place Partial $2,150 Raquel Cardona (APN 015- 232 -11) 2 Andrew Gonzalez and 1241 West Glenwood Place Partial $2,050 Carolina Gonzalez (APN 015 - 233 -11) 3 Narciso A. Rivera and Rosa 1305 West Saint Anne Place Partial $10,400 Elvira Landaverde (APN 408 - 335 -17) DISCUSSION Bristol Street is a north -south transportation corridor, which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and adding bike lanes. The City is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2017 and construction is anticipated to begin in summer 2017. 25K -1 Purchase Agreements for Real Property Acquisition Bristol Street Improvements Phase 4 November 15, 2016 Page 2 The property acquisitions are necessary to accommodate the improvements and widening for Phase 4 (Exhibit 1). Purchase offers were determined based on appraised value prepared by a California State licensed appraiser and was accepted by the property owners. Compensation amounts are listed above and shown in the attached agreements (Exhibit 2 and 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement /Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $14,600 are available in the Bristol Street Improvements Project (No. 116741) for expenditure in FY 2016 -2017: $7,300 in the Select Street Construction Fund (Account No. 05917661 - 66100), and $7,300 in the Measure M2 Street Construction Fund (Account No. 03217663- 66100), subject to nonsubstantive changes. (VA , k-- - Fr d Mousavipour Executive Director Public Works Agency FM /EWG /JG /ML APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25K -2 Purchase Agreements for Real Property Acquisition Bristol Street Improvements Phase 4 November 15, 2016 Page 3 Exhibits: 1. Location Map 2. Agreement for APN 015 - 232 -11 3. Agreement for APN 015 -233 -11 4. Agreement for APN 408 - 335 -17 25K -3 25K -4 MATCHLINE SEE BELOW RIGHT I r r i I I 14R &336 -tt I , 1 ST GERTRUDE PL I 1498.471.01, ._.-- -- .._�.. —_.� I 408.471 -17 I K4-Z i 408471 -06 i IW LU Cn O rr in ,�'�I I I I I I I 1013-0Yd.49F------ NMN F --I ��w 1 oao , R1sae4.za1: 015-194.24 - - - - -� 016 - 194.29, I Oi 6.19x38; ai5- 194.aa� b15.19 198 28: 'Ri $.18439 ' WARNER AVENUE ,x99:1rl*1 - ',"NECT PROPEP1 "Y - ACOIILSED PREPEPTG9 SANTA ANA Piry CRY COUNCIL V V AGENDA DATE: NOVEMBER 15, 2016 PUBLIC WCRKS ACENOY 1 i I I I I I i7 ST ANDREW PL 4 I I I I M I I I CARL TON PL I I I I I I I GLENWOOD PL I I 1 t..fi..' r i 0—F .. T- ..T_.. 0.1.__1..1..._ CAMDEN PL -T--Z---7 r'�. -� �ST ANNE PL N I I I - To _ T' - --r Im i I i — - MATCHLINE SEE TOP LEFT EXHIBIT 1 PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 1, G and 3, 2, C) 25K -5 PAGE 1 OF 1 y I I I I W t1.1 I I I J o� , r ✓.., r j 1 j I ryl I I I CAMDEN PL -T--Z---7 r'�. -� �ST ANNE PL N I I I - To _ T' - --r Im i I i — - MATCHLINE SEE TOP LEFT EXHIBIT 1 PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 1, G and 3, 2, C) 25K -5 PAGE 1 OF 1 25K -6 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on , 201 6, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and ISMAEL L. CARDONA, an Individual and RAQUEL CARDONA, and individual, collectively (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and In consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provislors of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1241 W. Carlton Place, Santa Ana, CA 92707) (APN 015 -232 -11) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller,. Seller agrees to convey said real property to City, by Grant Dead, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seiler agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whothor monetary or non - monetary, general or specific, Including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and Including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title herelnabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance, Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place herelnabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, In the amount of One Thousand, Six Hundred Ten and no /100 Dollars ($1,610.00) Insuring the title of the City to sald real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non- monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the Exhibit 2 25K -7 fallure of Seller to convey title or to provide title Insurance as required in this Agreement 4, Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow Is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at Its option, request cancellation of escrow and this Agreement and return of any funds It has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate, If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby Is empowered to act under this Agreement, and upon Indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out Its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent Is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cast of title insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City, Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement Is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, If any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California, Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City Is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, the total sum of Two Thousand One Hundred Fifty and no /100 Dollars ($2,150.00). City agrees to deposit said purchase price In escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent Is hereby authorized to pay the same to Seller upon and after: 25K -8 (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as herelnabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. S. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /365 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement Is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to held City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns,_ Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and In all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seiler acknowledges and agrees that said purchase price is just compensation at fair market value for said real property. 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ( "severance damages "); precondemnation damages; claims for inverse condemnation; loss or impairment 25K -9 of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer'a efforts to acquire the Property through Its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, Its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seiler, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow. 14. Notices. The mailing address of the City of Santa Ana Is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller Is 1241 W. Carlton Place, Santa Ana, CA 92707. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. it Is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all Issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seiler shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (1) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (11) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 5,8 (Carpenter- Presiey- Tanner Hazardous Substance Account Act), (111) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 67 (Underground Storage of Hazardous Substances), (v) 25K -10 petroleum, (vi) asbestos, (0) polychlorinated biphenyls, (vlll) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (Ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et sect. (42 U.S.C. 56903) or (xl) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 91 sect, (42 U,S,C. S9601). 18. Compliance With Environmental Laws, To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to all- and water quality, hazardous waste, waste disposal, and other environmental matters, Including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to Indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, flea, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (1) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, In or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This Indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This Indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow, 20. Contingencv. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity, Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but ail the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed In accordance with the laws of the State of California. 25K -11 25, No Reliance By One Party,,,On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof, The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26, No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further, Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost, 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall Inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. 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 PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any Injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or Is withdrawn. X Incorporation of Exhibits, All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25K -12 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. SELLER: ISMAEL L. CARDONA, an individual and RAQUEL CARDONA, an individual Ismael L. Cardona, an individual Raquel ,'ardona, an individual CITY OF SANTA ANA: City /Buyer David Cavazos City Manager ATTEST: Maria D. Huizar City Clerk APPROVED AS TO FORM: i 4 — J n M, Funk ssistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency Date: _ / 2016 Date: z�/% " 11— , 2016 Date: 2016 Date: 2016 Date: 0('+. 11 , 2016 Date: —__ 2016 25K -13 EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES — AP No. 015 -232 -11 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 20 OF TRACT NO. 1378, PER MAP RECORDED IN BOOR 41, PAGE 28 OF MISCELLANEOUS MAPS, IN TIIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING SOUTHWESTERLY OF"CHE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT, SAID POINT LYING DISTANT THEREON SOUTH 880 10 "21" EAST, 11.61 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF SAID LOT; THENCE, NORTH 43 012'04" WEST, 16.42 FEET TO A POINT IN SAID WEST LINE, SAID POINT LYING DISTANT THEREON NORTH 1046'14", 11.61 FEET FROM SAID INTERSECTION. CONTAINING AN AREA OF 46 SQUARE FEET, MORE OR LESS, ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. LAND THIS DESCRIPTION HAS BEEN PREPARED BY ME ON Mthony , Cuomo SEPTEMBER 22, 2015 ANTHONY C. CUOMO, PLS 6042 n �, , , No, Q OF 25K -14 EXHIBIT "B" (First American) GENERAL_ ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which Instruments referred to herein are tiled for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title Insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these Instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys Involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you In connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed In one or more counterparts, each of which Independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25K -15 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY Of SANTA ANA PER GOVERNMENT CODE SECTION 6103, SPACE ABOVE THIS LINE FOR RECORDER' S USE CANCEL APPKOVEDASTO APPROVED BY DPSC'RIPrION DESUKION A, 11 IVW%IAP PROIKI TARES FORNMATPY, I rcRECIoR WNTTEN EY CaECKED.aK. NUMBER 01:5- 2 }2 -II NUMBEK NUh1aER A 1741 W. Cau hii Place, Santa Ana, CA 92707 DECIY NUh1aER GRANTDEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ISMAEL L. CARDONA and RAQUEL CARDONA, husband and wife as joint tenants Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 1241 W. Carlton Place, Santa Ana, CA 92707 described as follows: SEE EXHIBITS "A" AND "A -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated: A"— J` 2Us 6 By: '/ G e s ✓ra Ismael L. Cardona, an individual By: I 1 a-qY ''at`r +.. C r r5W& Raqu I�Cardona, an individual 25K -16 EXHIBIT `A' LEGAL DESCRIPTION FOR RIGI4T OF WAY PURPOSES — AP No. 015 - 23241 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 20 OF TRAC °I' NO. 1378, PER MAP RECORDED IN BOOK 41, PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT, SAID POINT LYING DISTANT THEREON SOUTH 88'10'21" EAST, 11.61 FEET FROM TIM INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE; OF SAID LOT; THENCE, NORTH 43 01.2'04" WEST, 16.42 FEET TO A POINT IN SAID WEST LINE, SAID POINT LYING DIS'T'ANT THEREON NORTH 1046'14", 11.61 FEET FROM SAID INTERSECTION. CONTAINING AN AREA OF 46 SQUARE FEET, MORE OR LESS, AL•L AS SHOWN ON EXHIBIT `B', ATTACHED HF,RETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY, THIS DESCRIPTION HAS BEEN PREPARED BY ME ON SEPTEMBER 22, 2015 ANT'HON'Y C. CUOMO, PLS 6042 25K -17 EXHIBIT `A -1' N J 1 �'LJl `JE ,00'9[1 3 „bS,9b,[ON c, II t. 3 O CD Cl U co Z ,OE z J + Q C7 U �o 0 7 ^- �d M3aCNb 1S 01 .OS '262 3,.b[,9tr "TON h3AWS IS -loisiNd r 1 N 1 N00 25K -18 S U 7 h 1N H� �Z� H` Zol M >9z CL >W CL w rK U U �;IL o >} WWW OZZZ L¢ z n F L re u n o 04 m1 W �J Lin Z T WZ 0 6 U n ¢d N Q N � o N 2 W N N n ¢ z O N ,�i dWNv n =m a z 4 dZ 'Q rc n b4. GnW z Z �WwF o" a b N O O ACKNOWLEDGMENT 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 ORANGE On 1/03/2016 _before me, Jesus Ortiz, Notarv______�____ _ (Insetl name and title of the officer) personally appeared— ISMAEL L. CARDONA Name of Signor ( I ) Name of Signer (7) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) i are subscribed to the within instrument and acknowledged to me that hc/sh ne xec rteii the same in his /her Pit- authorized capacity(ies), and that by his/her/ nei • �ignatrne(s) on the instrument the persons , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (nititurcof Notary hgbll - -- 25K -19 JA` JCSUS O— RTtZ w d COMM . #2141801 v Notary Publlo - Callfornla m LOS ANGELES COUNTY ?� M COMM, Ex ,,Fab. 9, 2020 (Seal) 25K -20 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on 2 016, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and ANDREW R GONZALEZ, JR., an individual and CAROLINA P. GONZALEZ, an individual, collectively (hereinafter "Seller'), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1241 W. Glenwood Place, Santa Ana, CA 92707) (APN: 015- 233 -11) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller, Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of ONE THOUSAND, SIX HUNDRED TEN and noI100 Dollars ($1,610.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title Insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow Instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no Such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow, The Escrow Agent hereby is empowered to act under this Agreement, and upon Indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and Incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240, The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid In accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, In no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, the total sum of TWO THOUSAND AND FIFTY and no /100 Dollars ($2,050.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after; 25K -22 (a) Conveyance of said real property by Seiler to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City, 7. Possession, Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 9. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month/365-day year consistent with that statement, subject to approval of City, Seller hereby agrees riot to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow, in return, the City agrees to reimburse seller lost rentals Incurred by keeping units vacant through the close of escrow, Seller agrees that any and all Tenant Security Deposits pertalning to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no eral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. '10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In ail matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property. 11 Acknowledgment of Full Benefits and Release. A, By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ( "severance damages "); precondemnation damages; claims for inverse condemnation; loss or impairment 25K -23 of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263,025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through Its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (Including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. _ This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow. 14, Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California, The mailing address of the Seller is 1241 W. Glenwood Pi., Santa Ana, CA 92707. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16, Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17, Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property, 'rho term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which Is (1) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 251227, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (11) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) 25K -24 petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.G. 56901 at M. (42 U,S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42, U,S.C, 59601 at sue, (42 U,S,C S9601), 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations Including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (Including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall Include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (Including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This Indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20, Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalid Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings In this PSA, including the title of this PSA, are for convenience only and are not to be considered In construing this PSA. 24. Governing Law, This PSA shall be governed by and construed in accordance with the laws of the State of California. 25K -25 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary, This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be chat-gad) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. 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 PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25K -26 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. SELL R: Date: , 2016 KNDTZEWA F. GONZALEZ, JR., an individual fsbf A CAROLINA P. GONZAL &R-Il dividual CITY OF SANTA ANA: City /Buyer David Cavazos City Manager ATTEST: Maria D. Huizar City Clerk APPROVED AS TO FORM: Jo64 Sandoval Chief Assistant Citf ott rney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency Date: ti / g_[ 6!'2016 Date: '2016 Date: 2016 Date: 6C+. 0 2016 Date: 12016 25K -27 EXHIBIT `A' LEGAL, I?ESCRIPTION FOR RIG11T OF WAY PURPOSES — AP No. 015 - 233 -11. IN THE. CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT I OF TRACT NO. 1380, PER MAP RECORDED IN BOOK 61, PAGE 34 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID :PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT, SAID POINT LYING DISTANT THEREON SOUTH 88 °10'21" EAST, 11.62 FEET FROM THE:INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF SAID LOT; THENCE, NORTH 43 °12'04" WEST, 16.42 FEET TO A POINT IN SAID WEST LINE, SAID POINT LYING DISTANT THEREON NORTH 1'46'14" EAST, 11.62 FEET FROM SAID INTERSECTION. CONTAINING AN AREA OF 46 SQUARE FEET, MORE OR LESS, ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT'TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENT'S OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON (Ant�Mny a�NOSEPT EMBER 22, 2015ANTHONY C, CUOMO, PLS 6042 p Cuomo No. 42 wa 25K -28 EXHIBIT "B" (First American) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts, The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these Instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, Including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligktions imposed upon you in this escrow, If for any realon funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10,00 per month. Time is declared to be the essence of these Instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The sailer agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof, These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction, 25K -29 When recorded, please mail this instrument and tax statements to: Clerk of the Council Cite of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103, SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL APPROVED AS TO APPROVED BY WICRIPTtON DESCRIPTION A. P, RIW MAP PROJEC9' TAXC >3 FORM BY A9TY. DIRECTOR WRITTEN BY CEECKED -O. K. NTJMEER 015- 2:i3 -11 NUMBER NUMBER X 1241 W. Glenwood Place, SanR¢I Ana, GA 42707 pp J nEEn NUMBER ,r 47 Tfifi]W�E FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ANDREW F. GONZALEZ, JR., A SINGLE MAN AND CAROLINA P. GONZALEZ, A WIDOW, AS JOINT TENANTS (WHO ACQUIRED TITLE AS ANDREW F. GONZALEZ, JR. AND CAROLINA P. GONZALEZ) Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 1241 W. Glenwood Place, Santa Ana, CA 92707 described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE_ MADE A PART HEREOF; Dated_ O c / f° By: - ANDREW F. GONZALEZ, JR., an individual Dated 0 2 O(� By, _ CAROLINA P. GONZALEZ, an individual 25K -30 EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WAY PUI2.POSES — AP No. 015- 233 -:11 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT I OF TRACT NO. 1380, PER MAP RECORDED IN BOOI{ 61, PAGE 34 OF MISCELLANEOUS MAPS, IN THE OFFICE; OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT, SAID POINT LYING DISTANT THEREON SOUTH 88 °10'21" EAST, 11.62 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF SAID LOT; THENCE, NORTH 43 012'04" WEST, 16.42 FEET TO A POINT IN SAID WEST LINE, SAID POINT LYING DISTANT THEREON NORTH 1 046'14" EAST. 11.62 FEET FROM SAID INTERSECTION. CONTAINING AN AREA OF 46 SQUARE FEET, MORE OR LESS, ALI. AS SHOWN ON .EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMEN'T'S OF RECORD, AND RIGHTS OF WAY, IF ANY, THIS DESCRIPTION HAS BEEN VANp S PREPARED BY ME ON (tftho SEPTEMBER 22, 2015 ANIHONY C:. CUOMO, PLS 6042 �;Cnoma Nod 62 OF 25K -31 EXI-IIBIT 'B' N � � I J OE I J W CL Cl) NC, Q ED U ° M N 3 co 0 00 w ��! o co 07 z ,Z9 't I ,00 'SI I -I,t T ,9b <TON v I -- -�d N013dV0 01 ,Cl '062 3,bI ,9b<iON - - - - - - :�il- � . T- u° 1S IC]1SZ'cJS a �6 oj cu 3j '1SN00 I 25K -32 s WO: F^ WWZ 0H JL > W Fdo yp a I¢W((� S- U U)y�� 3:J J 06 O'3: m (n� MiZ p.. d O 6 i w 0 N ACKNOWLEDGMENT A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this ecttificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County ofQ' — — - - -� On,9 O eg 0/b before me, �6St9L 0g7 / /Z.. (hxsert name and tide of the officer) personally Name Name of Siguer (2) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is are subscribed to the within instrument and acknowledged to me that he /she�y xecuted the same in his /her/ cir uthorized capacity(ies), and that by his /hcr zeir ignaturc(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Siguature of . otary Pole 25K -33 JESUSS ©RTI a COMM. #2141901 r Notary pub9C - Calitomhl LOS M ANGELES COUNTY b. 9 2026 r (Seal) 25K -34 THIS AGREEMENT (hereinafter "PSA "), entered into on 2 01 6, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and NARCISO A. RIVERA, an individual, and ROSA ELVIRA LANDAVERDE, an individual, collectively (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A!'— Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1305 W. Saint Anne Place, Santa Ana, CA 92707) (APN: 408 - 335 -17) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Convevance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Nine Thousand, Six Hundred Twenty - Three and no /100 Dollars ($9,623.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non- monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by Exhibit 4 25K -35 reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B " attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. S. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property and temporary occupancy, for the total sum of Ten Thousand, Four Hundred and no /100 Dollars ($10,400.00). The sum of Nine Thousand, Nineteen and no /100 Dollars ($9,019.00), is compensation for the certain real property and improvements as shown in Exhibit W. The sum of One Thousand, Three Hundred Eighty -One 25K -36 and no /100 Dollars ($1,381.00), is compensation for the temporary occupancy of the property, which shall have a duration of 18 months, and is described and shown as attachment (Exhibits "C and "D ") to the Temporary Construction Easement deed. City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /365 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the'subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, Successors and assigns of the respective Parties hereto. 11, Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property. 13. Acknowledgment of Full Benefits and Release, 25K -37 A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ( "severance damages "); precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow 14. Notices, The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 1305 W. Saint Anne Place, Santa Ara, CA 92707. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17, Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (1) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety 25K -38 Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 18. _Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to Indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (1) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 25K -39 22. Partial Invalidity_. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force, 23. Cautions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 26. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. 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 PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City In the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25K -40 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. SELLER: _ Date: 7) 2016 NA C SO A. RIVERA, an individual Date: =�L'_ q0 (" 16 ROSA -EL LANDAVEIRDE, an individual CITY OF SANTA ANA: City /Buyer Date: 2016 David Cavazos City Manager ATTEST: Date: 2016 Maria D. Huizar City Clerk APPROVED AS TO FORM: Date: 2016 Joe Sandoval Chief Assistant Uty Attorney RECOMMENDED FOR APPROVAL: Date: 2016 Fred Mousavipour Executive Director Public Works Agency 25K -41 EXUIBIT 'A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES — AP No. 408- 335 -17 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 20 OF TRACT NO.2209, PER MAP RECORDED IN BOOK 64, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING A THE INTERSECTION OF ST. ANNE PLACE AND BRISTOL STREET, AS SAID INTERSECTION IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF ST. ANNE PLACE, NORTH 880 13'46 "WEST, 159.86 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1046'14" EAST, 30.00 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 20, SAID POINT BEING ON A NON - TANGENT CURVE, CONCAVE NORTHWES"T"ERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE OF SAID CURVE RUNNING THROUGH SAID POINT HAVING A BEARING OF SOUTH 20 021'47" EAST, SAID POINT ALSO BEING, THE TRUE 'POINT OF BEGINNING; THENCE, NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9 005'55" TO A POINT OF REVERSE CURVATURE.,, SAID REVERSE CURVE BEING CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43,00 FEET; THENCE., EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 181.97 FEET THROUGH A CENTRAL ANGLE OF 242"27'52" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9 005'55" TO A POINT IN THE NORTH LINE OF LOT 17 OF SAID TRACT, SAID POINT BEING THE TERMINUS OF THE LINE BEING DESCRIBED HEREIN. 25K -42 CONTAINING AN AREA OF 274 SQUARE FILET, MORE OR LESS, ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY, THIS DESCRIPTION HAS BEEN PREPARED BY ME ON �SEPTEMBER 24, 2015 ANTHONY C. CUO:MO, PLS 6042 t Q,i 25K -43 EXHIBIT "B" (First American) GENERAL, ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, Is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow Instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25K -44 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa flea 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER COVi?RNMENT CODE SECTION 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL 9AXGS Y APPROVED AS F0 FORM BY AITY. APPROVED BY DIRECT0I2 DESCRIPTION Vi'Rl9 "[EN EY DESCRIPTION CHECKED -0.K. A. I'. NUMBER 408..335 -17 NW MAP NUMBER PROJECT NUMBER 1305 W. Saint Ame Place, Santa Ana, CA 92707 DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NARCISO A. RIVERA and ROSA ELVIRA LANDAVERDE, husband and wife as joint tenants Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 1305 W. Saint Anne Place, Santa Ana, CA 92707 described as follows: SEE EXHIBITS `A' AND 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated :04-- 2-4 — By, '`1 ISO A. RIVERA, an individual Dated : _ q,-2 Ll - 7fiv /y l ROSA ELVIRA ividual 25K -45 EXHIBIT 'A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES — AP No. 408- 335 -17 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 20 OF TRACT NO, 2209, PER MAP RECORDED IN BOOK. 64, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION SOUTHERLY OF THE FOLLOWING DESCRIBED LINE; COMMENCING A THE INTERSECTION OF ST. ANNE PLACE AND BRISTOL STREET, AS SAID INTERSECTION IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF ST. ANNE PLACE, NORTH 88 013'46 "WEST, 159.86 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTII 1'46'14" EAST, 30.00 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 20, SAID POINT BEING ON A NON - TANGENT CURVE, CONCAVE NORTHWESTERLY', HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE OF SAID CURVE RUNNING THROUGH SAID POINT HAVING A BEARING OF SOUTH 20 021'47" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9 °05'55" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET; THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 181,97 FEET THROUGH A CENTRAL ANGLE OF 242 027'52" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9 005'55" TO A POINT IN THE NORTH LINE OF LOT 17 OF SAID TRACT, SAID POINT BEING THE TERMINUS OF THE LINE BEING DESCRIBED HEREIN. 25K -46 CONTAINING AN AREA OF 274 SQUARE FEET, MORE OR LESS, ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REF'E'RENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVA'T'IONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON � ptANQ 194 SEPTEMBER 24, 2015 ANTHONY C. CUOMO, PLS 6042 A��ihony�" Cup (. No. Q OF 25K -47 EXI3IBIT 'B' 0 0 0 O 0 O 7 In M CE II II �I 0 �D �o O Q' U� to M V 0 1f7 in CO III u u �n ail O —� N -i N —t 0 —t (U J d V cv 4 a © If u N M -4- U') 0 L) u u v u ° N �7 — — — . — --- _L _i 1S �!Q_LSI�Ig -a2'sa CJ EJ J N13'59' 044E RAD t0 CN 0' I cu 0 Lo 0 U CN C14 U N O h P, R. C. S200 21' 47" E RAD / N H D U * W �r G Q oa ro co F F II 3ubi ,9V -ION !J 25K -48 co CT 0 (1J co F- S 10° 26' 27" E RAD r P. R, C. N234 54' 14" E RAD F^ Fpm �0 WO WZ >3- �6W E4p WWd AMU U)3:a J 9` F'3 p�W� 0! < ®_: IL 6 N 0 i v 6 N ACKNOWLEDGMENT 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 _ C I?Af\/ <vv " On °" before me, /Z ,Ifs , s (Insert name and title of the officer)�� personally Q Name of Signer (2) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is are subscribed to the within instrument and acknowledged to me that he /she ey xecuted the same in his /het he o authorized eapacity(ics), and that by his/he thei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the 'instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUS ORTIZ COMM, #2141901 as WITNESS my hand and official seal, c�'a Los y PublES COUNTY a My Comm. Ex .Feb. 9, 2p20 -- - - (Seal) ignature ofNotary pu k— - 25K -49 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVLRNMFNT COAL SECTION 6103. SPACE. .ABOVE THIS LINE FOR RECORDER'S USE CANCEL. TAXES X APPROVED ASTO FORM BY AM'Y. APPROVED BY UiREC]'OR DESCRIP'T'ION W'RITT'EN By DrSCRIP110M CHECKSD -Ox A. P. NUMBER 408335 -17 R/N MAP NUMBER "R "KT NU'NOCR 1305 W. Saint Amw, Place, Santa Ana, CA 92707 DMO NUMBER FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NARCISO A. RIVERA and ROSA ELVIRA LANDAVERDE, husband and wife as joint tenants ( "GRANTOR "), Do hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, (the GRANTEE, hereinafter referred to as "the CITY "), its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Santa Ana, County of Orange, State of California, which is described on Exhibit 'C' (legal description) and depicted on Exhibit'D' (plat to accompany legal description), which are attached hereto and made a part hereof (the "Property "), upon the terms set forth below. 1. Purpose. This TEMPORARY CONSTRUCTION EASEMENT ( "TCE ") is for the purpose of constructing the Phase 4 of the Bristol Street improvement Project between Warner Avenue and Saint Andrew Place ( "PROJECT "), a public project, and gives the CITY, its successors and assigns, the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, on, over, and under GRANTOR's Property. 2. Term. GRANTOR agrees that the term of the TCE shall be for a period of '18 months, and shall commence when the CITY issues a notice of commencement of construction to GRANTOR. Upon filing of the Notice of Completion of the PROJECT, the rights granted by this instrument shall automatically terminate and be of no further force and effect. 3. Release. For valuable consideration, as set forth in the Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently herewith, GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever release and fully discharge the CITY and each of its predecessors and successors, and all of their officers, directors, members, employees, agents, contractors, assignees, and representatives, from any and all claims, demands, damages, causes of action, costs, and expenses (including, without limitation, experts' and attorneys' fees), that GRANTOR now, or in the future may have, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, present or potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the construction or use of the PROJECT ( "Claim "), including, without limitation, any Claim suffered by reason of the theories of impairment of access, inverse condemnation, property damages, loss of income and /or goodwill, and relocation assistance pursuant to Federal and /or State law and 25K -50 implementing regulations or otherwise. GRANTOR understands and agrees that the release contained herein shall not be deemed or construed as an admission by the CITY of any liability of any kind to GRANTOR. 4. Special Provisions, The Special Provisions attached hereto as Exhibit 'E' if any, are hereby incorporated, and made a part of this Agreement by this reference. In the event of any conflict or inconsistency between this Agreement and the Special Provisions, the terms of the Special Provisions shall prevail. 5. Miscellaneous. It is mutually stipulated and agreed by and between GRANTOR and the CITY hereto that this TCE contains the whole agreement between them as of this date and that any amendments or modifications thereto must be in writing and signed by the parties. The provisions of this TCE shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Executed this day of ;F'�'"7M&k- ,20/6_ NARCISO A. RIVERA and ROSA ELVIRA LANDAVERDE, husband and wife as joint tenants NARMO A RIVERA, an individual ROSA ELVIRA LANDAVERDE, an individual 25K -51 EXHIBIT'C' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES — AP No. 408- 335 -17 BEING A 5.00 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF LOT 20 OF TRACT NO. 2209, PER MAP RECORDED IN BOOI{ 64, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTHERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A THE INTERSECTION OF ST. ANNE PLACE AND BRISTOL STREET, AS SAID INTERSECTION IS SFIOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF ST. ANNE PLACE, NORTH 88 013'46 "WEST, 159.86 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1046'14" EAST, 30.00 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 20, SAID POINT BEING ON A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE OF SAID CURVE RUNNING THROUGH SAID POINT HAVING A BEARING OF SOUTH 20 °21'47" EAST, SAID POINT ALSO BEING THE TRUE, POINT OF BEGINNING; THENCE, NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9 °05'55" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A .RADIUS OF 43.00 FEET; THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 181,97 FEET THROUGH A CENTRAL ANGLE OF 242 °27'52" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9 005'55" TO A POINT IN THE NORTH LINE OF LOT 17 OF SAID TRACT, SAID POINT BEING THE TERMINUS OF THE LINE BEING DESCRIBED HEREIN. THE NORTHERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE EASTERLY IN THE EAST LINE OF SAID LOT 20 AND SOUTHWESTERLY IN TFIE SOUTFI LINE OF SAID LOT 20. Page 1 of 2 25K -52 CONTAINING AN AREA OF 279 SQUARE FEET, MORE OR LESS. ALI, AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN t t1 NO S SFPTEMBER 24, 2015 A ANTHONY C. CUOMO, PLS 6042 (r,,,h q OF Page 2 of 2 25K -53 EXHIBIT V 0 O p 0 0O O 6 ri M Ci CN n V u vm srm n � .� it u n !! '" in _j J �J jnJ N !J C) N N o m m CN d V N U (Li m T In U U u U U l —F 17 1 _ N -L5 �CJ_LST � '1SNO0 25K -54 >� a arc i «- W d`n n taZ 0 —(oz ®0Vrc W go WZit 0 W; 0.0 DZJ0 IL m< FE 3: a m N 0 ! N _ — T i7 rn 00 __ 13 N 13` 59' 04" E RAD d S 10° 26' 27" E RAD Ln N yr G (r O lit O N m <1 C N N cu cn � N d m co / i— R R. C. J R R. C. — _ V" 00 'OE -I` S20° 21' 47" E RAD 3 "ti T ,9b > ION N23° 54' 14"E RAD N �1 25K -54 >� a arc i «- W d`n n taZ 0 —(oz ®0Vrc W go WZit 0 W; 0.0 DZJ0 IL m< FE 3: a m N 0 ! N A. Construction Contract Work to be performed by the CITY It is understood and agreed by and between the parties hereto that the CITY's contractor will: • Either replace in kind or protect in place the site improvements which are within the described TCE area. For example, driveway, landscaping, irrigation system, etc. B. Improvements to be acquired by the CITY It is understood and agreed by and between the parties hereto that payment rendered in the Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions, but is not limited to, payment for the following acquired improvements: • 274 square feet of lawn • 274 square feet of irrigation system • 2 linear feet of brick planter curbing 25K -55 ACKINOWLEDGMENT 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 ,, %t-i P- A1e166 ) On �;24t ; 01b _before me, U-S r'1 � J J6- rA(Zy I (Insert name and title of ilv officer) personally Name of Signer (t) N Agr i nSo , PI vim. Name or Signor (2) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is t re subscribed to the within instrument and acknowledged to me that he/she( he executed the same in his/liet heir authorized capacity(ies), and that by his /her ieir ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. t'ignatt:lre of Notary 1 c 25K -56 q JE gPtTIZ a COM3U M, #2141901 Notery PublIc - Callfornis LOB ANGELES COUNTY .a My Comm Ex ,Feb. 9, 202!1 (Seal) Loll • • CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: DONATION AGREEMENT WITH THE SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS TO SUPPORT SANTA ANA HIGH SCHOOL'S WINTER CONCERT {STRATEGIC PLAN NO. 5,4) CITY MAn GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :5006 a ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the Santa Ana High School Marching Band Boosters for a one -time donation amount of $1,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. The resolution and policy outline 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. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Amezcua recommends appropriating $1,000 to the Santa Ana High School Marching Band Boosters to support Santa Ana High School's Winter Concert that will be held on Wednesday, December 14, 2016, 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). 29A -1 Donation Agreement with the Santa Ana High School Marching Band Boosters November 15, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015- 62300). The $1,000 will be spent from Councilmember Amezcua's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 29A -2 City of Santa Ana Donation Request City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 IN - a I m a - : _11---l- [Victor de los Santos �Title._ Director of Bands -- -- -------- 020 West Walnut Street !city, State, Zip: Santa Ana, CA 9-2-7- 61 [Phone:- (714 -567 4990 [Email: Ivictor. elossantos@sausd.us IF= 1714-567-4998 1 1 i ..... . ......... _ Name: Santa Ana High-school Marching Band Boosters Tax-Exempt Status: is your organization a non-profit or public tax-exempt organization as On Idefined under Section 501(c)(3) of the Internal Revenue Code? ISelect One: Yes ❑ No 1 if No, you will only qualify for a credit for City-related costs for your request (i.e permit fees,I -- ---- — ------ Istaff time, rental rates for facilities or equipment, etc.). Costs for City services v... and .. 95 6002823 Approved, credit may or may not cover full cost of requested City services. Tax ID #: City Services- -credit- E Amount Requested: 1$ ,Direct Payment Amount $ ,Requested: Event Location: Address, City, State, Zip I [ F Description of Event /Purpose: IDate Needed: 1,000 1 1 'Event Date; 1 12/14/16 Mayor/Councilmember: [Amezcua (Event - Time - . .. ... jr 7:-00 pm Santa Ana High School 520 West Walnut Street, Santa Ana, CA, 92701 Santa Ana High School's Winter Concert. The concert is to bring our community to together for an evening full of music performed by the youth of Santa Ana High School. I he community will berietit Trom seeing their own tamely members perform a high .y Benefit: level of music. Instead of bring outside groups, this educate our community about the high leve of music being offered in our public school system. ---- ------ — Signature: Date- 19/13/16 I Return completed form via: I I F Mail: City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Email: donationrequest@santa-ana.org Fax: (714) 647-6954 j Donation Request #: DR - Council Meeting Date: R'Veumce it oa all'ohated npvs Eligibility Met: j YES i NO Approved Amount: City Manager Signature: EXHIBIT 1 Date: 29A-3 Revised 11/16/2015 29A -4 CITY OF SANTA ANA DONATION AGREEMENT WITH THE SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on NOVEMBER 15, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and the SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS, 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 SANTA ANA HIGH SCHOOL'S WINTER CONCERT ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2,2 Public Purpose, The City, by recommendation of COUNCILMEMBER ANGELICA AMEZCUA, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE THE APPRECIATION OF MUSIC AND PROVIDE A WELL - ROUNDED LEARNING EXPERIENCE FOR STUDENTS. 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 a one -time payment of ONE THOUSAND DOLLARS ($1,000) for an event that will be held on Wednesday, December 14, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fttlly 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 through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. Exhibit 2 29A -5 CITY OF SANTA ANA DONA'T'ION AGRIMMENT Page 2 of 3 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the Rinds will be used for a purpose which may cause a significant risk of 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 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 assure 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 Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 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 mid conditions of this Agreement may be altered, modified or amended only by written agreement signed by both 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. 29A -6 CITY OF SANTA ANA DONATION AGRGENIENT Page 3 of 3 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA By: By: — Robert C. Cortez David Cavazos Deputy City Manager City Manager City Manager's Office Attest: By: _ Maria D. Huizar Clerk of the Council Approved as to Form: By: 1 Vin M. Funk Assistant City Attorney SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title 29A -7 29A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: DONATION AGREEMENT WITH THE SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS TO SUPPORT SANTA ANA HIGH SCHOOL'S WINTER CONCERT (STRATEGIC PLAN NO. 5,4) f CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :'•:• _.s, ❑ 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 the Santa Ana High School Marching Band Boosters for a one -time donation amount of $1,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. The resolution and policy outline 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. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Reyna recommends appropriating $1,000 to the Santa Ana High School Marching Band Boosters to support Santa Ana High School's Winter Concert that will be held on Wednesday, December 14, 2016, 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). 29B -1 Donation Agreement with the Santa Ana High School Marching Band Boosters November 15, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015 - 62300). The $1,000 will be spent from Councilmember Reyna's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: 'ZL Ci[dc�cs4� "t Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 29B -2 City Manager's Office - M-31 City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 (9) (714) 647-5200 Name: Victor _ de- lo s Santos (Title; - ----- Director - . - o - f - Ba - i I A - ddre - ss: -------- 1520 - West W a In ut Street !City, State, Zip: (Santa Ana, CA 92701 pl, lEmall: iFax: 714-567-4998 I- Name sara -Ana High School Marching -Band -Boosters - - - - 0 iSelect - - , One 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? I Y" ❑ No If No, you will only qualify for a credit for City-related costs for your request (i. a. permit fees, Y s —a staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if 95 6002823 approved, credit may or may not cover full cost of requested City services. �Tax ID 4. i I ClivY_&;;_ice_1C1ed_ft —_ ­___ - - , I ­­­­­­_ ­­ . ­­­ Amount Requested: Date Needed: MayorlCouncilmember: I ------ - -- ---- - - - -Reyna Dino­ct Payment Amount -------- -- Re $1,000 lEvent Date: 12/14/16 Event Time: 7:00 pm Event Location: Santa Ana High School Address, City, Slate, Zip 520 West Walnut Street, Santa Ana, CA, 92701 Description of Santa Ana High School's Winter Concert. The concert is to bring our community to I together for an evening full of music performed by the youth of Santa Ana High School. Event /Purpose: ITF�e_ co- m—m u-n-i-t-y- will -benefit from — their own family - members perform a high Community Benefit: I level of music. Instead of bring outside groups, this educate our community about Ithe high leve of music being offered in our public school system. lApplicant Signature: i Date: 19/13116 Mail: City Manager's Office -M31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Email: donationrequest@santa-ana.org Fax: (714) 647-6954 29B-3 Revised 11/16/2015 r•- CITY OF SANTA ANA DONATION AGREEMENT WITH THE SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on NOVEMBER 15, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and the SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS, 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 SANTA ANA HIGH SCHOOL'S WINTER CONCERT ( "Community Benefit"), The Parties wish to enter into this Agreement to establish the terms and conditions render which the City will provide ftinding. 2.2 Public Propose, The City, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE THE APPRECIATION OF MUSIC AND PROVIDE A WELL- ROUNDED LEARNING EXPERIENCE FOR STUDENTS. 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 a one -time payment of ONE THOUSAND DOLLARS ($1,000) for an event that will be held on Wednesday, December 14, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit, In executing this Agreement and receiving the funds, Recipient agrees to use the Rinds only for the purpose described and subject to the germs and conditions provided for in this Agreement. Should Recipient fail to use the Rinds 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 through Recipient's full expenditure of the funds. 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 Rinds 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. Exhibit 2 r•- CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the finds will be used for a purpose which may cause a significant risk of 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 City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and vo}Imteers 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 Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses, The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 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 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 execrate, 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 Panty, r•- CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL M CITY OF SANTA ANA ®� By. Robert C. Cortez David Cavazos Deputy City Manager City Manager City Manager's Office Attest: By' — Maria D. Huizar Clerk of the Council Approved as to Form: By: J m M. Funk Assistant City Attorney SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title 29B -7 r•- CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended DONATION TO SUPPORT THE SANTA ❑ Amended ANA SENIOR CENTER ADVISORY El O Ordinance on Reading El Ordinance I Ordinance on tl Reading BOARD'S THANKSGIVING CELEBRATION ❑ Implementing Resolution (STRATEGIC PLAN NO. 5,4) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CIT ANAGER Approve a donation request from the Santa Ana Senior Center Advisory Board for a one -time donation in the amount of $500. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Council Special Event Sponsorship Policy and guidelines for disbursement of discretionary funds. The resolution and policy outline 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. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Mayor Pro Tern Sarmiento recommends appropriating $500 to support the Santa Ana Senior Center Advisory Board's Thanksgiving Celebration that will be held on Friday, November 18, 2016, in response to their donation request (Exhibit 1). Upon approval of the donation request, funds in the amount of $500 will be appropriated to pay for costs associated with their event. 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). 29C -1 Donation to Support the Santa Ana Senior Center Advisory Board's Thanksgiving Celebration November 15, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Special Event Sponsorship Policy are available in the FY 2016- 17 General Non - Departmental account (01105015- 62300). The $500 will be spent from Mayor Pro Tern Sarmiento's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 29C -2 City of Santa Ana Donation Y ra YV mxi'r"` Name: Francine Harris Address: 200 S Sycamore Street, Apt. 305 City, State, Zip: Santa Ana, CA 92701 Email: fjharris49 @gmail.com Name: Santa Ana Senior Center Advisory Board i ax- exempt scams: is your organization a non -prom or public tax - exempt organization as iefined under Section 501(c)(3) of the Internal Revenue Code? 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. City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647 -5200 Title: I Chairperson Phone: (714) 975 -3968 Fax: -... .. _. ....... Select One: F] Yes No If Yes, -... ... _. ....... Tax ID #: ;City Services Credit ',Amount Requested: $ 500 Date Needed: !. 11/18/16 '.Mayor /Councilmember: Sarmiento :. Direct Payment Amount S N/A Event Date: 11/18/16 Event Time: ... 10.`00x171 — 1.30prY1 Requested: '..Event Location: -:. Santa Ana Senior Center, 424 W 3rd Street, Santa Ana, CA 92701 '.Address, City, State, Zip i;. On November 18, 2016, the Santa Ana Senior Center Advisory Board will be collaborating to host the 2016 Thanksgiving Description of '': Celebration and Volunteer Appreciation Day at the Santa Ana Senior Center. The event will include food and music, as well as Event / Purpose: thanks - -a time to give thanks and show appreciation to those who have helped support the community in one way or another. This event will benefit the community by providing an inclusive, safe space for the community to celebrate Thanksgiving Community Benefit: together, while also expressing appreciation to volunteers who have served and supported the community. This event is part of the many different programs and events that are held at the Santa Ana Senior Center. Mail: City Manager's Office -M -31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Date: 11/01/2016 �V �i j :MM7 ,,,I: RL ,I., Email: donationrequest @santa - ana.org Fax: (714) 647-6954 Mn stinrr IDR -a. - Goui;ril Meehng b'igibili Cy lVAA: YES /NO Approved Arrrrio.nrt: Ci: y Mannyor vuptatture'. rate: Revised 11/16/2015 29C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -29 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION, CONDITIONAL USE PERMIT NO. 2016 -30 TO ALLOW AFTER - HOURS OPERATION UNTIL 2:00 A.M. AND CONDITIONAL USE PERMIT NO. 2016 -33 TO ALLOW AN ANCILLARY BANQUET USE AT MAJESTY RESTAURANT LOCATED AT 5015 WEST EDINGER AVENUE, UNIT V - ANDY QUACH, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MANAGEIV RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _W•c• 6 CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -29, Conditional Use Permit No. 2016 -30 as conditioned and Conditional Use Permit No. 2016 -33 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on October 10, 2016, by a vote of 4:0 (Alderete, Gartner, Verino absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -29 which approved the sale of alcoholic beverages for on- premise consumption, Conditional Use Permit No. 2016 -30 as conditioned to allow after -hours operation until 2:00 a.m., and Conditional Use Permit No. 2016 -33 as conditioned to allow an ancillary banquet use at Majesty Restaurant at 5015 West Edinger Avenue, Unit V located in the Community Commercial (C -1) zoning district. The Planning Commission amended three conditions of approval limiting the distance sound can be audible from the premises, restricting the hours of availability of the rear parking lot, and limiting the hours the rear doors can be open as outlined in the attached staff report (Exhibit A). DISCUSSION The applicant is requesting a Conditional Use Permit (CUP) to allow the expansion of the existing on- premise beer, wine and distilled spirits license for the Majesty Restaurant at 5015 West Edinger Avenue, Unit V into the adjacent Unit Z. The applicant is also requesting a CUP to allow the after - hours operation of the facility, until 2:00 a.m., seven days a week and a CUP to operate an ancillary banquet use and allow the facility to be available for rent. The restaurant is a full service, sit -down 31A-1 As Recommended © As Amended E] Ordinance on I" Reading © Ordinance on 2nd Reading ® Implementing Resolution ® Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -29, Conditional Use Permit No. 2016 -30 as conditioned and Conditional Use Permit No. 2016 -33 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on October 10, 2016, by a vote of 4:0 (Alderete, Gartner, Verino absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -29 which approved the sale of alcoholic beverages for on- premise consumption, Conditional Use Permit No. 2016 -30 as conditioned to allow after -hours operation until 2:00 a.m., and Conditional Use Permit No. 2016 -33 as conditioned to allow an ancillary banquet use at Majesty Restaurant at 5015 West Edinger Avenue, Unit V located in the Community Commercial (C -1) zoning district. The Planning Commission amended three conditions of approval limiting the distance sound can be audible from the premises, restricting the hours of availability of the rear parking lot, and limiting the hours the rear doors can be open as outlined in the attached staff report (Exhibit A). DISCUSSION The applicant is requesting a Conditional Use Permit (CUP) to allow the expansion of the existing on- premise beer, wine and distilled spirits license for the Majesty Restaurant at 5015 West Edinger Avenue, Unit V into the adjacent Unit Z. The applicant is also requesting a CUP to allow the after - hours operation of the facility, until 2:00 a.m., seven days a week and a CUP to operate an ancillary banquet use and allow the facility to be available for rent. The restaurant is a full service, sit -down 31A-1 CUP Nos. 2016 -29, 2016 -30 & 2016 -33 — Majesty Restaurant Alcoholic Beverages, After -Hours & Banquet Use at 5015 West Edinger Avenue, Unit V November 15, 2016 Page 2 sit -down eating establishment that will be 11,551- square -feet in size and will hold approximately 400 seats. 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). FISCAL IMPACT There is no fiscal impact associated with this action. assan Haghan', AICP Executive Dire tor, Planning & Building Agency VF:rb Vf /reports /CUP/CUP10- 29 &30 &33 Majesty Restaurant.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2016 TITLE: PUBLIC HEARING — FILED BY ANDY QUACH FOR CONDITIONAL USE PERMIT NO. 2016-29 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION, CONDITIONAL USE PERMIT NO. 2016-30 TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2016 -33 TO ALLOW AN ANCILLARY BANQUET USE AT MAJESTY RESTAURANT LOCATED AT 5015 WEST EDINGER AVENUE, UNIT V (STRATEGIC PLAN NO. 3,2) Prepared by Vince Fregoso - - -_ � 21 2curilrector PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public, Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Manager 1. Adopt a resolution approving Conditional Use Permit No. 2016 -29. 2. Adopt a resolution approving Conditional Use Permit No. 2016 -30 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2016 -33 as conditioned. Request of Applicant Andy Quach, representing Majesty Restaurant, is requesting approval of three conditional use permits (CUP) for the Majesty Restaurant. Specifically, the applicant is requesting a CUP to allow the on- premise sale of alcoholic beverages at a full - service eating establishment located at 5015 West Edinger Avenue, Unit V. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Additionally, the applicant is requesting approval of a separate conditional use permit that would allow the restaurant to operate until 2:00 a.m. Eating establishments open anytime between the hours of 12:00 a.m. and 5:00 a.m. and located within 150 feet of residentially zoned or used property require approval of a CUP pursuant to Section 41 -365.5 of the SAMC. Finally, the applicant is requesting approval of a third conditional use permit to allow a banquet use ancillary to the primary eating establishment use. Banquet facilities as an ancillary use are subject to development and operational standards set forth in Section 41 -199.1 of the SAMC. EXHIBIT A 31A-3 CUP Nos. 2016-29, 2016 -90 & 2016-33 October 10, 2016 Page 2 Proiect Location and Site Description Majesty Restaurant is in the process of making tenant improvements to combine existing units and create a new restaurant space within the Valley Shopping Center, a 5.7 -acre, multi - tenant commercial center that is located at the northeast corner of Euclid Street and Edinger Avenue. The center contains approximately 81,287 square feet of office, retail, and eating establishment uses and has 391 parking spaces for the site. A 12,500 square retail and restaurant building that is located at the southwest section of the site was included In the overall center square footage but is not governed by the City since it is located within the City of Fountain Valley, The General Plan land use designation for the project site is General Commercial (GC), which allows for important neighborhood facilities and services. The General Commercial designation provides accessible commercial development along the City's arterials as well as support facilities and services, Including offices, restaurants and various other services. The project is consistent with this General Plan land use designation. The site is located within the Community Commercial (C -1) zoning district. The C -1 zoning district allows for commercial and service uses, making the proposed use consistent with the zoning designation. Surrounding land uses include single - family residential uses to the north and east; single - family residential and the Mile Square Park to the south; and commercial, single - family, and multi- family development to the west (Exhibits 1, 2 and 3). Project Description Majesty Restaurant is requesting approval of a CUP to allow an Alcoholic Beverage Control (ABC) license for the on- premise sale of beer, wine and distilled spirits from the existing location of the restaurant at 5015 West Edinger Avenue, Unit V into the expanded space at 5015 West Edinger Avenue, Unit Z. 'Pursuant to Section 41 -196 of the SAMC, restaurants that wish to sell alcohol require approval of a CUP; however, the use of the property as a restaurant is permitted by right. The restaurant is a full service, sit -down eating establishment that will be 11,551- square -feet in size and will hold approximately 400 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. Alcohol storage and display areas, located near and inside of the kitchen, will consist of less than five percent of the floor area (Exhibits 4 and 5). The hours of operation for the restaurant are proposed to be from 10:00 a,m. to 2;00 a.m. Monday through Sunday. Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within 150 feet of residentially zoned or used property require approval of a separate CUP. 31A-4 CUP Nos. 2016 -29, 2016 -30 & 2016 -33 October 10, 2016 Page 3 In addition to operations as a full service eating establishment, Majesty Restaurant is requesting to operate an ancillary banquet use. As a banquet facility, Majesty Restaurant would allow the facility or a portion of the facility to be available for rent. This banquet use would be ancillary to the primary restaurant use. Banquet facilities as an ancillary use are permitted in the Community Commercial zoning district subject to the issuance of a CUP. Project Background The subject multi- tenant commercial center contains multiple neighborhood - serving businesses, The tenant space has been operating as an eating establishment since the previous restaurant at this unit, Emerald Bay Restaurant, began operating on December 18, 1996. Emerald Bay Restaurant was a full- service restaurant that provided alcoholic beverages to customers via approval of CUP No. 1997 -06. Majesty Restaurant is a full - service Vietnamese restaurant that has been operating at 5015 West Edinger Avenue, Unit V since March 6, 2015. CUP No. 2000- 11 had been transferred to Majesty Restaurant when they opened at this location, which allowed the on- premise consumption of beer, wine and distilled spirits at this location. This CUP amended CUP No. 1997.06, which authorized the on- premise consumption of beer and wine at this location. Other than the previous ABC license request, no discretionary permits have been requested or granted at neither Units V nor Z, Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when It can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. The granting of the CUP for this expanded space will allow the restaurant to continue to function within this neighborhood as an eating establishment. The proposed expansion of the ABC license into the adjacent suite will be In compliance with all other regulations, including alcohol storage and display area criteria set forth in Section 41- 196(g)(25) of the SAMC. Further, the site will be in compliance with all operational standards set forth in Section 41- 196(g) of the SAMC, which govern the on- premise sale of alcoholic beverages (Exhibit 6). Finally, the proposed ABC license will be consistent with several goals and policies of the General Plan, including Goals 2 and 5 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses. 31A-5 CUP Nos. 2016-29,2016-30 & 2096-33 October 10, 2016 Page 4 The proposed after -hours conditional use permit would allow the proposed restaurant to remain open past 12:00 a.m. Majesty Restaurant is located in a commercial shopping centerthat contains offices, retail, service and restaurants. Conditions of approval have been placed upon the use that will minimize the possibility for any potential noise or safety impacts typically associated with after- hours operations. Majesty Restaurant also proposes to operate an ancillary banquet facility, which would allow it to be closed to the general public for private events. The intent is to operate a full - service eating establishment; however, private events would be held on occasion, Per the SAMC, banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every 100 persons in attendance per event. The allowance of a banquet facility at Majesty Restaurant would further support the enhancement of the City's economic and fiscal viability by providing an ancillary service to the community. Can September 12, 2016, the Planning Commission held a public hearing on the applicant's request. At the conclusion of the hearing, the Commission elected to continue the item for 30 days. The Commission requested two additional items of information be provided to them: a copy of the previously approved conditional use permit for the project; and a detailed analysis on calls for service to the retail center. A copy of Conditional Use Permit No. 1997 -06, which was approved in June 1997, is attached for the Commissions review (Exhibit 7). Additionally, a detailed breakdown of the 50 calls for service in the past year, which involve crimes such as burglaries, theft, stolen vehicles and false alarms, Is attached (Exhibit 8). None of the calls were found to be directly attributed to the Majesty restaurant. In addition to the documented calls for service, Police management has received numerous calls over the same time period from adjacent neighbors, particularly from those residents at the rear (north) of the site. These calls, which are not on the calls for service report, pertained to complaints related to the rear doors being open; interior restaurant noise impacting the residents from the open doors, and loitering in the rear parking lot. In response, patrols have been sent to evaluate these complaints. However, the Issues were usually resolved by the time the officers were able to respond. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with such uses are mitigated to the greatest extent possible. For on -sale licenses, the Police Department compares crime in the project area to crime citywide. Crime data is collected by reporting district. When a project is located in a reporting district with more than 20 percent of the average crime rate citywide, the Police Department will consider this Information in making its recommendation. 31A-6 CUP Nos. 2016 -29, 2016 -30 & 2016 -33 October 10, 2016 Page 5 The project at 5015 West Edinger Avenue, Unit V is located in Reporting District No. 131, Reporting District No. 131 ranks 52 out of 102 reporting districts in the number of police related calls for service. This reporting district is below the average for criminal activity threshold established by the State for high crime. The Police Department contends that the operational standards applicable to on- premise ABC licenses will mitigate any potential negative impacts to the surrounding community. Public Notification The project is located within the boundaries of the Riverview West Neighborhood, and is in close proximity to the West Grove Valley Neighborhood. Staff contacted the presidents of the Riverview West Neighborhood Association and West Grove Valley Neighborhood Association to ensure that the neighborhoods were notified of this project and to identify any areas of concern. 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. CEl2A Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2016 -84 will be filed for this project. The project proposes to allow the expansion of the on- premise sale of alcoholic beverages at an existing structure, after -hours operation and an ancillary banquet use. No modification to the exterior of the building is proposed as part of this project. Strategic Plan Ali nment 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). 31A-7 CUP Nos. 2016 -29, 2016 -30 & 2016 -33 October 10, 2016 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -29, Conditional Use Permit No. 2016 -30 as conditioned and Conditional Use Permit No. 2016 -33 as conditioned. Vince Fregoso, AI Principal Planner JA :VF:jm AlrapodsICUPICUP16- 2983003 Majesty Rmstaurant.101016.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photos Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments Exhibit 7 — Conditional Use Permit No. 1997 -6 Exhibit 8 — Police Department Calls for Service 31A-8 FIRST (30151, Aw I ST + c C f I Q RI RI N11 Ri All! Rl RI R2 4 R3 ----------- �rll iL fl, R4 R2 RI 01 Rl, Rl 1,-.—i City SarAert R11' PL nz RI A[ F i �m �._,� —:: .. „. Ri•.l pd :.IQ AI 6 al nl R2 4 R2 .l .9 M. p4. 0 RI I m i I, a t e I Al RI RI Ill RI Rt R7 RI RI R7 RI RI Ill RI Rl C i t of F I 111 Vailel C7 Rl Ill pROJEL ROJECT EDINGER Al W4 LAGIaMUMLt CR COMMOUALFUMMAL RI SNGLEFAMMSOMIAL -B FAWNGM001FICATM X G3vsMENTc3MR n IMFAMILYFMO64M GW COMMMALSWTHMAIN ml UGMNOUSM m MULTIFLEDMNMULHPLE cl OWMLfNlWWMME;UAL M2 HavylMOSMAL FAMILYF OE.CE 0-MO WMM. OOMMMAUMUMN DIMCT MO MlUTAReOPMTTM m 91BUrMNAFAFTM9M a G8,1FRALOOMMEFOAL 0 ORN SAKE PE PffiDMAL85RTE m CUMALW9NMS p MFMOW m Mncomopmw 6A M LWSN�AMMMLAGE pco RANNEDMMNIVNMDEI9-Cf W 9 RQRAN FLMWMS�O N(1094TIR pro PLANNMrM0eMLD&EOFUW cs ARMALOOMMMAL CUP 2016-29,30 & 33 N O MAJESTY RESTAURANT ; 4 �la S�l 5015 WEST McFADDEN AVENUE, UNITY 600 FEFr F' =1000 FEET P L A N N I N G A N D B U I L D I N 0 A C E N C Y S I N 6 L[ f A I l Y 'A E 5 1 0 F. N c_E� CUP 2016-29,30 & 33 MAJESTY RESTAURANT 5015 WEST EDINGER AVENUE, UNITY y� 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 31A -10 } .d. i y tjy b iN s°, i N b - a- n n -a �C v. na- c v e u CUP 2016.29, CUP 2016.30 & CUP 2016.33 MAJESTY RESTAURANT 5015 WEST EDINGER AVENUE, UNIT V SITE PLAN EXHIBIT 4 31A -12 PROJECT SITE IY6YN:WYi �F S70RA6E CUP 2016.29, CUP 2016.30 & CUP 2016.33 MAJESTY RESTAURANT 5015 WEST EDINGER AVENUE, UNIT V FLOOR PLAN EXHIBIT 5 31A -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on-sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Pull and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after - hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. 1t shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31A -14 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency, 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, Including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at anytime must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. (Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. (Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17, The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31A-15 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters° Prior to issuance of letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with,. 21. A timed- access cash controller or drop safe must be installed. 22, Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e, Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines, h. The location and description of any video games proposed to be on the premises. 3 of 4 31A -16 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4of4 31A -17 REQUEST FOR Planning Commission PLANNING COMMISSION MEETING DATE: MAY 27, 1997 ga.icP lean tai PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - APPEAL OF THE ZONING ADMINISTRATOR'S DECISION NO. 97 -02 TO APPEAL THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 97-06 FOR THE EMERALD HAY SEAFOOD RESTAURANT Pceparedby Melanie McCann Executive Director 9 Zoning Administrator's Action APPROVED � XAs Recommended (JMt 7a V) ¢BAs Amended G Set Public Hearing For CONTINUED TO Planning Manager Approved Conditional. Use Permit No. 96 -06 as conditioned and adopted the findings as submitted by staff at the meeting of April 9, 1997. Recommendation Deny Appeal of the Zoning Administrators Decision No. 97 -02 and adopt the finding as submitted by staff. DISCUSSICNT Reaue9t C',`.: Applicant The appl.:ants, Mr. Trung Di Nguyen and Mrs. Nga Nguyet Phan, are requesting an appea of a condition of approval for Conditional Use Permit No. 56 -06. This con.:tional use permit was recently granted to allow the on- premise sale of k ->r and wine at the Emerald Bay Seafood Restaurant located at 5015 - V West Edinger Avenue. specifically, the applicant is requesting relief from the Planning Division's condition of approval A.5. requiring the conversion of three private dining rooms to open dining area. ProgertX Description The project site is located near the northeast corner of Euclid. Street and Edinger Avenue (Exhibit 1) . The General Plan land use designation for this property is General Business District (GBD) and the zoning district is Community commercial (Cl). The surrounding land uses are single family residential to the north and east, commercial and single family residential to the south, and multi- family residential and commercial to the west (Exhibit 2). EXHIBIT i 31A -18 CS.� Conditional Use Permit No. 97-06 May 27, 1997 Page 2 Proiect Description A conditional use permit to serve beer and wine in conjunction with an the existing restaurant was approved by the Zoning Administrator on April 6, 1997. The restaurant is located within a 67,468 square foot retail center on a 5.65 acre site(Exhibit 3). The 7,940 square foot restaurant presently includes a public dining area, along with private areas designated as wedding party changing room, office, and private dining (Exhibit 4). Analysis of the Issues Emerald Bay Seafood Restaurant was granted approval to serve alcoholic beverages as an ancillary service to its primary restaurant use. Alcoholic beverages will be served as part of the restaurant menu. The restaurant currently is in operation Sunday through Thursday from 11:30 a.m. to 10:00 p.m., and Fridays and Saturdays from 11:30 a.m. to 12:00 a.m. Within these hours, the restaurant proposes to continue to host wedding and special occasion banquets with live entertainment. The Police Department reviewed the proposed beer and wine license and determined that the restaurant is located in Police Reporting District No. 27. This district has an average crime rate and ranks 63 out of 102 Districts in the total. number of police-related incidents citywide. The Police Department expressed concern with several aspects of the proposal including the layout of the floor plan with private rooms and stage area; potential impacts on adjacent residential uses from amplified music; and noise from the rear parking area. To mitigate these impacts, the Type 41 beer and wine license was conditioned (Exhibits 5 and 6) so that live entertainment and amplified music is limited to three musicians or entertainers, and that live entertainment and public dancing is only permitted in conjunction with wedding or banquet events. In addition, the private dining areas (rooms 2, 3, and 4 of Exhibit 4) are to be incorporated into the main dining area. The applicant is appealing condition number A.5: to eliminate the existing private dining rooms based upon the financial hardship it creates to comply with this condition. Converting the three, approximately 160 square feet, private dining rooms to open public dining area would change the restaurant's Uniform Building Code occupancy rating and require substantial upgrades to the building construction. The Police Department's recommendation to eliminate these rooms is based on experiences with similar facilities were these types of private rooms have been used for unlawful activities and have created a significant enforcement issue. Based on the above analysis of the project and the attached findings, staff recommends denial of Appeal of the Zoning Administrator's Decision No. 97- 02. 31A -19 Conditional Use Permit No. 97 -06 May 27, 1997 Page 3 CEgA Camplianae After completion of Environmental Review Exemption was filed for this project Environmental Quality Act (Exhibit 7). I'U" M Melanie McCann Assistant Planner 11 MCM.SMJ pi¢mmmg.ccmVs"97 -(r vc 31A-20 No. 96 -114, a Categorical pursuant to the California FIRST ST Gj N R2PRO' 2 cz w MI„ so3z ns M °RI Nj m.4om i ��v+ apt nx fl3 n2 MI J t P R4 -- - Ilex L -- d j1 �>cy_rlt_t"°2 QI �Ix. 1 I R2 C R4 A r.1 I e� AI fi.41 —� nx. A I IRI lllIIIJJJJJJ e�u[tF— w Al r• . — eeou -- - � RI 1 C f RI RI I— 0 1I RI i 4Tp RI „RI RI PH 1 .,..R! PROJECT RI SITE RI RI RI >�� _ RI Cy RI FA RI RI fii R ,""' RI tl RI .J RI RI t RI RI s RI v. e. I RI ..ro ne.m + LILAC hV E. EDINGER AVE. O OPEN SPACE LP LIMITED PROFESSIONAL LIA LIMITED MANUFACTURING At GENERAL AGRICULTURE P PROFESSIONAL MI LIGHT INDUSTRIAL RE RESIDENTIAL ESIAlE CR COMMERCIAL RESIDENTIAL M2 HEAVY INDUSTRIAL RI SINGLE FAMILY RESIDENTIAL C7 COMMUNITY COMMERCIAL -PD PLANNED DEVELOPMENT R2 LIMITED MULTIPLE FAMILY RES. C2 GENERAL COMMERCM .PAD PLANNED RESIDENTIAL DEV. AS MEDIUM DENSITY MULT''.PLE RES. C3 CENTRAL BUSINESS -SD SPECIFIC DEVELOPMENT R4 SUBURBAN APARTMENT C4 PLANNED SHOPPING CENTER �B PARKING MODIFICATION CD CIVIC DEVELOPMENT C5 ARTERIAL COMMERCIAL. +01 HEIGHT DISTRICT GC GOVERNMENT CENTER CM COMMERCIAL MANUFACTURING voa CUP 97 -6 _ EXHIBIT 1 31A-21 SINGLE iMY RE w m LE FAMILY RES. F� 11 COMMERCIAL LEHNHARDT COMMERCL CdSINGLE RE AMILY w 45 SINGL FAM Y � M SING EFAM1 fCY � SI GL FA 1ItY U ES. +� LL AVENUE v w `t Z w w w m � GT � e ir- a w O Z � h EDINGER AVENUE PARK � E=L71 TL L w FLOWER AVENUE SINGLE FAMI Y RE ID NTfAL CUP is EMERALD BAY SEAFOOD RESTAURANT 5015 WEST EDINGER AVENUE, 31A-22 N T1 ro� rt ZEW — — — r-YIPRcL31A-237" IT q p,u 1 Y� Y. 11 Yi r. a run a L�l i � Nvdaoma � �6 ! }7 0A Q \� 5 \ ^�{ / / | |� ' m � I � �6 ! }7 0A Q \� 5 \ ^�{ / / Conditional Use Permit No. 97 -06 May 27, 1997 Page 1 rindings A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood and community? The existing restaurant provides a, service to the surrounding properties, community, and employees in the area. The sale of beer and wine for on- premise consumption in conjunction with enclosed /private dining rooms may result in additional Police incidents that would have a negative impact on the well being of the neighborhood and community. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed new liquor license at the Emerald Bay Seafood Restaurant may have detrimental affects to persons residing or working in the area without condition number A.B. to eliminate the private dining room. These private rooms provide an environment conducive to unlawful. activities that would create new impacts on the surrounding land uses. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The removal of condition number A.B. related to the on- premise sales of beer and wine at the Emerald Bay Seafood Restaurant is anticipated to have an adverse impacts on the economic stability of the area. The potential for the proposed private dining areas to be used for unlawful activities may increase crime in the area and reduce the viability of the business enterprise in the area. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed Appeal of the Zoning Administrator's Decision will not affect the project's ability to comply with all applicable conditions of Santa Ana's Municipal Code Chapter 41. EXHIBIT S 31A-25 Conditional Use Permit No. 97 -06 May 27, 1997 Page 1 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed appeal of the conditions of approval for the sale of alcoholic beverages for on- premise consumption will not adversely affect the General Plan. The sale of alcoholic beverages is incidental to the restaurant operation which is a use permitted within the General Business District (GBD) land use designation and zoning district. 31A-26 Conditional Use Permit No. 97 -06 May 27, 1997 Page 1 Conditions for Approval Should Conditional Use Permit No. 97 -06 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fare Code, the Uniform Building Code and all other applicable regulations. In addition, it shall meet the following conditions: A. Planning Division 1. There shall be no restaurant operations permitted between the hours of 12:00 a.m. and 5:00 a.m. 2, The business must be a bona fide eating establishment as defined by the Alcoholic Beverage control Boards and the standards established by the Planning Commission. These standards state that restaurant establishments include the following: a) one conventional range /oven. b) A double sink. c) A 25 cubic foot refrigerator. d), A four foot by six foot food preparation area. e) An automatic dishwasher. f) Alcoholic beverage storage area shall not exceed five percent of the gross floor area. 3. Prior to issuance of Letter of Approval, a portion of the landscape planters near entrance to restaurant shall be replanted to include five gallon shrubs as approved by Landscape Associated. 4. The security guards are to assure that patrons of the wedding /banquet gatherings do not park in rear of restaurant. (Modified by the Zoning Administrator). 5, ,,e em 1 45 �4dm r %stra T. e (Deleted by the Planning � commission). 5. The restaurant floor plan shall comply with the attached design dated May 20, 1997, (Modfied by the Planning Commission). AX& Conditional Use Permit No. 97 -06 May 27, 1997 Page 2 B. Policy Department 1. The existing suite and parking lot, within 60 feet of the suite, must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters, 2. Prior to issuance of better of Approval to the Alcohol Beverage control Board all conditions must be complied with. 3. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 4, Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise. 6. sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7 :00 a.m. and 12:00 a.m. 7. Live entertainment or amplified music is limited to no more than three musicians or entertainers. Live entertainment and public dancing is only permitted on the premise in conjunction with wedding or banquet events. 8. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. 9. There shall be no pool tables or coin- operated games maintained on the premises at any time. 10, The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same time period. 11. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 12. The sale of beer and /or wine for consumption off the premises is prohibited. 13. All. public pay telephones shall be located inside the licensed premises. 31A-28 Conditional Use Permit No. 97 -06 May 27, 1997 Page 3 14. The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises. 15. At all times when the premises are open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 16. The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants. 17. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Chapter 41-12.2. 18. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in Santa Ana Municipal Code Section 12 -1 and 12 -2. 19. At all times that private functions are being conducted, the applicant shall employ one uniformed, state licensed security guard for every 100 persons, or portion thereof, in attendance for the purpose of keeping the peace. These guards shall also insure the safety of patrons in front and rear parking areas and shall remain in the parking lot until all the patrons have cleared the premises. Every security guard employed by the applicant shall first by the Chief of Police, or his designate. if there is a marked or noticeable increase in the number of police related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant shall increase the number of uniformed, state licensed security guards to a total number of guards as determined by the Chief of Police. (Modified by the Zoning Administrator), 20. The Conditional Use Permit shall be reviewed at three months, six months, at one year, and then annually thereafter by the Police Department for any modification to the conditions of approval. (Modified by the Zoning Administrator). 21. Music shall not be played outside nor be audible beyond the area under the control of the license. 22. The permanently affixed stage area shall be used for live entertainment or performances only in conjunction with wedding or banquet events. 31A-29 Conditional Use Permit No. 47 -06 May 27, 1997 Page 4 23. n r�; �e- ate - e. _ ___ - -, (Modified by the Zoning Administrator). C. 4 . p-a (Modified by the Zoning Administrator) 31A-30 Police Call For Service Data 09 -08 -2015 through 09 -07 -2016 Cal4 /Report Types AUDIBLE ALARM - FALSE BATTERY JUST /OCCURED BURGLARY- COMMERCIAL RPT CRIME SCENE INVESTIGATION DISTURBING THE PEACE - VARIOUS GRAND THEFT RPT INORMATION REPORT KEEP THE PEACE MISSING PERSON OPEN DOOR PATROL CHECK PERSON DOWN STOLEN VEHICLE RPT TRAFFIC ACCIDENT NON- INJURY TRESPASSING WARRANT ARREST Grand Total Incident P1601.02902 P160102820 P160103755 ` P160105568 " P160105829 P160106278 ° P160107622 P160107648 ' P160108646 ' P160108751 P160108932 P160110295 P160206527 P160208870 P160210986 P160304229 DateITime Location 01/08/1607;17 5015 WEDINGER AV 0110811608;04 5015 W EDINGER AV 01/10/1612:41 5015 W EDINGER AV 01/14/16 16:50 5015 W EDINGER AV 01/15/1610:00 5015 W EDINGER AV 01/16/1612:1.9 5015 W EDINGER AV 01/19/16 16:32 5015 W EDINGER AV 01/19116 17:30 5015 W EDINGER AV 01/21/11x22:38 5015 W EDINGER AV 01/22/1606:23 5015 W EDINGER AV 01/22/1615:17 5015 W EDINGER AV 01/25/1617:39 5015 W EDINGER AV 02/16/1606:28 5015 WEDINGER AV 02/21/1614:11 5015 W EDINGER AV 02/26/1608:20 5015 W EDINGER AV 03/10/1608:36 5015 WEDINGER AV Count of Call Types 1 12 3 6 1 1 1 1 2 5 1 1 1 2 1 so Call Description BURGLARY • COMMERCIAL RPT CRIME SCENE INVESTIGATION BURGLARY - COMMERCIAL RPT TRESPASSING TRESPASSING DISTURBING THE PEACE - VARIOUS BURGLARY - C:OMMERCIAL RPT CRIME SCENE INVESTIGATION STOLEN VEHICLE RPT AUDIBLE ALARM - FALSE PATROLCHECR OPEN DOOR INORMATION REPORT ICEEP THE PEACE BURGLARY - COMMERCIAL RPT BURGLARY - COMMERCIAL RPT EXHIBIT 8 31A-31 Report No. 16 -00722 16 -00922 16 -01785 16 -02026 16-04367 16 -05366 16.06575 P160306722 * P160313954 * P160401267 * P160404531 " P160406773 P160406783 P160406804 PI(Y0407371 ° P160408355 P100408393 '* P160503176 P160510290 P160513902 'k P160605456 " P160700294 P1.60701256 P160701642 Pt60701788 Pt60704900 '•" P160712582 P160713653 P160714470 *' P160802683 P160812214 * P150910924 * P150911036 P150911341 P150911396 P150911948 P151007142 P151104750 " P151107022 1)151203859 P151211525 03/16/1604:11 5015 W EDINGERAV 03/31/16 20:0 t 5015 W EDINGER AV 04/0311622:20 5015 W EDINGER AV 04/11/1609:56 5015 W EDINGER AV 04/1611610:29 5015 W EDINGER AV 04/16/16 10:58 5015 W EDINGER AV 04/16/1612:02 5015 W EDINGER AV 04/17/16 16.36 5015 W EDINGER AV 04/19116 17:34 50t5 W EDINGER AV 04/19/16 19x2 5015 W EDINGER AV 05/07/1623:26 5015 W EDINGER AV 05/23/16 12:47 5015 W EDINGER AV 05/31/1605:36 5015W EDINGER .AV 06/12/16 09:02 5015 W EDINGER AV 07/01/1.6 14:56 5015 W EDINGER AV 07/03/1609:05 5015 W EDINGER AV 07/03/16 22:19 5015 W EDINGER AV 07/04/1603315 5015 W EDINGER AV 07/09/16 18:22 5015 W EDINGER AV 07/26/1605:38 501.5W EDINGER AV 07/28/16 11:37 5015 W EDINGER AV 07/30/1603:45 5015 W EDINGER. AV 08/06/1620:32 50.15W EDINGER AV 08/27/16 10:01 5015 W EDINGER AV 09/25/15 06:11 5015 W EDINGER AV 09/25/15 11:36 5015 W EDINGER AV 09/26/15 00:09 5015 W EDINGER AV 09/26/1503:09 5015 W EDINGER AV 09/27115 10:05 501.5 W EDINGER AV 10/17/15 06:06 5015 W EDINGER AV 11/12/1512:22 501.5 W EDINGER AV 11/17/1522:14 5015 W EDINGER AV 12/10/15 07:44 5015 W EDINGER AV 12/30/15 08 :54 5015 W EDINGER AV BURGLARY - COMMERCIAL RPT AUDIBLE ALARM - FALSE DISTURBING THE PEACE - VARIOUS DISTURBING THE PEACE - VARIOUS BURGLARY - COMMERCIAL RPT BURGLARY - COMMERCIAL RPT CRIME SCENE INVESTIGATION AUDIBLE ALARM - FALSE WARRANT ARREST PATROL CHECK AUDIBLE ALARM - FALSE PATROL CHECK BURGLARY- COMMERCIAL RPT AUDIBLE ALARM - FALSE TRAFFIC ACCIDENT NON - INJURY AUDIBLE. ALARM - 'FAL,SE DISTURBING THE PEACE - 'VARIOUS AUDIBLE ALARM -FALSE MISSING PERSON AUDIBLE ALARM- FALSE PERSON DOWN AUDIBLE ALARM - FALSE AUDIBLE ALARM - FALSE DISTURBING THE PEACE - VARIOUS BATTERY JUST /OCCURED PATROL CHECK. PATROL CHECK OPEN DOOR. BURGLARY - COMMERCIAL RPT' BURGLARY - COMMERCIAL RPT DISTURBING THE PEACE- VARIOUS AUDIBLE ALARM - FALSE BURGLARY - COMMERCIAL RPT GRAND THEFT RPT 31A-32 16 -07124 16.08646 16 -10083 I6 -10087 16 -10201 16 -10387 16 -14[77 16 -15314 16 -17387 16 -20706 15 -25174 15-27138 15 -32204 15 -33924 LS 9.12.16 RESOLUTION NO. 2016 -38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -29 TO ALLOW THE ON- PREMISE SALE OF ALCOHOLIC BEVERAGES; CONDITIONAL USE PERMIT NO. 2016 -30 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION; AND CONDITIONAL USE PERMIT NO. 2016 -33 AS CONDITIONED TO ALLOW AN ANCILLARY BANQUET USE AT THE PROPERTY LOCATED AT 5015 WEST EDINGER AVENUE, UNIT V 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. 2016 -29 to expand the on- premise sale of alcoholic beverages into the adjacent tenant space; Conditional Use Permit No. 2016 -30 to allow after -hours operations until 2:00 a.m.; and, Conditional Use Permit No. 2016 -33 to allow an ancillary banquet use, for the property located at 5015 West Edinger Avenue, Unit V. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on -site or off -site consumption. C. Santa Ana Municipal Code Section 41- 365.5(f) requires approval of a conditional use permit for businesses operating between the hours of 12:00 a.m. and 5:00 a.m. in the Community Commercial (C -1) zoning district. D. Santa Ana Municipal Code Section 41- 365.5(k) requires approval of a conditional use permit for banquet facilities as an ancillary use, subject to development and operational standards set forth in Santa Ana Municipal Code Section 41- 199.1, in the Community Commercial (C -1) zoning district. E. On September 12, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -29, Conditional Use Permit No. 2016 -30 and Conditional Use Permit No. 2016 -33. Resolution No. 2016 -38 Page 1 of 12 31A-33 F. After said hearing, the Planning Commission continued the matter to its regularly scheduled meeting of October 10, 2016. G. 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 Section 41- 638, have been established for Conditional Use Permit No. 2016 -29 to allow for on- premise sale of alcoholic beverages: That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. The proposed expansion of the Alcoholic Beverage Control (ABC) license into the adjacent suite will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 proposed ABC license will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity as operational standards will ensure that the use will not create any negative or adverse impacts. This will primarily be a restaurant use and the addition of alcohol will be ancillary to the main use. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project site is located within a multi- tenant commercial center and is suitable for the proposed use. Alcoholic beverages on the menu at Majesty Restaurant's expanded space will increase the patronage to the restaurant and number of visitors to the development, thereby enhancing the profitability of the business and economic stability of the area. Thus, the expansion of Majesty Restaurant into the adjacent tenant space will enhance the economic viability of the area. Resolution No. 2016 -38 Page 2 of 12 31A-34 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol beverage license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding on- premise alcohol licenses. The facility will be maintained as a full service bona fide eating establishment. Alcohol storage and display areas will consist of less than five (5 %) percent of the floor area which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Majesty Restaurant's tenancy will continue to contribute to the maintenance and viability of the commercial development in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The restaurant is located in a commercial center and its expanded operations are compatible with the surrounding commercial businesses. H. 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 Section 41- Resolution No. 2016 -38 Page 3 of 12 31A-35 638, have been established for Conditional Use Permit No. 2016 -30 to allow after -hours operation: That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. Majesty Restaurant is requesting to operate until 2:00 a.m. This will allow the restaurant to remain competitive with other restaurants in the area. Conditions have been placed on the after -hours operations that will mitigate any potential impacts created by the use and ensure that the use will not adversely affect the surrounding community. 2. 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 proposed after -hours operations for the restaurant at this location will not be detrimental to persons residing or working in vicinity because conditions have been placed on the restaurant operations that will mitigate any potential negative or adverse impacts created by the use. Additionally, the restaurant will serve both visitors and the local and regional business community. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow local businesses to become a destination area. Moreover, the flexibility of operational hours will help the commercial shopping center remain economically viable. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after 12:00 a.m. 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. Resolution No. 2016 -38 Page 4 of 12 31A-36 The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant that is open past midnight contributes to the economic success of the City as a shopping and dining destination. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed expansion of the ABC license will maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible and supportive of surrounding land uses. Majesty Restaurant is located in a commercial corridor and is compatible with surrounding land uses. 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 Section 41- 638, have been established for Conditional Use Permit No. 2016 -33 to allow an ancillary banquet use: 1. That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. Majesty Restaurant may close the entirety or a portion of the restaurant to allow for a banquet use, which would allow the restaurant to be used by the local community for private events or functions. This will allow the restaurant to remain competitive with other restaurants in the area, and will help the area become a destination point. Development and operational standards for banquet facilities and conditions placed on the banquet use operations will mitigate any potential impacts created by the use and ensure that the use will not negatively affect 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 proposed banquet use at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant operations that will mitigate any potential negative or adverse impacts created by the use. Additionally, the restaurant will serve both visitors and the local and regional business community with emphasis on local service. Resolution No. 2016 -38 Page 5 of 12 31A-37 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not negatively affect the economic stability of the area, but will instead allow local businesses to become a destination area. Further, offering various types of services and land uses is needed to create a dynamic community for local patrons and visitors. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding banquet facilities. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to banquet facilities to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's varied need for goods and services. A restaurant that offers the potential for private parties and banquets provides an essential service for local patrons and regional visitors, including the business community. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Policy 5.5 of the Land Use Element encourages development that is compatible with and support of surrounding land uses. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. J. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. No modification to the exterior of the building is proposed. Resolution No. 2016 -35 Page 6 of 12 31A-38 Categorical Exemption Environmental Review No. 2016 -84 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 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 Conditional Use Permit No. 2016 -29, Conditional Use Permit No. 2016 -30 as conditioned in Exhibit A attached hereto and incorporated herein, and Conditional Use Permit No. 2016 -33 as conditioned in Exhibit B attached hereto and incorporated herein, for the project located at 5015 West Edinger Avenue, Unit V. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 12, 2016, and exhibits attached thereto; the Request for Planning Commission Action dated October 10, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of October, 2016. AYES: Commissioners: Bacerra, Bauer, McLoughlin, Mendoza (4) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney None (0) Alderete, Gartner, Verino (3) None (0) Lynnette Verino Chairperson 31A-39 Resolution No. 2016 -38 Page 7 of 12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 10, 2016. Date: Acting Recording Secretary City of Santa Ana 31A-40 Resolution No. 2016 -38 Page 8 of 12 Conditions of Approval Conditional Use Permit No. 2016 -30 for after -hours operations is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code and shall provide a menu containing an assortment of foods normally offered at a restaurant. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale alcohol license are being exercised. 2. There will be no outdoor restaurant activity. 3. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 4. There shall be no amplified sound used outside the building. 5. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond five (5) feet from the exterior of the premises in any direction. 6. The applicant shall post "No Loitering" signage within the rear parking area. The signage shall include all information as directed by the Police Department to allow enforcement. The signage shall also prohibit parking within this parking area from 9:00 p.m. to 7:00 a.m. 7. The rear north and east restaurant doors shall remain closed at all times, except to accommodate deliveries. Deliveries shall be prohibited between the hours of 9:00 p.m. to 7:00 a.m. Resolution No. 2016 -38 Page 9 of 12 31A-41 8. Prior to release of the conditional use permit to the State Department of Alcoholic Beverages (ABC), the applicant shall obtain an entertainment permit. Resolution No. 2016 -38 Page 10 of 12 31A-42 EXHIBIT B Conditions of Approval Conditional Use Permit No. 2016 -33 for an ancillary banquet use is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The premises shall comply with the banquet facilities development and operational standards set forth in Section 41 -199.1 of the Santa Ana Municipal Code. 2. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code and shall provide a menu containing an assortment of foods normally offered at a restaurant. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. 3. There will be no outdoor restaurant activity. 4. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 5. Any and all existing or new lighting on the building's exterior must be maintained in working order. 6. All exterior lighting will be directed towards the restaurant and /or sidewalk and not towards other properties. 7. There shall be no amplified sound used outside the building. 8. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond five (5) feet from the exterior of the premises in any direction. Resolution No. 2016 -38 Page 11 of 12 31A-43 9. The applicant shall post "No Loitering" signage within the rear parking area. The signage shall include all information as directed by the Police Department to allow enforcement. The signage shall also prohibit parking within this parking area from 9:00 p.m. to 7:00 a.m. 10.The rear north and east restaurant doors shall remain closed at all times, except to accommodate deliveries. Deliveries shall be prohibited between the hours of 9:00 p.m. to 7:00 a.m. 11. Prior to release of the conditional use permit to the State Department of Alcoholic Beverages (ABC), the applicant shall obtain an entertainment permit. Resolution No. 2016 -38 Page 12 of 12 31A-44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: TENTATIVE PARCEL MAP NO. 2016 -03 (COUNTY MAP NO. 2015 -187) TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AT 2000 WEST ALTON AVENUE - JOE TRUXAW, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 5) CITY MANAGEe RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"t Reading ❑ Ordinance on 2 "a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Confirm the Zoning Administrators action approving Tentative Parcel Map No. 2016 -03 (County Map No. 2016 -187) as conditioned. ZONING ADMINISTRATOR ACTION On October 26, 2016, the Zoning Administrator adopted a resolution approving Tentative Parcel Map No. 2016 -03 (County Map No. 2016 -187) as conditioned to subdivide an existing parcel into two lots at 2000 West Alton Avenue located in the Specific Development No. 4 (SD -4) zoning district. The Zoning Administrator made a change to Condition No. 4 of the recommended conditions of approval outlined in the attached staff report to eliminate the need for CC &R's and to require a recorded covenant to address any potential drainage issues (Exhibit A). DESCRIPTION The applicant is requesting approval of a parcel map to subdivide an existing parcel of land into two lots to facilitate the future development of the two lots. The lot to the north, identified as Parcel 1, will be eight acres in size and will be the permanent home of the Christ Our Savior Catholic Parish. Parcel 2, a 6.77 -acre parcel to the south, is intended to be developed with 42 single - family residences. No development is proposed as part of this parcel map request. Full -sized 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). 32A -1 Tentative Tract Map No. 2016 -03 — Christ Our Savior Catholic Parish, 2000 West Alton Avenue November 15, 2016 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. assan Hagha i, AI Executive Director Planning & Building Agency VF:rb vflreports7PM 16 -3 Christ Our Savior= Exhibit: A. Planning Commission Staff Report 32A -2 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: OCTOBER 26, 2016 TITLE: PUBLIC BEARING — FILED BY ,JOE TRUXAW FOR TENTATIVE PARCEL MAP NO. 2016-03 (COUNTY MAP NO. 2015-187) TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AT 2000 WEST ALTON AVENUE (STRATEGIC PLAN NOS. 3, 2; 3, 5) Prepared by Vince Fregoso RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • ApplicanPs Request • Staff Recommendation CONTINUED TO Planning Mana er Adopt a resolution approving Tentative Parcel Map No. 2016 -03 (County Map No. 2015 -187) as conditioned. Request of Applicant Joe Truxaw, representing Christ Our Savior Catholic Parish, is requesting approval of a tentative parcel map to subdivide an existing parcel into two lots. Applications for commercial subdivisions of fewer than five parcels require approval of a parcel map by the Zoning Administrator pursuant to Section 34 -126 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The subject site is a 14.78 -acre parcel of land that has frontage on both West Alton Avenue and West MacArthur Boulevard. The property is flat and irregular in shape. It is currently improved with three temporary trailer structures and a permanent parking lot that are the temporary home of the Christ Our Savior Catholic Parish. The property Is located in the Specific Development No. 4 (SD -4) zoning district and has a General Plan land use designation of Low Density Residential (LR). The existing use is consistent with both the zoning and General Plan designations. Land uses surrounding the site include single - family residences to the north and east, single and multi - family residential to the south, and Segerstrom High School and the Santa Ana Family YMCA Sports and Aquatics Center to the west (Exhibits 1, 2, and 3). EXHIBIT A 32A -3 Tentative Parcel Map No. 2016 -03 October 26, 2016 Page 2 Proiect Description The applicant is requesting approval of a parcel map to subdivide an existing parcel of land into two lots to facilitate the future development of the two lots. The lot to the north, identified as Parcel 1, will be eight acres in size and will be the permanent home of the Christ Our Savior Catholic Parish, Parcel 2, a 6.77 -acre parcel to the south, is intended to be developed with 42 single- family residences (Exhibit 4). No development is proposed as part of this parcel map request. Prolect Background In 2002, the City Council approved several entitlements for the construction of the Christ Our Savior Cathedral Parish, a proposed 2,700 -seat Cathedral on the site. The intent of the Diocese of Orange was to relocate the Cathedral for Orange County to this new facility. However, due to different factors, the Diocese purchased the Crystal Cathedral and decided to relocate the Cathedral there, thus eliminating the need for a Cathedral on the subject site. In anticipation of the CathedraF-t he�7Tocese established the Christ Our Savior Catholic Parish on the northern section of this site, housing the church in temporary trailers, Although the Cathedral is no longer needed, the Diocese is moving forward with a proposal to develop a permanent church on the proposed northern parcel. In early 2016, the applicant initiated the development process by submitting an application to subdivide the lot into two properties and allow the sale of the remainder 63 -acre south parcel to a residential home builder that is not part of this application. Project Anatvsis Subdivision requests are governed by Chapter 34 and Chapter 41 of the $AMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative parcel maps are approved when it can be shown that findings can be made in support of the request. Specifically, findings related to the proposal being consistent with the General Plan, the site is in conformance with all applicable City ordinances, the project site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property must be made. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the applicant's request, staff believes that the following analysis warrants approval of the tentative parcel map (Exhibit 5). The applicant is seeking approval of a tentative parcel map to subdivide an existing parcel of land into two lots for sale to separate owners. No new construction is proposed for either site at this time, with the northern lot to continue to be utilized by the Christ Our Savior Catholic Parish for religious 32A -4 Tentative Parcel Map No. 2016 -03 October 26, 2016 Page 3 purposes for the foreseeable future. Since this application is to subdivide a lot only, no major issues were identified with the proposal. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City's Zoning Code and General Plan, including lot size, lot frontage, setbacks, lot coverage, and parking. Further conditions of approval have been included to ensure the site's landscaping, lighting and trash enclosures and other applicable development standards are in compliance with current standards. Further, no adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. Finally, the tentative parcel map was found to be consistent with the California Subdivision Map Act and Chapter 34 of the Municipal Code. Public Notification The project site is not located within the boundaries of a neighborhood association but is adjacent to the Republic Homes and Metro Classic Neighborhood Associations. The presidents of these neighborhood associations were contacted by staff and were notified by mall 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from the neighborhood president or from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15315. This Class 15 exemption allows for the minor division of property provided it is in an urbanized area that is zoned for residential uses, is in conformance with the General Plan and Zoning, consists of four or fewer parcels, does not require any variances or other exceptions, was not involved in a division of a larger parcel within the past two years, and does not contain an average slope of greater than 20 percent. As the project entails the subdivision of an existing parcel of land into two lots with no building expansion, the buildings and sites will be in compliance with all provision of the Municipal Code, no adverse environmental impacts will result from the subdivision of land, the project does not require any variances, and the proposal involves a relatively flat parcel, it has been determined that the project will not have an effect on the environment, Categorical Exemption Environmental Review No. 2016 -69 will be filed for this project. 32A -5 Tentative Parcel Map No. 2016 -03 October 26, 2016 Page 4 Strategic Plan Allonment 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. Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Tentative Parcel Map No. 2016 -03 as conditioned. Vince 6 oso Ai g r Principal Planner VF'jm Amports\TPM 16 -3 Christ Our Savior, 10261&za Attachments: Exhibit 1 _. Vicinity Map Exhibit 2 -- Location Map Exhibit 3 — Existing Conditions Photo Exhibit 4 Tentative Parcel Map 32A -6 g Ai nt.rnu % R1 R4 Al i Al AT q Al Irl. N xl- nl. . RI-rn�� 9 Al Al . rno PRO vno n RI- Ri r s Al o tiro S I� C4 ME! & a0c Ml Y Mt Al PRO d Mt A RI` :SD -5 SD-4 I - C4 SDS7 SD-4 R2 -PryD PROJECr$ffE C2 SMAC ARTHUR ivawit&�{r I I R N LV R-PR� RI-PRD C2 SD-7 R4 44 1 w ftl l V _. 31SIY 9AHT.1 ANA fllY IIMIY II 1 II 1+ I p �, � J I� I� 1'Ir LI ICI+ II I -eve C2 �f SUNFLOWER I CR rr SO -49 m 48 46 i r. j AVE. CI t Or Ca to M e v a Al GWEFAI- AGRWUUFi%LT CR CO1MRDALPEROUMAL RI SAIGLEFAM-YRODWIIAL -R PAWNGMMIRCA11ON CC GovRgmFMwHR R2 WFAMILYFFSOFNCE OEM CCMMEFSIAL8]ITRIMAIN M1 LI IROUSRAL R1 MULTIR. MSTYMULTPLE Ci COMMUNITC-0MM9'o& M2 HFAWINOUSMAL FAMILYPIMUNCE CI -MO WMM.00MMCUAUMU5BJNOISTRCr MO MIUTARlCFERATIONS w SJDWNAK MWS C2 MEE4LCOMMUDAL O OFEWACE RE RBDENTIALWATE n CENTRALVWN65 P FRDF ANAL 9J SIMRCOEALOWBJT C A CROTALR119NESARIISNWAGE PM RANNFD.CCMMUNITY0EV9-GFMRIT SP 9- MRCRAN C4 RANNR)910PRNGCEVTBi Ffm RANNR) RECODMALODALOIMRPt CS ARIEiALOOMMERDAL TPM 2016 -03 CHRIST OUR SAVIOR CATHEDRAL PARISH 2000 WEST ALTON AVEN U E - - =SOOFMT 1 7090 FEET P L A�N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 32A -7 aesioe.r.nr L-JRESIDENTIAL H I G H S C H O O L �w ALTON R E S I D E N T I A L MACARTHUR i i C 0 N D 01 5 BOULEVARD w m TPM 2016 -03 �& CHRIST OUR SAVIOR CATHEDRAL PARISH ' 2000 WEST ALTON AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 32A -8 :l � • }� le Af ..���'i Al i„J Y ti �a n ✓ r 1 � , f: 11 J .•'I m- rtinufx ea¢tpn.lrrru q'+W'rnxvagv u ® YINODJflV9 JO 1IV15 ']SNVbb !0 AINI169 'VNY V1Ntl5 !0 Atl9 ]HL XI arWwnSPnnA/xrn uraµbu]ryN,ry MN7AV NQ11V'M 0002 a'syb §b'4 L8 t —S IOZ 'ON dVN 130M 3AUV1N31 A� o C 9 a p( Jug OR x ? -R ig 3�T�egAW is a @yggYYpiII p 2 §�AVYAb3 §g CApS E£�3 @4tl ll17— 'gaH5saQ�AflsuSHoAgSSFA�Y . Hill I l l gill, @ o4 4g dA a a s `& 4 a] Ili i �36sAaA3�leA ®le$�AASgsfias §p € §�i ASi��� ll><dal3 }� 4n 9 e IIN' �u.AnaaasvGouv. A<__<auouv.nsvAele.olnAR.�a.33' I II'f!'''S +" 'a u A gg jai �El g`l 2 y p TT fie�a aaYl-s n a�6 � §pp q - gag y d't� t S @ 3y Y3 �y Q Aa s g4 g a a i£ay ¢ € 'g 3 A gg 'g 9 alf y CF'8' Ti n 6 gg$�a g�$y9ia[$�r}r@�p@ a AAgS� ay4�g � °e tg �9g" 6 alapdg A e p4G4�YStl4P tl kp X3�4A p� F @gp &Epa �.. @5��at5R @ p3� gB ¢ p 3x C p §A p[pn gzg �4Hy, & a agggHg qq 8 9 g.g1 0 0 s e A My G Ali g 1 g � 1$d1 a AaY g H §� hil pp�g�pg9��d� x vV^, €a? 5i y3 S a: .F 5 9Y BAiaAffi ' •u H 3 F 1 x F[b P of fi t°t 3 x fF h S �' ai OR $p A gspy �! I III g 4 A !N'02 aa4i € X 9® I l� y 9r 5 D 3 s @? Xe AWN Xe X4e$f <� @ SSy9 °¢X Imp E Yg a RSYyy 9yF A yy ! Z fipAp A "e MIN ' Irll 4�D l 0 q O r'7 l n a. Y #g' 6� �4 p�QKiFeDO�S�i�'�gH e§ k q., rk� EA gR4 FY3 4g_�w v; n a d l Ag °lsag }'a 9 gXgf$Y`9 x a A � F,r pxxf a$p aSH % i 4 it gH@ Airs g7gw44 lg¢a�ag °Yey A, p tj pi. MIMI, ME �nlE zX {i§ ka�g$4�ad8¢g� i . gg x gag 8; ¢ I . <y 1 S c. 2� ti "1 k; OYVAnnou unH1YYJVW ` -G • l IS YqY 7 Sg k aA3 XNeaa AQ €e I 1 <y 1 S c. 2� ti "1 k; OYVAnnou unH1YYJVW ` -G • l IS YqY 7 Sg k aA3 XNeaa AQ €e LS 10.05.16 V **o] IL 1 j r lei i .101 161Z i I r: ff e r: 1 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP 2016 -03, AS CONDITIONED, TO ALLOW THE SUBDIVISION OF AN EXISTING PARCEL INTO TWO LOTS AT 2000 WEST ALTON AVENUE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a Tentative Parcel Map to allow the subdivision of an existing parcel into two lots at 2000 West Alton Avenue. B. Santa Ana Municipal Code Section 34 -126 requires approval of a Tentative Parcel Map by the Zoning Administrator. C. On October 26, 2016, the Zoning Administrator held a duly noticed public hearing on Tentative Parcel Map 2016 -03. D. The Zoning Administrator of the City of Santa Ana determines that the following findings, which must be established in order to approve this Tentative Parcel Map pursuant to Santa Ana Municipal Code (SAMC) Section 34 -126 and the State Subdivision Map Act, have been established for Tentative Parcel Map 2016 -03: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Low Density Residential (LR) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project, as conditioned, and its design and improvements will be consistent with the Low Density Residential (LR) land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision of land to create two parcels is consistent with the land use designation and all other elements of the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Resolution No. 2016 -06 Page 1 of 5 32A -11 LS 10.05.16 The proposed project, as conditioned, will conform to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the provisions of the zoning code that pertain to lot size, lot frontage, landscaping, setbacks, lot coverage, and parking. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The proposed project consists of the subdivision of the parcel into two lots, with no new construction proposed at this time. The existing church buildings were designed and built to be physically suitable for the site and are in compliance with all applicable development standards. 4. 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 design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Since the project site is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. Each property will include the necessary utilities and infrastructure improvements as required under Development Project Review No. 2016 -21. 6. 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 significant public access easement located within this property. If needed, the applicant will record those easements necessary to ensure Resolution No. 2016 -06 Page 2 of 5 32A -12 LS 10.05.16 reciprocal rights between the properties, including but not limited to access, egress and drainage. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15315 (Class 15). This Class 15 exemption allows for the division of property in urbanized areas zoned for residential use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, and all services and access to the proposed parcels to local standards are available. Categorical Exemption Environmental Review No. 2016 -69 will be filed for this project. Section 3. 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 4. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map 2016 -03, as conditioned as set forth in Exhibit A attached hereto and incorporated herein by reference, for the property located at 2000 West Alton Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated October 26, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26th day of October, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney Verny Carvajal, AICP Zoning Administrator 32A -13 Resolution No. 2016 -06 Page 3 of 5 LS 10.05.16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jocelyn Magalona, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -06 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on October 26, 2016. Date: Recording Secretary City of Santa Ana 32A -14 Resolution No. 2016 -06 Page 4 of 5 LS 10.05.16 EXHIBIT A Conditions of Approval Tentative Parcel Map 2016 -03 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. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 2. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 3. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 4. Prior to recordation of the final map, the applicant shall submit for review and approval a drainage easement to be reserved through the final parcel map for storm water drainage across Parcel Nos. 1 and 2. 5. The final map must be approved and recorded prior to issuance of building perm its. 6. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. The proposed project shall be subject to the current development fees in place at the time of plan check. 8. The project must be in compliance with the provisions of Site Plan Review (DP No. 2016 -21). 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. Resolution No. 2016 -06 Page 5 of 5 32A -15 32A -16 A011 • CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: RESOLUTION APPROVING THE SAFE MOBILITY SANTA ANA PLAN {STRATEGIC PLAN NO. 5, 6131 CITY MANAGER RECOMMENDED ACTION APPROVED ® As Recommended ❑ As Amended ❑ Ordinance on I" Reading 0 Ordinance on 2nd Reading 77 Implementing Resolution © Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution approving the Safe Mobility Santa Ana Plan, 2. Direct staff to incorporate the findings of the Safe Mobility Santa Ana Plan into the update of the City's General Plan. DISCUSSION Addressing the safety of our transportation system is a priority and immediate necessity for the City of Santa Ana. On April 7, 2015, City Council directed staff to evaluate citywide traffic safety and develop a plan to address roadway and street safety. The study, called the "Safe Mobility Santa Ana (SMSA) Plan" (Plan), has been completed (Exhibit 1). The SMSA Plan analyzed 10 years of traffic collision data (2004 -2014) to identify collision patterns throughout the City. Corridors and intersections were ranked based on the density and severity of the collisions. The SMSA Plan identified 30 corridors where nearly half of the collisions occurred during the study period. The Plan then assessed the factors associated with each collision along the identified corridor and provided specific recommendations to address the types of collisions that occurred. Cost estimates for each project corridor were developed to aid the City in pursuing future grant funding opportunities and to facilitate implementation of safety features (Exhibit 2). Additional recommendations were developed for education programs and focused enforcement activities. The recommendations were assessed for compatibility with existing plans, policies, and guidelines to identify any potential obstacles to implementation. Prior to implementation, a number of the recommended engineering improvements would require roadway reclassifications in the City's Circulation Element of the General Plan and revisions to the Orange County Master Plan of Arterial Highways. Following approval of the SMSA Plan, staff will work with the appropriate agencies on these policy -level changes. 55A -1 Resolution Approving the Safe Mobility Santa Ana Plan November 15, 2016 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Individual environmental reviews will be conducted for each recommended improvement at the time of implementation. Those types of projects typically qualify for Categorical Exemptions, which can be done by staff. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy B (incorporate the improvement of walking and biking lanes as well as the development of a citywide bike master plan into the Circulation Element of the City's General Plan). FISCAL IMPACT There is no fiscal impact associated with this action. 1wr A JL Fr 6d Mousavipour Executive Director Public Works Agency FM /EWG/TH /CW Exhibits: 1. Resolution 2. Safe Mobility Santa Ana Plan and Appendices A -D accessible at http: / /www santa- ana.orq/smsa/ 3. Letter of Support from Alliance for a Healthy Orange County 55A -2 jmf 10/28/16 RESOLUTION NO, 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE SAFE MOBILITY SANTA ANA PLAN 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, Addressing the safety of the City of Santa Ana's transportation system is a priority and immediate necessity for the City. B. On April 7, 2015, the City Council directed City staff to evaluate citywide traffic safety and develop a plan to address roadway and street safety. C. That study, called the Safe Mobility Santa Ana Plan ( "SMSA Plan "), has now been completed. The SMSA Plan analyzed 10 years of traffic collision data to identify collision patterns throughout the City. Based on these patterns, and the factors associated with each collision along the identified corridor, the SMSA Plan provides specific recommendations to address the types of collisions that have occurred. D. The SMSA Plan includes cost estimates for each project corridor to aid the City in pursuing future grant funding opportunities and to facilitate implementation of safety features. E. Following approval of the SMSA Plan by the City Council, City staff will work the appropriate City agencies to implement the recommendations outlined in the SMSA Plan. Section 2. The City Council of the City of Santa Ana hereby approves and adopts the Safe Mobility Santa Ana Plan, a copy of which will be on file at the offices of the Public Works Agency of the City for public inspection. EXHIBIT 1 Resolution No. 2016 -XXX Page 1 of 2 55A -3 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 151" day of November, 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ` John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on 2016. Date: Resolution No. 2016 -XXX Pa0e 2 of 2 Clerk of the Council City of Santa Ana 55A -4 EXHIBIT 2 Safe Mobility Santa Ana Plan and Appendices A -D accessible at http: / /www.santa- ana.org /smsa/ 55A -5 'P�PM October 28, 2016 Fred Mousavipour Executive Director City of Santa Ana I Public Works Agency 20 Civic Center Plaza j Santa Ana, CA 92702 (714)647 -5643 Subject: Letter of Support for the Safe Mobility Santa Ana 2016 Draft Plan It is my pleasure to write a letter in support of the draft plan for Safe Mobility Santa Ana 2016 being submitted to the City of Santa Ana. This plan support's Alliance for a Healthy Orange County's (AHOC) goal of establishing Vision Zero in Santa Ana and supporting system and environmental change in favor of reducing health disparities in Orange County. AHOC has been pleased to partner with the City of Santa Ana as co- sub - grantees with the CDC OC PICH grant. As such, we are dedicated to supporting Santa Ana is it moves towards infrastructure that promotes complete streets and no traffic deaths. In conclusion, AHOC fully supports the efforts of the Public Works Agency as they seek to finalize this plan and apply for further funding for the projects mentioned. AHOC also commends the Public Work Agency for, "reject[ing] severe and fatal injuries as a necessary byproduct of multimodal transportation," and using local data to identify strategic solutions to "balance the many objectives of the local transport system, including travel time reliability, safety, and meeting the mobility needs of a variety of roadway users." AHOC looks forward to the City of Santa Ana's support of this thorough plan. If you have any questions, please contact me at (714)992 -3996. Sincerely, 1r n Barry Ross I RN, MPH, MBA Chair j Alliance for a Healthy Orange County Exhibit 3 55A -7 y • REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: APPROPRIATION ADJUSTMENT, RESOLUTION AND AGREEMENT ACCEPTING 2016 COPS HIRING GRANTFUNDS (STRATEGIC PLAN NO. 1, 313; 1, 1F) a,,, a CITY MANAGEf RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F"I• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing $1,250,000 in 2016 COPS Hiring Grant funds in revenue account (no. 12714002 52001), and appropriating same to expenditure account (no. 12714409 - various). 2. Adopt a resolution allocating ten new Police Officer positions to the FY 2016 -17 Police Department budget. 3. Authorize the City Manager and the Chief of Police to sign the U.S. Department of Justice Office of Community Oriented Policing ( "COP ") Services Award Document and Award Document Supplement for the COPS Hiring Program. DISCUSSION In June of this year, the Police Department applied for a competitive 2016 COPS Hiring Grant made possible through the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS). The grant is designed to assist state and local law enforcement agencies in the hiring and retention of police officers. The COPS Office reviewed 1,181 applications ultimately awarding $119,309,470 through the COPS Hiring Program (CHP) by way of 184 grants nationwide. The Santa Ana Police Department received notification that it has been awarded a 2016 grant award for ten police officer positions in the amount of $1,250,000 over a three -year grant period. Attached as Exhibit "1" is the Award Document and Award Document Supplement. This is the third year in a row that the Police Department has received this highly competitive grant. The Police Department received similar grant awards for ten officers in 2014 and 2015. 55B -1 2016 COPS Hiring Grant November 15, 2016 Page 2 The Police Department plans on using these additional officers to enhance Community Policing initiatives by increasing frontline law enforcement staffing, which will allow officers much needed time to more positively engage with the community. The ten new officers will also help further advance the Police Department's beat policing program, and build on the President's 21St Century Policing Plan. The added officers will improve our effective crime reduction strategies while strengthening our trust with the community through our Community Policing Plan. The grant allows for a cost sharing partnership with the federal government where the grant funds approximately 30 percent of the associated costs and the City General Fund covers the remaining 70 percent. The grant requires that at the end of the three -year performance period, the City must retain these 10 additional police officer positions for a minimum of 12 months, over and above locally- funded positions that would have existed in the absence of the grant. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #1 - Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions); and 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). FISCAL IMPACT The appropriation adjustment will recognize $1,250,000 in COPS Hiring Grant funds in revenue account (no. 12714002 52001), and appropriate same to expenditure account (no. 12714409 — various). Matching funds will be identified in the Police Department Field Operations account (no. 01114420 - various) at year -end for FY 2016 -17, and appropriated as part of the FY 2017- 18, FY 2018 -19, and FY 2019 -20 budget processes. Grant and general fund match amounts are projected for the following fiscal years as follows: 55B -2 1,153,241.85 1,441,552.31 1, 513, 536.92 254,271.23 4,362,602.31 COPS Grant City Match FY 2016 -17 330,434.04 822,807.81 FY 2017 -18 413,042.55 1,028,509.76 FY 2018 -19 433,668.03 1,079,868.89 FY 2019 -20 72,855.38 181,415.85 55B -2 1,153,241.85 1,441,552.31 1, 513, 536.92 254,271.23 4,362,602.31 vYVI o�y US. D1 PAIMNIENT OFJUSTICF. OFFICE OF CONfdIUNtry ORIENTED POLICING SERVICES l *, ;* ;' 145 N Street, Mr, W shington, DC 20530 Exhibit 1 Award Document COPS ]Hiring Program CFDA - 16.710—Public Safety Partnership and Community Policing Grants Treasury Account Symbol (TAS) 1.5X0406 Award Number: ORI .Number: OJP Vendor Number: Applicant Organization's Legal Name: DUNS Number: Law Enforcement Executive: Government Executive: 2016LJLWX0020 CA03019 956000785 Santa Ana, City of 0831512470000 Chief of Police Carlos Rojas City Manager David Cavazos Award Start Date: 09/01/2016,. Award End Date: 08/31/2019 Full -Time Officers Funded: 10 New Hires: 10 Rehires - Scheduled for Lay-Off: 0 Rehires - Previously Laid Off: 0 ` Award Amount: $1,250;000.00 The FY 2016 COPS Ili rinK Program (CIiP) provides funding directly to taw enforcement agencies to hire andlor rehire career law etroroanrent Of'fice's im all effoll to increase their centiunnity policing capacity and crime prevention efforts. CHP awards provide up to 75 percent of the approved entry-level salaries and fringe benefits of full-hole Officers for a 36 -mouth award period, with a minfnuun 25 percent local cash match requirement and a masinmm federal share of $125,000 per officer position. The Financial Clearance Memorandum (17C'M), included in your award package, is incorporated by reference into this Award I)ocument and shall become pmto F this Award Document. By signing this Award Doeunwnt, the recipient agrees to abide by all FY 2016 COPS Hinaa Program Award Terns and Conditions, the approved tmmlget in the FCM, and if aanIi cab I a, the Special Awed Con ill ttons and /or High ltish Conditions to the Award Document, Ronald L. Davis Date: 09/[2/2016 Director Carlos Rojas Signature of the Low Enforcement Executive /Agency Executive David Cavazos Signature of the Government Exeoulive /Fltul0cial Officer APPROVED AS TO FORM: John M. Funk, Asst City Attorney 10/04/2016 Date 10/04/2016 Dote False statements or claims made in cnmeeion with COPS awards may result in Inws, imprisonment, debarment from participating in federal awards or contracts, and /or any ramuedy nvadablo by law to the Fudcrol Government. ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING U.S. Department of Justice Office of Community Oriented Policing Services 2016 COPS Hiring Program Award Terms and Conditions By signing the Award Document to accept this COPS Hiring Program (CHP) award, the recipient agrees to abide by the following award terms and conditions: 1. Award Owner's Manual The recipient agrees to comply with the terms and conditions in the 2016 CHP Award Owner's Manual; COPS Office statute (42 U.S.C. §, 3796dd, at seq.); the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted bythe U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); representations made in the CHIP award application; and all otherapplicable program requirements, laws, orders, regulations, or circulars. 2. Assurances and Certifications. The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its CHP application. 3. Allowable Costs. The funding under this project is for the payment of approved full -time entry -level salaries and fringe benefits overthree years (for a total of 36 months offunding) up to a maximum federal share of $125,000 per officer position forcareer law enforcement officer positions hired and /or rehired on or after the official award start date. Any salary and fringe benefit costs higher than entry -level that your agency pays a CHP- funded officer must be paid with local funds. Youragencyls required to use CHP award funds forthe specific hiring categories awarded. Funding under this program may be used for the fallowing categories: • Hiring new officers, which includes filling existing officer vacancies that are no longer funded In your agency's budget; • Rehiring officers laid off by any Jurlsdletion as a result of state, local, or Bureau of Indian Affairs (BIA) budget reductions; and /or • Rehiring officers who were, at the time of award application, scheduled to be laid off (by your jurisdiction) on a specific future date as a result of state, local, or BIA budget reductions If your agency's local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories, your agency should request a post -award award modification and receive prior approval before spending CHP funding under the new category, The Financial Clearance Memorandum (FCM), included in your award package, specifies the amount of CHP funds awarded to your agency. You should carefully review your FCM, which contains the final officer salary and fringe benefit categories and amounts for which your agency was approved. Please note that the salary and fringe benefit costs requested in your CHP application may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories that are documented within the FCM, up to the amounts specified in the FCM. Your agency may not use CHP funds for any costs that are not Identified as allowable in the Financial Clearance Memorandum. Only actual allowable costs Incurred during the award period will be eligible for reimbursement and drawdown. If your agency experiences any cost savings over the course of the award (far example, your award application overestimated the total entry -level officer salary and fringe benefits package), your agency may not use that excess funding to extend the length of the award beyond 36 months. Any funds remaining afteryour agency has drawn down for the costs of approved salaries and fringe benefits Incurred for each awarded position during the 36 -month funding period will be deobllgated during the closeout process and should not be spent by your agency, 4. Supplementing, not SuoplantinR. State, local, and tribal government recipients must use CHP funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (officer hiring) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office- funded Item(s) in the absence of the COPS Office award. 5. Extensions. Your agency may request an extension of the award period to receive additional time to Implement your award program, Such extensions do not provide additional funding, Awards may be extended a maximum of 36 months beyond the Initial award expiration date. Any request for an extension beyond 36 months will be evaluated on a case -by -case basis. Only those recipients that can provide a reasonable justification for delays will be granted no -cast extensions. Reasonable justifications may include difficulties in filling COPS Office- funded positions, officer turnover, or other circumstances that Interrupt the 36 month award funding period, An extension allows your agency to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. Extension requests must be received prior to the end date of the award. Page 1 of 7 55B -4 U.S. Department of Justice Office of Community Oriented Policing Services 2016 COPS Hiring Program Award Terms and Conditions G. Modifications. During the CHIP award period, It may become necessary for an agency to modify Its CHIP award due to changes In an agency's fiscal or law enforcement situation. Modification requests should be submitted to the COPS Office when an agency determines that It will need to shift officer positions awarded in one hiring category into a different hiring category, reduce the total number of positions awarded, shift funds among benefit categories, and /or reduce the entry -level salary and fringe benefit amounts. For example, an agency may have been awarded CHIP funding for 10 new, additional full -time sworn officer positions, but due to severe fiscal distress /constraints, the agency determines It Is unable to sustain all 10 positions and must reduce Its request to five full -time posltlons; or an agency may have been awarded CHIP funding for two new, additional sworn officer positions, but due to fiscal distress /constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post - application. Award modifications under CHP are evaluated on a case -by -case basis. The COPS Office will only consider a modification request after an agency makes final, approved budget and /or personnel decisions. An agency may implement the modified award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an Increase of federal funds. 7. Evaluations, The COPS Office may conduct monitoring or sponsor national evaluations of the CHP award. The redport agrees to cooperate with the monitors and evaluators. 8. Reports /Performance Goals. To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting quarterly programmatic progress reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF -425). The progress report is used to track your agency's progress toward Implementing community policing strategies and to collect data to gauge the effectiveness of increasing your agency's community policing capacity through COPS Office funding. 9. Award gpitoring Activities, Federal law requires that law enforcement agencies receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutory regulations. The COPS Office is also Interested In tracking the progress of our programs and the advancement of community policing. Both aspects of award Implementation — compliance and programmatic benefits —are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office Include site visits, office -based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a CHP award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. 10. Federal Civil Rights. As a condition of receipt of federal financial assistance, you acknowledge and agree that you will not (and will require any subrecipients, contractors, successors, transferees, and assignees not to), on the grounds of race, color, religion, national origin (which Includes providing limited English proficient persons meaningful access to your programs), sex, disability, or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination In connection with any programs or activities funded In whole or in part with federal funds. These civil rights requirements are found in the nondiscrimination provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789d); Section 504 of the Rehabilitation Act of 1973, as amended (29 U,S.C. § 794); the Age Discrimination Act of 1975 (42 U,S.C. §6101, at se%); Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681, at sec.); and the corresponding DOJ regulations implementing those statutes at 28 C.F.R. Part 42 (subparts C, D, E, G, and I). You also agree to comply with Executive Order 13279, as amended by Executive Order 13559, and the implementing regulations at 28 C.F.R Part 38 Partnerships With Faith -Based and Other Neighborhood Organizations, which requires equal treatment of religious organizations In the funding process and nondiscrimination of beneficiaries by falth -based organizations on the basis of belief or nonbellef. 11. Equal Employment Opportunity Pian. All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and Implementation of an Equal Employment Opportunity Plan (28 C.F.R. Part 42 subpart E). 12. False Statements. False statements or claims made in connection with COPS Office awards may result in fines, Imprisonment, or debarment from participating in federal awards or contracts, and /or any other remedy available by law. 13. Duplicative Funding The recipient understands and agrees to notify the COPS Office If it receives, from any other source, funding for the same Item or service also funded under this award. 14. Additional High -Risk Recipient Requirements. The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a high -risk recipient (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200.207 as adopted by the U.S. Department of Justice In 2 C.F.R. § 2800,101). Page 2 of 7 55B -5 U.S. Department of Justice Office of Community Oriented Policing Services 2016 COPS Hiring Program Award Terms and Conditions 15. System for Award Management (SAM) and Universal Identifier Requirements The Office of Management and Budget requires federal agencies to Include the following standard award term In all awards and cooperative agreements made on or after October 1, 2010: A. Requirement for System for Award Management (SAM) Unless you are exempted from this requirement under 2 C.F.R. Part 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever Is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) Numbers If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided Its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions For purposes of this award term: 1. System for Award Management (SAM) means the federal repository into which an entity must provide Information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. 2. Data Universal Numbering System (DUNS) number means the nine -or thirteen -digit number established and assigned by Dun and Bradstreet, Inc. (D &e) to uniquely identify business entities. A DUNS number may be obtained from D &B by telephone (currently 866- 705 -5711) or the Internet at www.fedgov.dnb.com/webftirm. 3. Entity, as It is used in this award term, means all of the following, as defined at 2 C.F.R. Part 25, subpart Q a. Agovernmental organization, which is a state, local government, or Indian Tribe; b, A foreign public entity; c. A domestic or foreign non - profit organization; d. A domestic or foreign for - profit organization; and e. A federal agency, but only as a subrecipient under an award or subaward to a non - federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient b. The term does not Include your procurement of property and services needed to carry out the project or program (forfurther explanation, see Sec. ,,,.210 of the attachment to OMB Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations"). c. A subaward may be provided through any legal agreement, Including an agreement that you consider a contract. S. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the federal funds provided by the subaward. 16. Reporting subawards and F,Si,egutJve Compensation The Office of Management and Budget requires federal agencies to include the following standard award term In all awards and cooperative agreements made on or after October 1, 2010: A. Reporting of first -tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph D. of this award term, you must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L 111 - -5) for a subaward to an entity (see definitions in paragraph E. of this award term). 2. Where and when to report. You must report each obligating action described in paragraph A.I. of this award term to www.fsrs.gov. For subaward Information, report no later than the end of the month following the month in which the obligation was made. (for example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the Information about each obligating action that the submission instructions posted at www.fsrs.eov specify. Page 3 of 7 55B -6 U.S, Department of Justice Office of Community Oriented Policing Services 2016 COPS Hiring Program Award Terms and Conditions B. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— a. the total federal funding authorized to date under this award is $25,000 or more; b. in the preceding fiscal year, you recelved- 1. 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. Part 170.320 (and subawards); and IL $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. Part 170.320 (and subawards); and c, The public does not have access to Information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation Information, see the U.S. Security and Exchange Commission total compensation filings at www.sec.goy /answers /execomghtm, 2. Where and when to report. You must report executive total compensation described in paragraph B.I. of this award term: a. As part of your registration profile at www,sam.gov. b. By the end of the month following the month in which this award is made, and annually thereafter. Reporting of Total Compensation of Subreciplent Executives. 1. Applicability and what to report. Unless you are exempt as provided In paragraph D. of this award term, for each first -tier subreciplent under this award, you shall report the names and total compensation of each of the subreciplent's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— a. in the subrecipient's preceding fiscal year, the subreciplent received-- 1. 80 percent or more of Its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and IL $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and b. The public does not have access to Information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, .see the U.S. Security and Exchange Commission total compensation filings at www.sec.gov/answers/execoml2.htm. 2. Where and when to report. You must report subreciplent executive total compensation described in paragraph C.Y. of this award term: a. To the recipient. b. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subreciplent by November 30 of that year. Exemptions 1. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: a. Subawards, and b. The total compensation of the five most highly compensated executives of any Subrecipient. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 C.F.R. Part 25: a. A governmental organization, which Is state, local government, or Indian Tribe; b. A foreign public entity; c. A domestic orforelgn non - profit organization; d. A domestic or foreign for - profit organization; e. Afederal agency, but only as a subreciplent under an award or subaward to a non - federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: Page 4 of 7 55B -7 U.S. Department of Justice Office of Community Oriented Policing Services 2016 COPS Hiring Program Award Terms and Conditions a. This term means a legal Instrument to provide support forth performance of any portion of the substantive projector program for which you received this award and that you as the recipient award to an eligible subreciplent. b. The term does not Include your procurement of property and services nee, dod to carry out the project a program (for further explanation, see Sec. 210 of the attach ment to OMB Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations "). c. A subaward maybe provided through any legal agreement, Including an agreement that you or a subreciplent considers a contract. 4. subreciplent means an entity that: a. Receives a subaward from you (the recipient) under this award; and b. Is accountable to you for the use of the federal funds provided by the subaward, S. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or sulereclplent's preceding fiscal year and Includes the following (for more Information see 17 C.F.R, 229.402(c)(2)): a. Salary and bonus. b. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year In accordance with the Statement of Financial Accounting Standards No, 123 (Revised 2004) (FAS 123R), Shared Based payments. C. Earnings for services under non- equlty incentive plans. This does not Include group life, health, hospitalization, or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. d. Change In pension value. This is the change In present value of defined benefit and actuarial pension plans. e. Above- market earnings on deferred compensation which is not tax - qualified. I. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life Insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 17. Debarment and Suspension. The recipient agrees not to award federal funds under this program to any party which Is debarred or suspended from participation In Federal assistance programs. 18. Employment Eligibility. The recipient agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment Eligibility Verification Farm (1 -9), This form is to be used by recipients of federal funds to verify that persons are eligible to work In the United States, 19. Whistleblower Protection The recipient agrees not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing Information that he or she reasonably believes Is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competltlon for or negotiation of a contract) or award. The recipient also agrees to provide to their employees In writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendix F In the Award Owner's Manual for a full text of the statute. 20, Mandatory Disclosure. Recipients and subreclpients must timely disclose in writingto the COPS Office or pass - through entity, as applicable, all federal criminal lawviolations Involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Failure to make required disclosures can result In any of the remedies, including suspension and debarment, described In the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200,338 as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101. 21. Conflict of Interest. Recipients and subreclplents must disclose In writing to the COPS Office or pass- through entity, as applicable, any potential conflict of interest affectingthe awarded federal funding in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200.112 as adopted bythe U.S. Department of Justice in 2 C.F.R, § 2800.101. 22. Contract Provision Ali contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, (Appendix 11 to Part 200— Contract Provisions for Non - Federal Entity Contracts Under Federal Awards), as adopted by the U.S. Departmentof Justice in 2 C.F.R. § 2800.101. Please see appendix G in the Award Owner's Manual for a full text ofthe contract provisions. 23. Restrictions on Internal Confidentiality Agreements. No recipient or subreciplent under this award, or entitythat receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an Internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an Investigative or law enforcement representative of a Page 5 of 7 55B -8 U.S. Department of Justice Office of Community Oriented Pollcing Services 2016 COPS Hiring Program Award Terms and Conditions federal department or agency authorized to receive such Information. 24, Recipient Integrity and Performance Matters The Office of Management and Budget requires federal awarding agencies to include the following standard award term in all awards over $500,000 made on or after January 1, 2016: A. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement If the total value of your currently active awards, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that Is made available In the designated Integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described In paragraph 2. of this award term and condition. This is a statutory requirement under section 872 of Public Law 110 -417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111 -212, all information posted In the designated Integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report Submit the Information required about each proceeding that: a. Is In connection with the award or performance of an award, cooperative agreement, or procurement contract from the Federal Government; It. Reached Its final disposition during the most recent five year period; and C, Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined In paragraph S. of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined In paragraph 5. Of this award term and condition, that resulted In a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding If: i, It could have led to an outcome described in paragraphs 2.c.(1), (2), or (3) of this award term and condition; 11, it had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and iii. The requirement In this award term and condition to disclose Information about the proceeding does not conflict with applicable laws and regulations. Reporting Procedures Enter In the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2. of this award term and condition. You do not need to submit the Information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded, - 4. Reporting Frequency During any period of time when you are subject to the requirement In paragraph 1. of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new Information about any proceeding(s) that you have not reported previously or affirm thatthere Is no new information to report. Recipients that have Federal contract, award, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. Definitions For purposes of this award term and condition; a. Administrative proceeding means a non - Judicial process that Is adjudeatory in nature In order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or award. It does not Include audits, site visits, corrective plans, or inspection of dellverables. It. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of Page 6 of 7 55B -9 U.S, Department of Justice Office of Community Orlented Policing Services 2016 COPS Hiring Program Award Terms and Conditions competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active awards, cooperative agreements, and procurement contracts includes — (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2) The value of all expected funding Increments under a Federal award and options, even If not yet exercised, 25, Contragas and /or MOUs with other Jurisdictions, Sworn law enforcement officer positions awarded must be used for law enforcement activities or services that benefit your agency and the population that It serves, The Items funded under the CHIP award cannot be utilized by other agencies unless the Items benefit the population that your agency serves. Your agency may use Items funded under the CHP award to assist other law enforcement agencies under a resource sharing, mutual aid, or other agreement to address multi- jurisdictlonal Issues as described In the agreement. 26. Retention. At the time of award application, your agency committed to retaining all sworn officer positions awarded under the CHP award with state and /or local fiords for a minimum of 12 months following the conclusion of 36 months of federal funding for each position, over and above the number of locally- funded sworn officer positions that would have existed in the absence of the award. Your agency cannot satisfy the retention requirement by using CHP funded positions to fill locally- funded vacancies resulting from attrition. 27. Community. Policing; Community policing activities to be initiated or enhanced by your agency and the officers funded by this award program were Identified and described in your CHP award application. In sections VI(A) and (6), your agency developed a community policing plan for the CHP award with specific reference to a crime or disorder problem and the following elements of community policing: (a) problem solving —your agency's plan to assess and respond to the problem Identified; (b) community partnerships and support, including related governmental and community initiatives that complement your agency's proposed use of CHP funding; and (c) organizational transformatlon —how your agency will use the funds to reorient Its mission to community policing or enhance Its Involvement In and commitment to community policing. Throughout the CHP award period, your agency is required to Implement the community policing plan it set forth in the CHP award application. The COPS Office defines community policing as a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem - solving techniques to proactively address the Immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. CI4P awards through the specific officers funded (or an equal number of redeployed veteran officers) must be used to Initiate or enhance community policing activities. Ali newly hired additional or rehired officers (or an equal number of redeployed veteran officers) funded under CHP must Implement your agency's approved community policing plan, which you described in your award application. 28. Locpl Match. Recipients are required to contribute a local match of at least 25 percent toward the total cost of the approved award project, unless waived in writing by the COPS Office. The local match must be a cash match from funds not previously budgeted for law enforcement purposes and must be paid during the award period, The local match contribution must be made on an Increasing basis during each year of the three -year award period, with the federal share decreasing accordingly, 29, School Resource officer (SRO) Training Requirement. COPS- funded SRO(s) are required to complete a National Association of School Resource Officers ( NASRO) basic training course no later than nine months after the date shown on the award congratulatory letter. If a COPS- funded SRO leaves the recipient agency after completing the NASRO training, the recipient agrees to pay for the new SRO, who Is assigned to bacltflll this position, to attend a NASRO basic training course. The new SRO must complete the training no later than nine months after being placed In the school. Page 7 of 7 55B -10 Award Document Supplement 2016 COPS Hiring Program (CHP) By signing the Award Document to accept this COPS Hiring Program (CHP) award, the recipient agrees to abide by the following Special Award Conditions and /or High Risk Conditions: Special Award Conditions Advancing Department of Justice Priority Crime Problem Awards Your agency has been selected for a COPS Hiring Program (CHP) award to address a particular Department of Justice priority crime problem/focus area, based specifically on your CHP award application's community policing plan to improve your agency's public safety response to the critical issues of School Based Policing through School Resource Officers (SRO), Gun Violence, Homeland Security, Building Trust or Homicide Redaction. Please be advised that, in accepting this award, your agency is agreeing to this Special Condition to its CHP award that requires your agency's COPS - funded officers (or an equivalent number of locally - funded officers) to initiate or enhance your agency's community policing plan to address one of the priority crime problems identified above. By signing the 2016 CHP award, your agency understands and agrees to the following: • Your agency will implement the one specific community policing plan identified in your CHP award application; • Your agency will address its specific priority crime problem throughout the entire CHP award period; • Your agency will implement any organizational changes identified in its CHP award application in Section 6B, Questions 12 and 13; • Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is initiating or enhancing its community policing efforts to address its priority crime problem, which may include your agency having to respond to additional or modified reporting requirements. Memorandum of Understanding Requirement (School -based Policing through School Resource Officers Focus Area Only) By signing the 2016 CHP award, recipients using CHP funding to hire and /or deploy School Resource Officers into schools understand and agree to the following: • Your agency must submit a signed Memorandum of Understancling (MOU) between the law enforcement agency and the school partner(s) to the COPS Office before obligating or drawing down finds under this award. The MOU must be submitted to the COPS Office within 90 days of the date shown on the award congratulatory letter. • Your agency's MOU must contain the following information; 55B -11 • The purpose of the MOU • Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing officers' roles on safety • Information sharing • Supervision responsibility and chain of command for the SRO • Signatures Note: Please refer to the MOU Pact Sheet for a detailed explanation of the requirements under each of the bullets • Your agency's implementation of the CHP award without submission and acceptance of the required MOU may result in expenditures not being reimbursed by the COPS Office and/or award de- obligation. 55B -12 EXHIBIT 2 RESOLUTION NO. 2016 -XXX 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. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On June 21, 2016, the City Council passed and adopted Ordinance No. NS -2900, establishing the City's Budget and authorizing position allocations for Fiscal Year 2016 -2017, The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. On March 18, 2014, the City Council adopted the 5 -year Santa Ana Strategic Plan. This plan established specific goals, objectives and strategies to guide the City's major efforts during the next five years. C, To assist the City in meeting Santa Ana Strategic Plan Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), and Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions), the Police Department applied for and received a grant award from the Office of Community Oriented Policing (COPS) Hiring Program in the amount of $1,250,000. The terms of the Grant contain numerous guidelines and requirements with which the Department must comply. D. The Police Chief proposes to add ten (10) full time Police Officer positions to the Police Department's budget to comply with the requirements of the COPS Hiring Program Grant, E. It is now desired to amend the Adopted Budget for Fiscal Year 2016 -2017, as amended, to effect this change. Section 2: That Ordinance No. NS -2900, the Annual Budget for Fiscal Year 2015 -2016, as amended, shall be further amended by adding ten (10) full time Police Officer positions in the Police Department, at the monthly five -step salary rate range as indicated: Resolution No, 2016 -xxx Page i of 3 55B -13 S -Step SaI� Rate Range Effective 07/01!15 Monthly Salary Classification Title SRR Minimum - Maximum Police Officer 700 $6353 - $7723 Section 3: That except as amended by this Resolution, all other provisions of Ordinance No. NS -2900 setting forth the Annual Budget for Fiscal Year 2016 -2017, as amended, shall remain in full force and effect. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 15th day of November, 2016, APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:�_It9.�8trx� Laura A. Rossini Senior Assistant City Attorney AYES: COUnclimembers NOES: Councilmembers ABSTAIN: Councilmombers NOT PRESENT: Councilmembers ReeolUtlon No. 2015 -xxx Page 2of3 Miguel A. Pulido Mayor 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 - to be the original resolution adopted by the City Council of the City of Santa Ana on November 15, 2016. Date: 55B -15 Clerk of the Council City of Santa Ana Resolution No.201b -xxx Page 3 of 3 55B -16 RESOLUTION NO. 2016 -XXX 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. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On June 21, 2016, the City Council passed and adopted Ordinance No. NS -2900, establishing the City's Budget and authorizing position allocations for Fiscal Year 2016 -2017. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. On March 18, 2014, the City Council adopted the 5 -year Santa Ana Strategic Plan. This plan established specific goals, objectives and strategies to guide the City's major efforts during the next five years. C. To assist the City in meeting Santa Ana Strategic Plan Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), and Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions), the Police Department applied for and received a grant award from the Office of Community Oriented Policing (COPS) Hiring Program in the amount of $1,250,000. The terms of the Grant contain numerous guidelines and requirements with which the Department must comply. D. The Police Chief proposes to add ten (10) full time Police Officer positions to the Police Department's budget to comply with the requirements of the COPS Hiring Program Grant. E. It is now desired to amend the Adopted Budget for Fiscal Year 2016 -2017, as amended, to effect this change. Section 2: That Ordinance No. NS -2900, the Annual Budget for Fiscal Year 2015 -2016, as amended, shall be further amended by adding ten (10) full time Police Officer positions in the Police Department, at the monthly five -step salary rate range as indicated: Resolution No. 2016 -xxx Page t of 3 55B -17 5 -Step Salary Rate Rance Effective 07/01/15 Monthly Salary Classification Title SRR Minimum - Maximum Police Officer 700 $6353 - $7723 Section 3: That except as amended by this Resolution, all other provisions of Ordinance No. NS -2900 setting forth the Annual Budget for Fiscal Year 2016 -2017, as amended, shall remain in full force and effect. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 15th day of November, 2016. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: C1rfA.t�j c� 1� bit rv� Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2015 -xxx Page 2 or 3 Miguel A. Pulido Mayor 55B -18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -_ to be the original resolution adopted by the City Council of the City of Santa Ana on November 15, 2016. Date: 55B -19 Clerk of the Council City of Santa Ana Resolution No. 2016 -xxx Page 3 of 3 55B -20 a - CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: ADOPT BY -LAWS FOR THE WORKFORCE DEVELOPMENT BOARD (STRATEGIC PLAN NO. 2,4A) CITE Y MAKAGER CLERK OF COUNCIL USE ONLY: F00:• O" ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2ne Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUER TO FILE NUMBER Adopt the bylaws for the Santa Ana Workforce Development Board. WORKFORCE DEVELOPMENT BOARD RECOMMENDATION At its Special meeting on October 27, 2016, by a vote of 13:0 (Elliot, Knitter, Lewis, McGowan, Perez, Pwinica, Rose, and Wadhera absent) the board recommended that City Council adopt the bylaws for the Santa Ana Workforce Development Board. DISCUSSION Adoption of the Santa Ana Workforce Development Board bylaws will meet requirements established by the recent passage of the Workforce Innovation and Opportunity Act 2014 (WIOA), which superseded the Workforce Investment Act of 1998 (WIA). The passage of WIOA requires changes to board membership, refers to workforce boards as development boards with an expanded role in local regions and provides guidance regarding committee structure. At the May 25, 2016 meeting of the newly created Workforce Development Board (WDB) an ad hoc committee was formed. WDB members Lee McMurtray, Stacey Sanchez, and Bob Tucker volunteered to review the previous bylaws under WIA and oversee the development of new board bylaws that is compliant under WIOA. Specific changes made from previous bylaws were as follows: • Changing the Federal law that is responsible for designating local boards from the Workforce Investment Act (WIA) of 1998 to Workforce Innovation and Opportunity Act (WIOA) of 2014; • Changing the name of the local board from Santa Ana Workforce Investment Board (WIB) to Santa Ana Workforce Development Board (WDB); 65A -1 Adopt by laws for the Workforce Development Board Page 2 • Reducing the number of required members of the local board from 35 to 25 members and revising the representation categories as outlined in the law; • Reducing the committees from five to four and renaming the board committees STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #2 - Youth, Education, Recreation, Objective #4 (Partner with groups and organization to promote education, senior services, job training and development for all Santa Ana residents), Strategy A (Partner with The California Endowment, Santa Ana College, Chapman University, UCI, CSUF and other institutions of higher education to design career pathway programs that support priority workforce industries [Retail, healthcare, manufacturing, renewable energies] that results in faster reemployment of Santa Ana's residents). FISCAL IMPACT There is no fiscal impact associated with this action. DS /If Exhibit: 1. Bylaws 65A -2 BYLAWS SANTA ANA WORKFORCE DEVELOPMENT BOARD Article I. Creation of the Workforce Development Board The Governor of the State of California, pursuant to the Workforce Innovation and Opportunity Act of 2014, hereinafter called the ACT or WIOA, Public Law H.R. 803, has designated the City of Santa Ana as a local Workforce Development Area for the operation of comprehensive workforce development system activities, and provides funding thereto. The federal and state rules and regulations promulgated pursuant to the Act require the establishment by the chief elected official, and certification by the Governor, of a local Workforce Development Board, to set polity for that portion of the statewide workforce development system within the local workforce development area, the City of Santa Ana. Having been duly established by Resolution No. 2016 -031 and certified by the Governor, the Santa Ana Workforce Development Board, hereinafter known as the WDB, does hereby establish and ordain these Bylaws, for the purpose of providing operational authority for the WDB. Article I. Purpose Section I. The functions of the WDB shall be performed in partnership with the Santa Ana Mayor and City Council for providing planning and oversight for the comprehensive workforce development programs throughout the local Workforce Development Area. The WDB shall promote and lead efforts to engage a diverse range of employers and entities in the area to support utilization of the local workforce system and to ensure that the workforce activities meet the needs of employers and employees that will support economic growth in the area in accordance with the Act, Section 107(d)(4). Section 2. The purpose of the WDB shall also be to oversee a local cooperative relationship with the City that will most effectively satisfy the labor demand needs of the business community and enhance the economic well -being of individuals in need of workforce services. Article III. Functions of the WDB Section I. The WDB, in partnership with the City, shall provide policy guidance for and exercise oversight with respect to activities contained in the local Workforce Development Plan and work cooperatively with the Workforce Region in the development and implementation of the Regional Workforce plan. EXHIBIT 1 65A -3 Article IV. Page 2 of 8 Section 2. The WDB shall approve, and refer to the Santa Ana City Council for concurrent approval, an effective local and regional Workforce Plan that will provide a coordinated mix of services that best meet the workforce needs of the local labor market. The WDB and the City shall jointly submit the Local and Regional Plan to the Governor of the State of California. Section 3. The WDB shall establish performance criteria and provide oversight of the activities conducted to ensure their efficient and effective operation. Section 4. The WDB will direct activities designed to actively solicit public and private support for, and participation in, WIOA programs. Section 5. The WDB shall perform other functions and duties as required by WIOA or the State of California in implementing legislation and /or Executive Orders and shall act in accordance with the Act. WDB Membership Section I. The WDB members shall be nominated by representing organizations from their respective categories and appointed by the Santa Ana City Council. Section 2. The WDB shall have up to twenty -five (25) members, with members in the various categories as required by law, as amended from time to time (WIOA Section 107 (b)(2)(A)). Additional members representing the business community may be added to the Board at the discretion of the WDB and approval by City Council. A majority of the members shall be representatives of business who are owners of businesses, chief executives or operating officers of businesses or other business executives or employees with optimum policy making or hiring authority. At a minimum, the membership shall include thirteen (13) business representatives and twelve (12) at large representatives from the following groups: Adult Education & Literacy WIOA Title II (1 member) Institution of higher education (1 member) Organized Labor (4 =16 %) (4 members) Community -Based Organizations (1 member) Title I Rehabilitation Act (1 member) Wagner - Peyser Act (1 member) County Welfare Agency /Cal Works (1 member) Local Education Agency /School Board (1 member) Economic & Community Development (1 member) Section 3. The constituent membership of the WDB may be changed through additional appointments by the Santa Ana City Council if ratified by 65A -4 Article V Page 3 of 8 a 2/3 vote of the WDB. Section 4. Membership shall be for four (4) years with the exception that original membership shall be staggered with one -third of the members serving for two, three or four year terms. The length of term shall be determined by lot. Section 5. Appointment to unexpired terms shall be made by the Santa Ana City Council and the successor shall serve out the remainder of the term of the original appointment. Section 6. An excused absence shall be recorded in the WDB minutes when a WDB member or his designee notifies the WDB secretary at least 24 hours in advance of the scheduled WDB meeting. Section 7. If a member absents himself from two (2) regular meetings, consecutively, unless by permission of such board expressed in its official minutes or fails to attend at least one -half (1/2) of the regular meetings of such board or commission within a calendar year or is convicted of a crime involving moral turpitude, the office may become vacant and may be declared by the city council. Also see Article IX for Removal of Members. WDB Officers Section I. The WDB shall have a Chairperson, a Vice - Chairperson and a Secretary- Treasurer. The Chairperson and Vice - Chairperson shall be elected annually for a one -year term, said term to be on a fiscal year basis. The WDB shall conduct an election for, and select persons for said positions during the last quarter (April, May, June) of each fiscal year. These positions shall be filled by membership among the representatives of business and industry. The Vice - Chairperson shall act on behalf of the Chairperson during the Chairperson's absence. In the event a WDB officer resigns from the Board during their term of office, the full Board, at its next regularly scheduled meeting shall elect a qualified WDB member to serve the remaining term of the office. The Administrator of the Workforce Development System shall serve as Secretary- Treasurer of the WDB. The Secretary- Treasurer shall have the authority to sign all documents previously approved by the WDB on behalf of the WDB. The Secretary- Treasurer shall not be a member of the WDB and shall have no voting privileges on the WDB. Section 2. The Chairperson shall appoint all standing committee chairpersons, subject to ratification by the WDB or the Chairperson may be elected by the committee. The Chairperson, in concert with the Executive Committee, shall appoint all members to standing committees. Section 3. The Chairperson shall set the agenda for WDB meetings, preside at all meetings of the WDB and in general perform all duties 65A -5 incident to the office as directed by the WDB. In the absence of both the Chairperson and Vice - Chairperson, the Secretary- Treasurer or designee shall open the meeting and call for nominations of a Chairperson for that specific meeting. Article VI. Executive Committee Page 4 of 8 Section I. There shall be an Executive Committee comprised of the Chairperson; Vice - Chairperson, the immediate past- Chairperson, if a current WDB member; and the Chairpersons and Vice - Chairpersons of both the standing and ad hoc committees as specified in Article VII. The Secretary/ Treasurer shall serve as an ex- officio, non - voting member of the Executive Committee. Section 2. The Chairperson of the WDB shall serve as the Chairperson of the Executive Committee. Section 3. The Executive Committee shall meet as deemed necessary by the Chairperson and the WDB. Section 4. The purpose of the Executive Committee shall be to: a) Provide recommendations regarding regular agenda items of the WDB as deemed necessary by the Executive Committee or WDB; b) consult with WDB support staff; c) formulate policy recommendations concerning all aspects of the Board's responsibilities and the Workforce Development System's operation for consideration and action by the WDB; maintain the Bylaws and develop /submit necessary modifications of the Bylaws to the WDB for approval; and, d) complete activities contained in the WDB local Plan and act as a clearinghouse for all of the committees of the WDB by reviewing and making recommendations on all items to be presented to the full WDB; develop a communication plan to provide continuous communication with local, state and federal elected officials and the press to promote successes and encourage WDB members to communicate regularly with local elected officials. Section 5. Whenever appropriate, due to time constraints or other factors, the Executive Committee shall have decision - making authority on behalf of the WDB. Such actions taken by the Executive Committee shall be ratified by the WDB at its next regularly scheduled meeting. Such actions shall be noticed to all WDB members within seven (7) working days. In the event a WDB member takes exception to said action of the Executive Committee, the Chairperson shall convene a special meeting of the WDB to resolve the 65A -6 issue. Article VII. Standing Committees of the WDB Page 5 of 8 Section I. The standing committees of the WDB are: the Youth Council Committee, the Business Resources Committee and the Program Oversight and Performance Committee. The Chair shall appoint the chair of each standing committee from amongst members of the WDB in good standing. The chair of each standing committee shall, with the concurrence of the WDB Chair, appoint the members of each standing committee. Every member of the WDB is encouraged to participate as a member of at least one standing committee. WDB members may volunteer for committee participation or are assigned by the WDB Chair. Non -WDB members may actively participate on standing committees per WIOA Section 107(b)(4) at the invitation of the WDB Chair or Committee Chair, including voting privileges at the committee level, but shall have no voting privileges on the WDB Section 2. Standing committees shall meet as established by the committee or as deemed necessary by the Committee Chairperson to conduct the business of the committee Section 3. The Chairperson of each standing committee shall be a member of the WDB, and be elected by the members of the individual committee. The Executive Committee shall oversee seating of all members of standing committees toward a goal of a mix of public and private members and avoidance of a real or perceived conflict of interest. Section 4. The Committee Chairperson shall select a Vice - Chairperson from among the WDB members assigned to the committee. The Committee Chairperson and Vice - Chairperson shall each be members of the Executive Committee. The Vice - Chairperson shall chair the committee, and perform other duties as necessary, in the absence of the Chairperson. Section 5. Every member of the WDB is encouraged to actively participate as a member of at least one (1) standing committee. WDB members may select committee participation, or are assigned by the Executive Committee. Non -WDB members may actively participate on standing committees at the invitation of the Committee Chairperson, including voting privileges at committee level, but shall have no voting privileges on WDB. Section 6. Other ad -hoc committees may be created by the WDB Chairperson for such particular purposes as may be deemed necessary or desirable to enhance or assist the WDB in carrying out its functions and furthering the purposes of WDB. 65A -7 Article VIII. Meetinq Procedures a. The WDB shall hold at least four regular meetings each fiscal year. The dates upon which and the hour and place at which any regular meeting shall be held and set annually and a copy of the yearly meeting schedule shall be filed with the City. b. All meetings of the WDB including without limitation, regular, adjourned regular, and special meetings shall be called, noticed, held and conducted in accordance with the Ralph M. Brown Act, Chapter 9, Division 3, Title 5 of the California Government Code commencing with Section 54950 C. Chairperson of the WDB shall cause to be kept minutes of the regular, adjourned regular and special meetings excepting closed sessions and once minutes are approved cause a copy of the minutes to be posted on the website and made available to any interested party making a special request therefore. d. The majority of the WDB members (13 of 25 seats) shall constitute a quorum for the transaction of business. e. Special meetings of the WDB may be called by the Chairperson or by the signed petition of one -third of the members of the WDB. f. The WDB will conduct its meetings according to Robert's Rules of Order, except where Robert's Rules of Order conflict with these Bylaws, in which case these Bylaws shall apply. Section 2. Voting Privileges a. Each member shall be entitled to cast one vote. b. The presiding Chairperson shall cast a vote only if it is required to resolve a tied vote. C. No member of the WDB or voting member of a WDB committee appointed by the Board shall cast a vote on any matter in which it has direct bearing on services to be provided by that member or any organization, which such member represents or that would provide direct financial benefit to such member or the immediate family of such member. d. WDB members and voting members of a WDB committee appointed by the Board shall comply with all requirements of State and Federal Law representing conflict of interest and financial disclosure, as applicable and as specified in the State Plan. Article IX. Removal of Members Page 6 of 8 65A -8 WDB members may be removed by the City Council for cause upon the initiative of the City Council or upon consideration of removal recommendations from the WDB: a. For the member's violation of the Conflict of Interest Code or conviction of a crime involving moral turpitude, or failure to complete or declare applicable financial disclosure. b. When the member ceases to be representative of the category for which appointment was made. C. For the member's failure to meet attendance requirements (Article IV., Sec. 7). d. For the member's refusal to report to or consult with the member's appointing authority. Article X. Reimbursement WDB members shall be reimbursed for their necessary and actual expenses incurred in the performance of their duties connected with the activities or responsibilities under the Act, State of California implementing legislation and /or Executive Orders in accordance with the approved travel and expense policy of the City of Santa Ana. Article XI. WDB Bylaw Adoption and Amendments to Bylaws According to Robert's Rules of Order, the Bylaws may be amended as follows: a) Previous notice, then a 2/3 vote of approval by those present and voting at the meeting; "Previous notice" means that notice of the proposal to be brought up, at least briefly describing its substance, must be announced at the preceding meeting or must be included in the agenda that is distributed to all members of the organization a reasonable time in advance of the meeting. Article XI I. Severability Page 7 of 8 Should any part, term, portion or provision of these Bylaws be decided to be in conflict with any law or otherwise unenforceable or ineffectual, the remaining parts, terms, portions or provisions shall be deemed severable and their validity shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the 65A -9 provisions that the members intended to enact in the first instance. Article XIII. General Provision Nothing in these Bylaws shall be construed to take precedence over Federal, State or local laws, or regulations, or to constrain the rights, or obligations of the City. WDB Adopted xx /xx/xxxx City Council Approved xx /xx /xxx Page 8 of 8 65A -10 CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: POLICE DEPARTMENT JANITORIAL SERVICES {STRATEGIC PLAN NO. 1, 3A} CIT 3ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ,.. "O _' ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Review and select an option regarding the Police Department's Janitorial Services Request for Proposals (RFP) from the options listed below: A. Issue an RFP for Police Department janitorial services that requires all proposers to bid union wages and benefits B. Issue an RFP for Police Department janitorial services that allows proposers to bid either union or non -union wages and benefits 2. Authorize the City Manager and Clerk of the Council to execute a month -to -month agreement with Santa Fe Building Maintenance for the maintenance of Santa Ana Police Department facilities, for the period beginning October 1, 2016, in the monthly amount of $32,702.62, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In 2013, the Police Department completed an RFP process for janitorial services. During this RFP process, the Police Department accepted proposals from both union and non -union contractors. On May 20, 2013, the Police Department entered a three -year agreement with ABM Onsite Services, a union contractor. After the first year of the agreement, ABM Onsite Services terminated the agreement after expressing a loss in revenue on the Police Department contract as a result of union health and welfare rate increases. In order to continue janitorial services at the Police Department, on September 30, 2014, the Police Department entered into a two -year agreement with Santa Fe Building Services, a non- union contractor, as they were subsequent bidders in the 2013 procurement. Before 65B -1 Police Department Janitorial Services November 15, 2016 Page 2 commencing this two -year agreement with Santa Fe Building Maintenance, staff received feedback from the Service Employees International Union (SEIU), which represented the ABM Onsite Services employees, recommending that the Police Department contract with a unionized janitorial services company. The Police Department will be drafting a new RFP for janitorial services over the next year. Staff estimates that the cost of a union contract will be approximately 15 percent higher than a non- union contract. The current base annual cost for the Police Department janitorial services agreement is $376,497. It is requested that Council provide direction for the new janitorial services RFP regarding union /non -union contractor selection. In addition, staff recommends a new month -to -month agreement that will provide for janitorial services while the RFP process is being completed. Staff has met with representatives from Santa Fe Building Maintenance, who have agreed to a month -to -month extension, exercising the terms and scope of work as specified in the current agreement. Santa Fe Building Maintenance is requesting a $1,327.90 per month increase, increasing the base monthly amount from $31,374.72 to $32,702.62. Santa Fe Building Maintenance has been performing well during the term of their agreement and staff recommends approval of this new month -to -month agreement. 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 for this agreement are available in the Police Department's Buildings and Facilities contract services account (no. 01114403 62300) for the following fiscal years: FY 2016 -17 Exhibit: 1. Agreement $32,702.62 per month APPROVED AS TO FUNDS AND ACCOUNT: �t �-,,r i VX Francisco Gutierrez ` Executive Director Finance and Management Services Agency 65B -2 JANITORIAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 15`x' day of November, 2016 by and between Santa Fe Building Maintenance (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of providing janitorial services to the Santa Ana Police Administration, Detention Facilities, and surrounding grounds. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide janitorial services for the Santa Ana Police Administration and Detention Facilities and surrounding grounds, as set forth in City's Janitorial Maintenance Request for Proposals #13 -015, dated April 15, 2013, on file with at the Santa Ana Police Administration, of which section 4.0 and 5.0 are attached hereto as Exhibit A and Contractor's Proposal, dated April 12, 2013, attached hereto as Exhibit B and all exhibits are incorporated by reference. 2. COMPENSATION a. (1) 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 sum to be expended under this Agreement, shall not exceed $32,702.62 a month over the term of this Agreement. The total cost of this Agreement over the term shall not exceed $392,431.44. (2) Invoices shall be submitted by Contractor for payment on a monthly basis. b. hrvoices: Upon delivery and receipt of invoice, the City shall pay thirty (30) days after date of invoice and upon the approval of services by the Police Administrative Manager or designee. Monthly invoices, submitted in duplicate, shall be mailed to: L• RW Robert Carroll Police Administrative Manager Santa Ana Police Department 60 Civic Center Plaza P.O. Box 1981 Santa Ana, CA 92702 3. TERM This term of this Agreement shall be for month -to- month, commencing on October 1, 2016 and terminating when either the funds are exhausted or one of the parties gives written notice of termination in accordance with Section 12 below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services, Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. 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 hilly executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. L• b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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 (3 0) days prior written notice to the City. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the tight to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. L• 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 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 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 terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY I£ Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. S. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not acquire any interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. No persons having such interest shall be employed by or associated with Contractor. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the ma>mer 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 number (714) 647 -6956 With courtesy copies to: And Chief of Police Santa Ana Police Department City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Fax number (714) 245 -8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax number (714) 647 -6515 To Contractor: Santa Fe Building Maintenance 15644 Palomino Drive Chino Hills, California 91709 Fax number (909) 606 -6469 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, any communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission . report issued by the transmitting fax machine, addressed as set forth above. For purposes of 65B -7 calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto including the Request for Proposal referenced herein, 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any patty, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Chief of Police may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by taw, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate, b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. L• w • 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15, COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all sot-vices pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. Contractor shall comply with Labor Code Sections 1060 -1064, the "Displaced Janitor Opportunity Act." Among other things, this Act states that "a successor janitorial services] contractor or successor subcontractor shall retain, for a 60 -day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the tenminated contract." Contractor is advised to review the Act in its entirety. L• 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: dcm'tJ& A is Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOS ROJAS Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR SANTA FE BUILDING MAINTENANCE Bv: s 65B -10 Irinco Nunez General Manager iEXHIBIT A 65B -11 RFP 13.015 4,0 OTHER GENERAL CONDITIONS 4.1 Point of Contact' The Proposer's on -site Supervisor or designee shall be, the primary point of contact with the Santa Ana Police Administration Manager or deslgnec. During times when the Proposer's supervisor is not on -site, the point of contact shall be the Proposer's Agreement Administrator. The on -site Supervisor and Agreement Administrator shall be capable of communicating the English language (read and understand), to facilitate a clear understanding between the Polico Administration Manager, or designee. The Agreement Administrator, or designee, shall be available via cell phone during the Proposer's normall business hours. The Proposer shall provide an emergency telephone number that will be answered 24 hours a day, 365 days a year. The Santa Ana Police Administration Manager or designee shall have authority to direct the Proposer's performance in matters relating to policy, Information and procedural requirements. The Police Administration Manager shall also monitor the Agreement and the performance of the 'Proposer. The Proposev's Agreement Administration shall be responsible for management and coordination of tine agreement and shall act as the administrative point of contact with the City. 4,2 lira nwnunce Rea 'rei �mamtes: The cleaning of all facility areas, furnishings, fixtures and equipment covered by this RFp shall be performed in a safe, complete, and scheduled manner for which eaolm item and surface was designed. The work shall include preventive and corrective maintenance, cleaning, inspection, and notification AL' services shall be performed in a manner that is minimally disruptive to normal facility operations. The Police Administration Manager shall approve any shutdown of areas or systems for maintenance in advance. The City reserves the right to seek services from other resources if the Proposer does not respond in the time frames described in the RFP to meet any maintenance work needed, The cost of such alternate services shall be deducted from the City's payment to the Proposer. 4,3 / r_Pr'oxitie : in performing the work, the Proposer ehaii consider in priority ordor, the fallowing items: 1. occupant surety, which is the safety of staff, visitors, inmates, slid other persons at the site, 2. Maintenance to be performed in a high quality manner to provide a clean and and bealthy workplace all the dine, Proposer's furnished equipment shall be in good working condition at all times. proposer's furnished cleaning chemicals, supplies, carts, and equipment shall be on -hand at all times to moot the needs of the cleaning staff and mast be approved by the Police Administration Mwmager, and must be quality commercial brands. g 65B -12 RF'P B-W 4.4 General Security Reauirer ; The Proposer shall furnish identifiable uniforms and employce identification cards for their employees. Employees are required to wear uniforms and l.D, cards, in plain view, whenever working on -site. The Proposer, upon request by the Police Adm nlstratioa Manager, shall remove From the promises employees who, in the opinion of the Police Department, have exhibited improper conduct or are not performing the work assigned. Employees shall be required to have a criminal record check and be approved by the Police Department's Personnel Division prior to workm on -site, This also includes any "on call staf4"used by the Proposer. 4.5 $reelfio Security Reouirements: The following security requirements shall be in effect at all times. Failure to abide by any of these items by any employee may result in removal from the facility and or criminal charges, 1, Background Investigation- All Proposer's personnel who work is or visit/inspect (unescorted) the facility shall successfully complete a background investigation conducted by the Santa Ana Police Department before beginning work. At least forty - five (45) days prior to an employee beginning work, the Proposer shall submit the following information to the Police Department Personnel Division; First Name, middle name, last name Date of birth Current residence address Photocopy of valid government Issued photo Identification Photocopy of valid Social Security Card Proof or U.S, citizenship or legal work status The Proposer shall insure die employee candidate meets with the designated Police Department Personnel Division background investigator in a timely manner so the background process can begin. The Proposer shall be notified when the background has been completed, thus clearing the employee to begin work on -site. The Proposer shall ba notified of any employees that are refused for employment within the facility. 2, Pacflity Security- During their first week of working on -site, the Police Administration Manager shall give each employee a copy of the Santa Ana Police Facility Security Rules (Attachment 1), which the employce will read and sign. This form shalt be maintained by the Property Administration Manager. All tools, equipment, parts and other Items used by the Proposer at the fail Facility shall, at all times, remain in the direct possession and control of the Proposer's employees, Failure to adhere to these requirements, such as leaving a tool in an inmate accessible area, shall be considered a breach of security. This shall result in subsequent action by the Police Department, up to and Including the removal of the involved Proposer's employee from the facility and /or criminal charges. 3. Facility Access• The Police Department front desk staff shall .issue keys and access card to each on -site employee at the start of each assigned work shift. No issued keys or UP 13.0!5 access cards shall be removed from the premises during the work day. Bach employee shat' return their issued keys and access card immediately at the end of thew assigned worts shift to the Police DeparUtwnt front desk staff'. The Proposer's employees wall adequately secure the keys on their person while on, site. Items that become lost, missing, or stolen shall be Immediately reported by the Proposer's emptcyves or Supervisor to the Police Achninlstradon Manager, The Proposer shalt reimburse the Police Department for direct and indirect costs associated with re-keying any buildings or portions of buildings when the Police Department determines that a breach of security is a result of lost, misplaced, or stolen keys issued to the Proposer's employees. 4, k tnolovee r ins• Free public parking is almost non-existent surrounding the police facility. There is a stadium parking structure across from the police facility, which charges nn hourly, daily, or monthly Nee for parking. Proposer shall be responsible for providing parking for their employees and paying any necessary fees. There is no on-site; police parking avatlable, S. New Employee Uniform• will be provided by the Proposer, including shirts and must project a professional appearance. s,o SCOPE Or SERVICES, EQUIPMENT & SUPPLIES S.i _pr�uiprncnt & tlool;• finished by Proo29er: The Proposer shall provide all cleaning appliances, tools, (f.a.: vacuums, mops, carts, floor potishcrs, ladders, signs, etc.) and all cleaning chemicals, urinal screens and cakes, rags, sponges, vacuum bags, trash can liners, soap - dispensed cleaners, sanitary napkin's, and nliscellancoul supplies. All supplies will be ordered and delivered in a timely manner, Trash can liners shall be black or clear in color, To Insure proper strength to avoid leaks and spills, liners shall be a minimum of, 1.0 mil thick for 39 gallor, or less receptacles and a minimum of 125 mil thick for liners 40 gatlons or more, Carpet warranty specifications, marble and granite warranty specifications, and occupant [watch mandate the following vacuum, floor scrubber, and carpet extractor equipment specifications (no substitutions), All HBPA filter replacements, vacuum bags, floor bushes and pad holders, scrubbing and polishing bomrets, and associated items, attachments and solvents /cleaners, shall be furnished by the Proposer. 1. pproved unris~ht vacuums: Vacuum Cleaner Pacer 112 Lit' with 1IEPA filtration or similar 2. Approved epgister vacuum: Mighty Canister Vacuum or similar 3. Apt ovgd wide, area yacuur : Nililsk Advance Carpetrlever 28 or similar to 65B -14 i REP 13�015 A total of eight (8) new upright vacuums, three (3) new canister vaouums and three (3) now wide area vacuums shall be supplied by the Proposer for the on-site staff to use an a lull time, basis, the day the initial contract begins. Four (4) new upright vacuums, one (1) new can stor vacuum, and one (1) new wide area vacuum shall also be supplied by the Proposer at the start of each subsequent contract renewal year. 4. Carpet Extractor: One (1) self- contained hoc water extractor shall be supplied and used for any carpet cleaning, which has a minimum of 100 psi water pressure through the injection nozzles, a reel-typo Soft bristled agitation brush and a water lift of 130 inches. Make and model shall be submitted before the initial contract begins, by the Proposer for approval by the Police Administration Manager, but must meet the above specifications. 5, Automatic Walk Behind Floor Scrubber: One (1) self- contained automatic walk behind floor scrubber shall be supplied by the Proposer for the on -site staff to use on a full time basis, the day the initial contract begins. a. Nitflfsk Advance Convertamatic 24 or sirr tar 52 Items Furnished by Cttv: The only items furnished by the City shall be the supply of paper towels, toilet paper, and toilet seat covers. Items shall be located on the loading dock. 5,3 Soes rtc Intanance Tasks 5.3.1 Q trit l nn(Etg�d isinfectine of Drinklns Founut5 as S � S lip nova ali obvious soil, streaks, smudges, etc., from the hardwaro, including the spouts and dmia AF.et cleaning and disinfecting, the entire drinking fountain andlor sink (sink refers to all sinks in coffee rooms or lounges too shall be free of streaks, status, spots, smudgos, sctdc, and other removable soil, Oil is not to be used to polish metal fixtures. If needed, time away or a similar product Shall be used to eliminate water build -up. 5.32 Q.1 h Basills, Tollets Urin aJ- — nd - S- howers: Apply a germicidal detergent solution to ail surfaces of wash basic, toilets, toilet seat hinges, pipes, urinals, showers and adjacent surfaces. Dry all metal surfacos of faucets, handles, valves, etc. Shower wall, floor and soap scum, mold and mildew shall be removed daily anal drain screens cleaned of hair and lint, Oil is not to be used to polish mead fixtures. 513 natty Cl atrpb of Entrance N n Remove moisture, wet or dry soil, and any debris from carpeted entrance mats. Ensure mats are properly positioned on the floor. It 65B -15 RFP 13.015 5,3.4 PItily Cloanine of Floor Dra ns: Clean all floor drains and remove corrosion and tarnish. 5.9.5 Daily Vacunmina of Camels: Remove visible and hidden soil and debris from the, carpet surface and from wifhin the ompet pile. Chairs, trash receptacles, power cords, boxes, and other such items shall be tilted or moved when necessary. Special attention shall be paid to corners and along walls, under and between furniture, to insure carpet is thoroughly cleaned in all areas. The carpet shall be free of all visible soil and liter. For noise reduction, which Is essential to the 911 emergency police dispatch operation, the built -in vacuum system supplied by tine police Department ME) be used when vacuuming the Police Communications area, 5.3.6 Floors: Remove soil, hair, dust and debris from non-carpeted floors. Trash receptacles and other such items shall be moved m necessary and raturned to their appropriate location. All accessible areas of the floor shall be damp mopped, Care shall be taken to prevent splash and mop marks from being visible on furniture legs, doors, etc., "Caution —Wet-Floor" signs shalt be placed so as to provide sufficient safety measures, Aftor a Poor has been damp mopped, It shall have no puddles water and be free of soil, stairs, debris, streaks, and swirl marks. All wet floor signs shall be removed and put away after the floor surface is dry. 5,17 Dsdl soal'ng of Toilets and Urinals: Remove scum, ruinoral deposits, rust stains, etc, 5.3.5 Lunchroom, and Looker Roams; Damp wipe and disinfect all non -wood hard surfaces of furniture, fixtures, walls, partitions, doors, and lockers. Special care shall be taken to lware these surfaces are not scratched, damaged, or stain. 53.4 bagy Vacuunynp_pf alt i'abrle, u larx air u o : Remove all dust, lint hair, litter, and dry soil from all fabric surfaces of chairs, couches, work station partitions, and other furniture with a fabric covering, i 5,1 1)Da ly Dust ng oC'� gnker Too &; Dust locker tops in dressing areas, storage roams, locker j rooms and maintenance areas. 5.3, 11 DgJ y Dns 'no�uildtna Strfaoes; Remove all dust, lint, litter, dry soil, etc., from the surface of ledges, window sill, locker tops, and fire extinguishers. This shall also be done for computer tops, wall and door frames and sills, Ught switches, pictures, partitions, rails, and other types of fixtures and surfaces which are not considered to be furniture surfaces. This also applies to specialty for specialty equipment such as test equipment, computers, typewriters, calculators, etc„ which are located anywhere between the floor surface, tip to nine (9) feet in height. Dusting shall be accomplished by the removal of soil From the area- not by moving it from one surface to another, This includes the cleaning of the atrium wood [edges. Dusting shall be completed using micro dusting Wipes. 12 65B -16 RFP 13.015 5.3.12 11Y Gp Z in of all Trash and Ash Raceotaclel; Al[ waste baskets, cigarette ash receptacles and other trash containers shall be emptied and returned to their [allied location. Boxes, cans, papers, and other containers marked "TRASH" (or are obviously trash) shall be removed. Ali waste from such receptacles shall be removed from the area and emptied Into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash . All recycle bottles and plastics will be picked up. 5.3.13 Dail geral C leanuge Remove any found litter and clean unsightly soil from building, f xturos, walls, door frames, and surfaces. Remove any spilled liquids or solids. , Remove carpet stains. Plot( up abandoned lunchroom trays or utensils and deliver them to the lunchroom, 5,3, i4 f�allyRaarraneln� f r Stu All furniture moved by the Proposer's employees during the performance of services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs shall be moved so cleaning can take place underneath them and then they shall be returned to their appropriate location, 5.3,15)a}Iv Refillii og f Digpensors: Chock and refill each toilet paper dispenser, soap dispenser, paper towel dispenser, toilet seat cover dispenser, and feminine hygiene product dispenser. The supplies shall be placed in the dispensers in accordance with the directions of the supply and dispenser manufacturers, Soap dispensers and adjacent surfaces shall be wiped to remove spillage. Care shall be taken not to damage, dent or bond the dispenser. 53,1GDa�1y Remov l of groat Char Upholstery & panel or Wall Fnbr c Stains.: Clean all stains as quickly as they are found, so as not to allow them to sot into the fabric. if the stain is a coffee spill, use product similar to Interface Coffee Breaker (supplied by Proposer) and follow manufacturer's recommended procedures. 2O—n—OtS—xWQLQrLhto Simply spray affected area. 5,3. t7 pails eoloygamont of Trash Reoeptaole Liners: All soiled or torn trash receptacto liners shall be placed with a now trash receptacle liner, The liner shall be replaced in such a manner as to present a neat uniform appearance. 53,18D011y S i p1t C[caning 4f Duildin rfa pa nr�regLd ixtureY: Remove smudges, rngerprints, marks, streaks, tape, etc, from the surface of ledges, windows, paititioa glass, window sills, fhe extinguishers, counter tops, walls, doors, door frames and s lls, pictures, partitions, rails, and other type of fixtures end surfaces Thus includes all items from ti floor surface fn l l feet in height. Ca e shall he takon not to permanently marLt, scratch or discolor the surfaces. 5.3.19Dai v Soot Cleaning o�Tixsir Race�tacles: Remove nonpermanent stains acid soil from the interior and exterior of trash receptacles. 13 RFP 13-)15 o "ce diary Jgill: Remove cobwebs from overhead surfaces and lights atAxod to the building entryway areas. This includes cleaning the exterior of glass and metal doors, door thresholds and hardware, Sweep the two (2) fourth floor p idus and wipe down their handrails and railings. Sweep or hose clown the paver area outside the Community Room entrance and wipe down the handrails outside the PD lobby, Tail lobby and Community Room. Remove any litter, cigarette butts, or bird droppings In these areas too. 5.3,21 DaiAX Qlo ardng of Entrance 41ps all Glasv Mirrors and Spot Cieapin f 0 ice ayd Workstation Glass: Clean both sides of all surrounding building entry door glass and entry doors far a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc. Remove any paper and tape. Clean all mirrors in restroom, locker rooms, and fitness center in the same manner as above. Spot clean office and work station glass as needed on a daily basis, Clean glass entrance doors to Police facility and Jail twice daily, 5.122 Daily Cleaning of _v'yt22wave pvena: Clean Inside and outside of all rniotowave ovens, removing crumbs and spills. 5.3.23 the xtdor front of the PD Community Room Jail and �ssigngd�oarking areasl: Empty trash receptacles and smoking urns in patio, balcony areas, and parking areas. Clean receptacles as needed each tlme. This includes receptacles that may be placed outside any entry doors, such as outside the front of the police department, jail and police community room, employee north entrance areas. 5.3.24 D @ice Breakdown of Cardboard Boxes: Cardboard cartons are to be'oroken down flat and put into the proper trash oontsiner, inoluding any boxes oa the loading dock. , 5.3.25, ai Soot Cleaning of Ceillun: Remove any toilet paper, cobwebs, dust buildup and other debris from the coding, ceiling vents and ceiling light fixture holders, .5.3.26 Daily Dusting of Walls and Canines: Remove all dirt, lint, litter, cob webs, dry soil, etc., I from walls and ceilings, 1: 5.3.27 Daily Cleaning of Wood lrurniture: Care shall be taken not to scratch or mark wood surfaces, while insuring that they have been thoroughly cleaned. 5.3.28 DaijyCleani Sg EF Fl g ess Center Sx sn . + i mam; Wipe down all metal to polish off shoe marks and sweat stains. Clean upholstery and wipe off shroud and side rails of the treadmills, as well as the consoles on all treadmills and other machines to remove sweat and stains. Clean tops of any rubber mats and under each treadmill by extra - vacuuming up the dust and black motor powder. 5.3.29 Dnily Safety and Precaudonary Measures; Secure work area std equipment to prevent passage by the general public and City staff, and denote it as such. Work area and 14 65B -18 RFP 13.015 equipment shall stay under that condition until work is complete, equipment is vacated, and passage Is safe by the general public and Police Department employees. The proper quantity and type of safety signs, such as "caution wet floor shall be placed by the Proposer's employees every time conditions exist that warrant such signs, Signs are to be picked up and stored in the proper Janitor room once the condition no longer exists to warrant such signs, 5.3,30V{g fly Clean Two (2,) Police Lunchroom Refrigoratom (one refrigerator — on Mondays, one refrigerator — on Fridays), Clean interior and exterior of refrigerator surfaces. Dispose of all food and temporary containers. Do not dispose of permanent containers, such as those made of class or metal. Empty contents of permanent containers, wash them and leave the permanent containers in the designated lunchroom area. 5.3.31 Weekly, Spray Buffing of Ea rd Ploo s; Clean and restore a uniform gloss and protective finish to resilient the or terrazzo floors that are fiaisbed with a floor finish. All chairs, trash receptacles, etc. shall be lilted or moved where necessary to spray buff underneath. The entire floor shall have a uniform, glossy appearance, free of scuff marks, 11661 [narks, and other stains, and shall be removed from baseboards, furniture, trash receptacles, etc. 53,32 Weekiv Dusting of Blinds and Draoefitu: Clean all blinds, shades, and draperies. Care shall be taken not to spread dust into the air. 5.3.33�y exec ^�DUgfln¢ Of Ceiling Atrium tadgeY 4uncllroom nr�wau ie-5ia2 • V6t3: Clean all PIVAC vents and area immediately surrounding them. Dust all atrium ledges at the glass /wood railing areas and at the atrium stairs. Dust lunchroom drywall ledges. Care shall be taken not to spread dust into the air, 5.334W ekl h Dustin : Remove dust, cobwebs, oily film, etc., from all fixtures and ! surfaces above 11 feet from the top of the floor. This includes lights, grills, lightfixtures, pipes, sprinkler system, cables, ledges, walls, atrium wood and ledges, ceilings, vents, etc. Care shall be taken not to spread dust into the air, Dust free products shall be used such as micro fiber dusting rags, ` 5.3.35 Monthly Vlaobine 5crubblha of 0 azni ila wt—d Sjone Floo4s: Deep cleaning to be performed in a manner to remove heavy stains, adidew and mineral deposits from the surface. After scrubbing, the surfaces shall be rinsed thoroughly to remove all remaining cleaning solution. After cleaning, the floor and grout shall have a uniform appearance free from film, minerals, depasks, corrosion stains, etc. Areas not accessible with the buffer sball be manually scrubbed with on abrasive pad, Apply sealer to tile areas, after machine scrubbing except in shower areas. 5,3360uartedy Rc- Waxing Vinyl & Tile oor.: if there are black marks, marks from chair glides, or imbedded soil in the finish, they shall be removed before re- waxing, A uniform coat of approved floor finish shall be applied. After the finish has dried, the appearance shall be uniform with no visible stress marks, swirls, etc. Remove all stripping or 15 RF'P 13015 detergent solution from the baseboards, door, or other nomt(oor surfaces and in adjacent spaces. 5.3,37(?1atterly Carke1 ea 'n : Carpet cleaning is usually done on a quarterly basis, coordinated through the Police Administration Manager to determine exact cleaning locations, Cat* shall be taken to insure the carpet is thoroughly cleaned and dry prior to opening the area up to root traffic. 5,3,38 Qua C[eanins /Wine dawn of VehJcle Storage jyockars: Wipe down the outside lockets of any dust, dirt, or debris. Care shall be taken not to spray any cleaning solution or water directly into the lockets through the open slots. 5.3.39 j� and Raf�r�lsh Tila Floors fay �e All nort4ixed furnishings such as tablcs, ohairs, desks, trash receptacles, storage containers shall be removed prior to stripping unless exempted by the City. Remove all removable marks, heel marks, scuff marks, rust stains, gum and other types of stains and soil. Manuel scrubbing devices shall be used in areas inaccessible to the floor machine. 5.3.40Bi- Annual Window Clew ice; Completely remove dust, cobwebs, smudges, tepee, oil film and other typos of soil from all Interior windows and partitions, Ramova drip and splash marks frorg all adjacent surl'aaes. Cllnss in open space and office partitions, entry glass doors and entry axes glass psu:els era inalud *d itt this proJact (lnoluding polio* faoiliCy &Jail. facillty}. The twa (2) atrium skylights ht the *oiling of dse police Encility, Community Room and Lunchroom skylights, and the eetarioe of the facility windows are not Included hr this project, 8,3,41 i7a ly Cieazilng of Lunoh'onm: The entire police lunchroom, lucludlt:g casbier, restrooms, eating areas, vending machines, hallway, glass and painted doors, and refrigerators are all included in this contract. Areas should be cleaned so grease, dirt, food particles, trash and other Jitter era thoroughly cleaned and removed from surfaces, This arse needs to remain a healthy and clean environment on a daily basis. 5,3A2Wre1c1y Hose Wash and Trash Pick j(p g#. 'at Car" KoTrash Com et 1 Lea: Using department supplied hose, wash down area into floor drain, Pick up trash. 5.3.43 SteimG11s; As needed clean/mop the four ceinent stairwells located at each corner of the PD Facility, 5.4 SmOl rc areas t0--bJ Ylaintained 5.4.1 fail Facility (on a daily basis) First Floor. Medical Offices- 11,11 t2, 1HI14 and 1H115 Central Control Room and 1 employee rostroom Kitchen Restcoom I and 1C Booking (employee area only) 16 65B -20 RFP 13.015 Booking area restrooms 1D and lE Attorney Visitation Watch Commander's office Exterior Jail Sallyport Second Floor- All of Jail lobby and 2 public restrooms Exterior entrance area Room !#2144 Jail Administrator Room #2145 Jail Manager Room #2149 Jail Manager Jail Briarrnglroll call room and I employee hallway restroorn All of Records and Administration areas including 2 restrooms, hallways and coffee car area, conference room Visitor hallway Sallyport hall and release vestibule (exterior and interior) 'third Floor- Medical Offlces- Room #314108, 3RI09 Citizen visitation area, including visitor elevator Staff Restroom 3A Room #3111 to Fourth Floor- Medical & Dental Offices- Room #4H108, 41-1 t09 Citizen visitation areas Staff restroom 4A 54.2 Pottic Facility- day use areas First Floor- Room #1113 K -9 Office Roots #1159 Building Maintenance Office on Loading Dock Roil•Call Room Room #1219 Property & Facilities Division Commander Men's and Woman's locker rooms, rest rooms West men's and women's restroom Second Floor. PD bobby Room #2136 Patrol Bureau Commander Room #2119 Press Information Officer Room #2122 District Commander Roorn 42124 District Commander Room #2125 District Commander Room 02128 District Commander Room #2130 Professional Standards Commander Room *2175 Traffic Division Commander Room #2172 Records Manager Room #2161 Station Supervisor Room 42163 Watch Commander Sgt, Office Area 17 65B -21 RET 13.015 West men's and women's w&oota Lobby men's and women's restrooms Lunch Room Report Room Hallway between report room and Record's officer coulter Records Evidence office area and viewing room Tbird Floor- Room #3160 District Investigations Division Commander Room #3213 Investigations Bureau Commander Room #3167 CAP Division Commander Special Investigations Area West men's & women's restmoms Fourth Floor- Room #4171 Chief of Police Area: C.hiers Office, & restroom, conference room and administrative, clerical and copier areas, and intelligence Sergeant's Office Room #4164 Room #4166 Room #4167 Room #4168 Room #4160 Room #4162 Room #4156 Room #4151 Room #4157 Computer Services Manager Room #4146 Fiscal office area: file room, Fiscal officer and employees Room 94131 Computer office Room #4155 Crime Analysis Room #4159 Personnel hltervicw room Room #4116 Vacant Room 44119 Communication Division Commander, 2 restrooms, break room, 911 area Room 04224 Training Division Commander Room #4227 Video training area: fotw (4) rooms Room #4212 Driving simulator room Room #4244 Area: seven (7) Professional Standards offices, conference room, file room and reception area 5,4,3 Po1ce Facility- high use areas First Floor- All of Men's and Women's locker reams, restrooms, showers, and sleep centers. Bruce R. Carlson Fitness Center and aerobics room Hallway Room #1 119 Roll -Call Room Men's and Women's west side restroone 18 65B -22 RFP 13.015 Exterior parking lot and both levels of parking structure 2 Atriums Second Floor- Room #2114 Patrol conference room Suspect interview rooms and mug/print rooms Room 42145 copier room Room #2161 Station Supervisor & juvenile holding roams Room #2162 Watch Commander's adndnistradve office Room #2163 Watch Commander 7vlaln norch/south patrol carpeted hallways All of Police Records and Front counter area Lobby and two restrooms Officer report room Hallway to lunchroom Lunchroom and two festrooms Community Room, foryer, and two reatrooma Third Floor- Men's and Women's westside restroonts Fourth Floor. All of Communications Division, including office, break room, two restrooms, hallways, and TRU area. 5,44 Police Facility- ggstcfal areas All areas highlighted on ftoorplans, attached to this RFF 5.5 Staffing 5.51 Staffing cquirA<X =i. The Proposer shall Insure the specified work hours shall be met at all times. A detailed staffing plan shall be submitted as part of the proposal. Please include plan for t4looday-Friday aad also weekends and holidays. 54 C,efromf Work Scbedy)e (Subject to change) 5.6.1 LqjI Faces: Ali Jail areas shall be cleaned between 6:00 ANT and 10:30 PM, seven (7) days a week including' Holidays. 5,62 Police Facility. areas listed in section 5.4.2; Shall be cleaned between 6:00 AM and 2:30 PM, Five (5) days a week (Monday- Friday), excluding Holidays. 5.6.3 Policy Facility- areas listed In section 5 4.3: Shall be cleaned between 2:00 PM and 10:30 PM, seven (7) days a week, including Holidays 5.6.4 Police Facility g_e..neral, areas hiehli, khted on f oorolans: Shall'ne cleaned five (5) days a week (Monday- Friday) excluding Holidays, between 2 :00 PM and M30 P.M. 5.65 CCb Elot gMq: Shall be the dates designated by the City to be City holidays 19 65B -23 io 65B -24 PRICE SUMMARY FORM Total price for janitorial maintenance services $ 31,374.72 (Rates include Westend Substation Current Year (31s Year of Contract) aid Southeast Substation) (Fiscal year 15 -16) Total price for janitorial maintenance services Year 0' or contract (Fiscal year 16 -17) $ 32.702.62 (Rates include Westend Substation and Southeast Substation) Breakdown information: Current Year 411, Year Monthly staffing price $ 26.558.00 $ 27 885 90 Monthly supply price $ 3,296.43 $ 3.296.43 Other Monthly price $598.34 $ 598.34 Westend Substation $ 571,95 $ 571.95 Southeast Substation $ 350.00 $ 350.00 Additional Services Current Year 0' Year Carpet cleaning $0,10 $0.I0 (Price per square foot) Upholstery cleaning $24,00 $ 24.00 ( Price per hour) Steam cleaning $ 24.00 $ 24_0(1_ (Price per hour) Day- porter Services $ 15.91 $ 1M9 —I (Price per hour) 65B -25 65B -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: PUBLIC HEARING — RESOLUTION AND ORDINANCE ADOPTING THE UPDATED CALIFORNIA AND INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENT AND REQUISITE FINDINGS (STRATEGIC PLAN NO. 3, 3C, 5, 2C) CITY MAN ER • 0 r • 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. Adopt a resolution of the City Council setting forth findings for required amendments, modifications and changes with respect to the local climatic, geographical and topographical conditions within the City of Santa Ana to the California Building, Residential, Green Standards, Electrical, Mechanical, Plumbing, Energy, and Fire Codes as amended by the State of California. 2. Adopt an ordinance amending Chapters 8 and 14 of the Santa Ana Municipal Code adopting the State Building Regulations, including the 2015 International Property Maintenance Code, the 2015 International Swimming Pool and Spa Code and the 2009 Uniform Solar Energy Code, and certain modifications and changes with respect to local climatic, geographical and topographical conditions with the City of Santa Ana to the California Building, Residential, Green Standards, Electrical, Mechanical, Plumbing, Energy, and Fire Codes as amended by the State of California. DISCUSSION The State's Health and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standard Code (Title 24 California Code of Regulations) every three years. The 2016 Edition of the California Code of Regulations Title 24, which incorporates the model codes, becomes effective statewide on January 1, 2017. This Ordinance would amend Santa Ana Municipal Code Sections by repealing references to the prior editions of the Construction Codes. The Construction Codes proposed for adoption by reference with amendments include the following: 75A -1 Resolution & Ordinance Adopting the Updated California and International Building and Fire Codes with Amendment and Requisite Findings November 15, 2016 Page 2 2016 California Building Code 2016 California Residential Code 2016 California Green Building Standards Code 2016 California Electrical Code 2016 California Mechanical Code 2016 California Plumbing Code 2016 California Energy Code 2016 California Fire Code 2016 California Existing Building Code 2015 International Property Maintenance Code 2015 International Swimming Pool and Spa Code 2009 Uniform Solar Energy Code The Planning & Building Agency and Orange County Fire Authority are recommending that certain changes and modifications be made to the 2016 Editions of the California Building, Residential, Green Standards, Plumbing, Mechanical, Electrical, Energy, Fire, and Existing Building Codes that are reasonably necessary due to local conditions in the City of Santa Ana. Other modifications are of an administrative or procedural nature and concern themselves with subjects that are not covered by the Codes or are reasonably necessary to safeguard life and property within the City of Santa Ana. There are a total of 98 findings in the Resolution which address three amendments to the Electrical Code, one amendment to the Mechanical Code, two amendments to the Plumbing Code, 58 amendments to the Fire Code, and five amendments to the Building Code (Exhibit 1 for Building and Exhibit 2 for Fire). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #3 (promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), Strategy C (explore opportunities to encourage a business friendly environment within the city through the reduction of non - essential regulatory requirements, improved coordination between agencies for development review and addition of monetary incentives); Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability), Strategy C (create a green building policy that incorporates sustainable concepts into residential and nonresidential uses; support demonstration projects and best practices). 75A -2 Resolution & Ordinance Adopting the Updated California and International Building and Fire Codes with Amendment and Requisite Findings November 15, 2016 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Haghani, AICP Executive Director Planning & Building Agency GC:rb rb \reports \Building Code Update RFCA 11 -15 -16 Dave Anderson Division Chief Orange County Fire Authority EXHIBITS: 1. California Building Standards Code Amendments 2. California Fire Code Amendments 3. Resolution 4. Ordinance 75A -3 G 75A -4 LIST OF AMENDMENTS TO CALIFORNIA BUILDING STANDARDS CODE Amendment Number 1 Building Description Require Permit Location ••- Sec. 105.1 2 Building Time limitation of application Sec. 105.3.2 3 Building Certificate of Occupancy Clarified Sec, 111.1 4 Building Boards of Appeals Sec. 113 5 Building Grading Permit Exemptions Sec. J103.2 6 Plumbing Suspended Piping Support Sec. 313.3 7 Plumbing Pipinq in the Ground Sec. 313.5 8 Mechanical Corrosion Related to Ducting Sec. 602.1 9 Electrical Informative Annex A Annex A 10 Electrical Wiring Methods for 1000 Volts Sec.230.43 11 Electrical Allowable Locations of NM Cable Sec. 334.12 *OCFA Amendments are on the following pages EXHIBIT 1 75A -5 75A -6 e a J 75A -7 N F- m 2 X W v v 0 av ° it a O O E � n v E v v v v c v v c c c m � = 'x = �x �x x Y > O O m 0 0) w N a L a C a a C v oc °m M m m c w E v$ a E °ry o o m w o c c c c 9 c a v v >. O o c J L L o o w m m m E o 00 0 v v ° v v = ` _ vi v v E E :y 0 o w .m a n N ° >, 3 C V W S> a N C y n O c C J 10 h 01 N p> m v a v K� C= m C m C J °� C J 'Y m 0 O ° o « Ou t° v 2 v m m w v m m 3 p N v v E _ m° N v m v c v° c n c c E Y c m o c :o o c v a v m v a i a O O O J E o C O Ono O N J J 00 -a C a+ C7 O) L\ d\ a \\ 00 N V �_ - C tC E •D 3 J LL j U a U U a U a C u vii NJC J 'OO O C7 N V b0 C O m m m m M~ o N N N N Ot > L m W 0 n m N O m y N v v N U) N W N 00 `w Wm v v 0 a • ro o `o E c c o u m- .m.. = x c E m 00 0 00 0 00 0 00 0 aJ a o £ 5 :E o a o a `m r c a x a E a E a E a E ,o c m - v o Q '- m m cO a m 3 N min � v n c .. � E n o J o 0 0 0 o J 0 n 0 o n v m w 0 ._ -c m .m a s a s c o v a E E a> v c o 'c E m w« .N, O m Q a O C C .= u v J J� J J L 0 L 0 a E u 0 7 Q E oN D u m :� m vi U Q w¢ s z a` a ¢ U C N d ti o j°may b N E c o m Y a m C y °G o b .o y c m N ` r u y z � 0 0. R C O w 0 w N m O y m p O N 7 a m a a+ m W O O. N G O .r O. H N 'c v o v c E G E w 3 ti N M w M c ry M N ti ri ti N M L!1 l0 kD tO �O LO lO n Oj Oj Ol N V u1 ul tl1 Ul Ul Ul o 0 Q m � • • of of N e ui vi - 0 0 0 0 0 0 y ti N M M M 75A -7 N F- m 2 X W 75A -8 b a N 01 Ot 01 O� H N N N z N _ s w w w w a w w w w w n N N N O R '^ w � ¢ 3 o � n 3 C tlo n T ao n n G j ^ O G1 G1 zr m S p j O �• '�6 m m O o N c n 9 .dr p p y S 3 d o O_ O �. .�. 0�0 uC+ 3: 3 C O' .n+• .Nr• C O ^' OD w A C -• .Q in OL ° :, 3 •°„ 3 W C G G N O O w _V M H F S• y d d d n f ¢ rt o 3 c o fG O' O F x n N O N M 3 a O C N rOf y T O O 2 q s n ° x a o a J x c o ^, m o° a �< c s •'"•, n a °' m� s a S m s �. w a J 3 N� O. n O J O J N N J O. S N D• N O' '� N ,n N vii m a T v oa N N '»' o o '" a oa m J- m o < 3 0 3 O SD a° a s a ^ a p� v m� c � o =^ w C v 3 o v c o- c o S � m m m m m m m m m m <° x x x x x x x x x 3 z oa w w a3o n` oJO a3o ono o3a o3a a ° a n o c � o o � � � o ^ o 75A -8 b a L 3 h C OJ N Q Q LL U Gl v LL 0 V N 0 N V Y y. d O � a o rn a 0 v a C E E N O O t E c° w' 0 5 a > `o £ o 5 C a a ^' ° E ry W a o o � t O a d E c rn ° a V O W a c a a 0 3 V w o v a n m v � n o a E n U G N N a O c � � v � o i Y C C N O y a a 3 E w a w � C O a m a v o o c a v c 5 v v o v a E c E w v C v o E > E 3 m a m c I 75A -9 C C U � N y W W Z Z T o wM O m 0 C w ry N o 01 c u u E v m 0 v `o u °—' v m o c u ;ri v =' m c .0 w^ o 0 w y o E n N 3 'c 0 0 m N T E C O M ry -O V c N C (O 0 C v W m m c E no c T m w u N a C. y O w E u C O a u m p m O O p N m u v = W O 3 L Q S n Y a O w c o C n 0 « m w o m -M N 3 wO ` E " va ° c «' v m . N E 3 ww u o 0 c m p ry -> W W d c0 E w a m C w `m w £ p `� E '—c° a `yc° 3 V w m .o m c m o m c '- 3 s p m N o `m m a o u vi °' °' m m o o' ° w m w w .x c o v o a" m 0 0 N z m Q u m '° Z' m 0 E a m W T E w LL= C K W w m V L m w ' ^ w 3 N L« m ¢ o o« (7 O a m ri m V y a c m m v c w N Q 9 9 v v o u c 3 m m E 0 aO+ a C v E m m — `1 c v w aw+ v p c v u w ?� v v'o s :E n c% a Q a w w .m 'c >0 W M w W W K L m W C ¢ a c a m 0 ¢ m v l 0 VI C N Q u Q O dQ C d C L y Y G C C O m •� w W OD o m v •N m e o w m Y u m Y O GI O E C Q L Y CL J (0 W w Q GI a m Y m m o E 'v^ :' 7 VI K F VI Z N of O N In rn to Z Z M M M M M N lf1 N N N N O O M M M of N 75A -9 75A -10 A Z - f - a w � N P oar 3 ? ' m e 0 o N i � n a F o ° o n e m ° N ° o n o � ° n � a ry J O n � Q R O < S n � �c o N O ° T � b � C ry o � Z ° m n m W N N Q1 In {n to A F+ {n Co N W N t+ N W N • 0 Z 2 2 Z Z A W N N In W d to 2 G1 2- d n a n 3 a ry CL ° u0i 7 ° � m v 3 c F m rn C w d C n to O w a C n 3 c o. t'n 0 a .a C � m J m N 3 w x a �' C C 9i w J M m •;' C vpai ,6 p � R ry j n N O � y^ CL D 3 A o w_ CD m 9 — ^ 3 H o c. ro 3 w J c 0 J 3 a m m o. m° 3 FD' 3 m n m m 3 `°° m O o_ a �c o o° p F p a 3- 'm ° m m y z m E n 3 v n F to � Q � lD J S N j 91 N J (U f1 3 c m s ° „ o m o o- o T m 3 •2 ,�'� - s - tn ty � O £ � 3 fD • 3 3' � !0 it T O 3 d (D < �• n � a tm � w �� n 3 m S w° J < QQ O • W N O < °i O J f1 -n J N m l d 1 O d O O m A Z GZ <Z <Z <Z 3 J N � tD 1p N N to � O O O H � 75A -10 A Z - f - a w � N P oar 3 ? ' m e 0 o N i � n a F o ° o n e m ° N ° o n o � ° n � a ry J O n � Q R O < S n � �c o N O ° T � b � C ry o � Z ° m n m V v O O O 0 � r q O v j a O d N O ° E E W O p E O > C V O r a v ° « O a � ° E ry v « a ° > v ° t a E � C v a c !ti rn a ° a, G 0 3 v n a n E n U C N v c E E o ° a 3 b c 0 0 o c o a .ti c ` v rz Cc a a y G O b W p o q O C O C C a £ a c v v o v a E c E w E > E 3 M v m c m _ _ 3 X A Z h: W r u v v m CL 9 V C « C DD O « C v « O d L t m b0 c E E v a ¢ m 0 1 m d m x O m m m N r u C Q c m m en z E x c E E E a O o c o m 9 c m m C O. m y E u w^ r v o v v m G v a p 0 Y V U an C c m E o v E v E m m m O y C R c- E E E V E y d O N ="¢ 'o w z v X W N 00 E Y GO Y v 0 0 T T O m W C u L°_° pp ` c 1!1 O V1 UI Vl O N U co C O. a N 0 m m a x J Y Y CI W Y x G W LL () N C V1 V1 H N W w c o> m o U O CO o .L.. v L00 L L C 3 C m m m m v 0 Y E a C W - Q w o W °-� 01 Ul °-° UI o. a v c `m Y E a `m c a L' ,v., c E w v: O v' v� m Y E W O N O U1 O S UI O E o c E E v w N v v v a v a v w m 'cc m 'c 1p m -� .°� v v a v� N v o• v N v o- v a v W r � CL 9 C L m c E E a ¢ m 0 1 m m en o a'vp m 9 W u 0 d C O. C C w^ v m x G m p 0 Y V U an C m O C V C y d O N ="¢ 2 z C X W N 00 E Y GO Y v 0 0 T T O m W C u L°_° pp ` c E o co E m w CL m m m a x J Y x CI W Y x G W LL () K¢ V1 V1 H N W N N N M Vj tp 75A -11 m m tA0 00 pNpppp ONO pNppp N W W ONO ONO 00 P 00 coN pOO W W W N OOt OO O0 00 0o W 00 41 N N N N N N (D V A tN N N s m A W N N N N m N r • F n w' N N N N 10-. N N N N Z \ N N N N 00 N N O N O o o n n a o000 o no 0 0 0o N: Ol 00 N N OO OO W i.+ 1r i-+ b V W N m n a O � �° v_• F fD+ v m �; r m D m 00 �• � fob ti, 00 �+' X N 0➢ O D< <* V L m ti 3° N •� � d A R C r S � d tD w O1 d -• 1 N OI M N N (D n N O1 O d 4 w O O d 3 M A d .O m OM O c 3 O_ o ET 3 v= m .'m. 'm" o m m c c c n. a c. c c O 4 o c (D T J J "O a c 3 d d °.. 00 v � w 3° r 3 .. _ c° 91 0• D W om J D M n c m o c m m O a' 3 0 T J o m m 0 o o m r _ N N yj J ,nY N J y w O• M M of ' n aO � a p J f0 m o a c m m Z Z Z m m m m m Z m m m< ° x m p m x N x x x, m N N N 3 z ❑ �a° > > > >' - w p ao u° a° oa w a° av a n a o ° c .°2 0 i� • Z F 75A -12 'o C CL i 3 N Y C v C d Q Q LL v 0 OJ O U LL O w v t0 c-I O N v v av 00 m ov E cam° t .o �• E °c v o £ a > `o � O a � a '^ ° E ry u c`, a o i v ° a E C � a o v N° U c 0 3 a v b o a � N -8 c u � v 0 o E ¢ U C N v ? o a ° e o m a01 5 ry V c v ° a a 3 c � v y `o a o c a m a i N O 4°i E c E a a> o m v m r H c 0 c °v w 2 75A -13 0 n c c X X X v v a « « v v « 'p N E 2 N N j, O v w w a a N > E E m x E« m E u > 'o a -0 3 w c -o ro v � .w -o n 0 v v v =o a i s .- v E y 4 v o m -vo -va c LL v v> n LL« a •N N m C �n y -O U m V O c m v w '^ «° v v °1 y 3 o v m o° v m m v m .M u c c " o v v E° c = E m v -o v Z' �- O a v '3 3 v N o 01 c u -o V o v� '^ J n v w c w c w e E J .� w v m v U Q ` w o c w« E '° a o E N w b w v° v v R o N C 'ro - N ON E � p O' m o a M L b�CG b@CO `O _ O. m d in 'vf N p p m 3 W O' pi in N > v O LL Y v m L Y a —M u N C M ~ v J O x m 0 O O L vv v o v 0W 1v °' -o Ca 5 >m -O o °1 w •3 v 9 `m 0 v `w O E a N m J c M v L 9 J° 3 y v v •m K N 2 m K Vf K Vf a` Q K 5 m N K .6 :� U m K Vf � O L •7 > C u LL 3 c _Q n •= C 7P H .m ` C Y d ho c ° o> N o ca v o c w° m d u L V L E o ? E E o E v w _ •„ o E N V L H ca °. C w N C Y Y d CL 10 _ 4L E 11 C i v~i G W i iY {n W G IL Q J a c E v N H H H n1 c vi 14 .4 Ln R N M ti N N �O O ti O M O o'1 O M O trj O ^1 O r1 O N O �D O W O Q V O Ot O O O O H to Ln b to b \ n a h Ln h H N H HLn U) I Ln Z in 3 • N w N N z Ui N N M 00 M co co Ch C R N L 75A -13 0 n m e 75A -14 A Z _ N � F m a o0 i a � N Q � w � o e 3 ^ m m a � ¢ � O z o 0 0 ° 1 q ° ° ° N 3 ° � ^ a ¢ o ° � � o N e m C � a 4 F o 0 0 3 b ° i0 G J 'm a � N ° m O � N � 0 3 c w m �P S o < � o s m � m 0 0 o Z ° ry � ^ N N 00 0 N M N N W v O T n N N tN W Q� m n W N f Z S N N T d D t' w 00 • o W W w W A W N H Z at Z i+ W I-a 4-. H w Z N N w w 0Z � x n 3 3 V N C i K C N A i K M n w •p �' v a 01 O" m v m N •� � . H 00 y W d 3 °x F m m m a m m £.gym m y to m d a £•tea 3 oa a N lD N ry N p d '^ m u d N N m N n N m a a n c o 0 3 n o m m w a rtcTQ F �_v S o -•o d m a o -o .z Z d� H r w w o ^ .d+ rd-' ro 0 D o_ o w M. 0 0 o n ": 0 0 d o c 3 00 z o" c Ov°. 0 00 d d a 0 m rn m m x x x m N fD iD fD iD fD a c n n n a n w w w w a 75A -14 A Z _ N � F m a o0 i a � N Q � w � o e 3 ^ m m a � ¢ � O z o 0 0 ° 1 q ° ° ° N 3 ° � ^ a ¢ o ° � � o N e m C � a 4 F o 0 0 3 b ° i0 G J 'm a � N ° m O � N � 0 3 c w m �P S o < � o s m � m 0 0 o Z ° ry � ^ c v v v. v ov °o 0 v E N > > w w o a0 v v c t i W C m h ° a j N a m O l0 U M N N a N N ° C L J C O C C v C m, ma z? « v c w i v c 3 c y v w a o u i° a u v Y v C m` v° o `� n a m c 3 z ° > h o c > > m r c c v '° m° o m o. D a v n o h o« o= > J m C m v o a J c v n o o v o u oi E ` v N c ff >o c .v. ,E v N ry o 15 o N v ni a 3 u u 3 m > ° °� «Ev. L w t °> w v v� n ¢ U C W v a o N ° O O � C ta •Gl C U d° N 0' N Y ° a a x m O N m C c a c m N G O b > d d U W 04 bq Y L d M A d N C O d •O E a a o iL° o v> `� c 'm a a v o v u E c E c M Q LL M N M ti b t° b M O N a ry M �M M N M r4 ti M r1 ni n1 b kd O O 6 0 O N ti N t° l6 1p ti H ti ti ti O m a v N N N c v 3 1 a a � _ Z Z Z N N ti N N t0 N M ei tD 00 °� n r m ~ N N ~ M ~ N V O O O O 6 75A -15 N m 75A -16 LS 9.29.16 RESOLUTION NO.2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE AS AMENDED BY THE STATE OF CALIFORNIA 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. Health and Safety Code Section 17958 provides that the City of Santa Ana shall adopt Ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922. B. The State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Building Code, California Existing Building Code, the California Plumbing Code, the California Mechanical Code, California Energy Code, and the California Electrical Code (hereinafter referred to collectively as "Codes "). C. Health and Safety Code Section 17958.5(x) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic or topographic conditions. D. Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions. Section 2: The Planning and Building Agency and the Orange County Fire Authority (OCFA) have recommended that changes and modifications be made to the Codes and have Exhibit 3 Resolution No. 2016 - Page 1 of 8 75A -17 advised that certain said changes and modifications to the California Building Code, 2016 Edition, the California Plumbing Code, 2016 Edition, the California Mechanical Code, 2016 Edition, the California Electrical Code, 2016 Edition, the California Existing Building Code, 2016 Edition, California Energy Code, 2016 Edition, and the California Fire Code, 2016 Edition, are reasonably necessary due to local conditions in the City of Santa Ana. Section 3. Amendments to the 2016 Edition of the California Building Code, the 2016 Edition of the California Residential Code, and the 2016 Edition of the California Fire Code as recommended by the Planning and Building Agency and the Orange County Fire Authority are hereby found to be reasonably necessary based upon the following findings: Climatic Conditions A. The jurisdiction of Santa Ana is located in a semi -arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene. B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority's ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County. C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already -taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on -site fire protection features. D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high- density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by Resolution No. 2016 - Page 2 of 8 75A -18 providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. II. Topographical conditions A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change cause by the hills creates the geological foundation on which communities with Orange County is built and will continue to build. With much of the populated flatlands already built upon, future growth will occur steeper slopes and greater constraints in terrain. B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County. C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on -site fire - extinguishing systems and other protection measures to protect occupants and property. III. Geological Conditions The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size that the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport- Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the State of California, Department of Conservation. A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest Resolution No. 2016 - Page 3 of 8 75A -19 capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on -site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport - Inglewood Fault Zone, page 59), "unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe." B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal. C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes in contact with soils are utilized. Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) requirements for a given structures. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority, Section 4. The following specific amendments to the sections of the 2016 Edition of the California Building Code as recommended by the Planning and Building Agency and the Orange County Fire Authority are reasonably necessary based upon the corresponding findings in Section 3 of this resolution as listed below: BUILDING CODE SECTION TITLE (Clarification) FINDINGS I,II,III 105.1 Permits required Admin 105.3.2 Time Limitation of Application Admin 111 Certificate of Occupancy Admin 202 General definitions (Spark Arrester) Admin 903.2 Where required (Sprinklers) 11 & III -B 903,2.8 Group R (Sprinklers) II -B & Ill -B Resolution No, 2016 - Page 4 of 8 75A -20 903.3.5.3 Hydraulically calculated systems 1& II Chapter 35 Reference Standards Admin R301.9 2016 NFPA 13 (Sprinkler Systems) Admin, II &1][ R309.6 2016 NFPA 13D (Single Family Sprinkler Systems) II & III _ 2013 NFPA 14 (Standpipe Systems) _ II & III _ 2016 NFPA 24 (Underground Water Supply Systems) 11 & III J103.2 Grading Permit Exemption _ I Admin, II & III Section 5. The following specific amendments to the sections of the 2016 Edition of the California Residential Code as recommended by the Planning and Building Agency and the Orange County Fire Authority are reasonably necessary based upon the corresponding findings in Section 3 of this resolution as listed below: RESIDENTIAL CODE SECTION TITLE (Clarification) FINDINGS 1,11,111 R202 General definitions (Spark Arrester) Admin R301.9 Development on or near land containing or emitting toxic, combustible or flammable liquids, gases or vapors_ III R309.6 Fire sprinkler attached garages, carports with habitable space above III R313.1 Townhouse automatic fire sprinkler systems III R313.2 One- and two - family dwellings automatic fire sprinkler system III R313.3.6.2.2 Calculation procedures III R319 Site Address 11 R337.1.3 Application Admin, 11 &M R337.1.6 Fuel modification requirements for new construction I & 11 R1001,13 Outdoor Fireplaces, Fire Pits, Fire Rings I & II R1001.13.1 Gas- fueled devices I & II R1001.13.2 Devices using wood I & II R1001.13.3 Devices using wood, where prohibited I & II Chapter 44 Reference Standards 2016 NFPA 13 (Sprinkler Systems) Admin, II & III 2016 NFPA 13 -D (Single Family Sprinkler Systems) II & III Appendix O Vehicular Gates II & III Resolution No. 2016 - Page 5 of 8 75A -21 Section 6. The following specific amendments to the sections of the 2016 Edition of the California Fire Code as recommended by the Planning and Building Agency and the Orange County Fire Authority are reasonably necessary based upon the corresponding findings in Section 3 of this resolution as listed below: FIRE CODE SECTION TITLE (Clarification) FINDINGS 1,11,111 109.4 Violation penalties Administrative 109.4.2 Infraction & Misdemeanor _ Administrative 202 General definitions Administrative 304.1.2 OCFA Vegetation Management 1 305.6 Hazardous conditions I & II 305.7 Disposal of rubbish I & II 307 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative 307.6.1 Gas- fueled devices I & II 307.6.2 Devices using wood or fuels other than natural gas or LPG I & II 307.6.2.1 Where prohibited 1 & II 309.2.1 Indoor charging of electric cars Administrative 320 Fuel modification requirements for new construction i 321 Clearance of brush or vegetation growth from roadways I 322 Unusual circumstances Administrative 323 Use of equipment I 323.1 Spark arresters I 324 Sky Lanterns or similar devices I & II 407.5 Hazardous material inventory statement I & II 501.1 Scope Administrative, I, II & III 510.1 _ Emergency responder radio coverage Administrative 510,4.2.2 Technical Criteria _ Administrative 510.5.1 Approval prior to installation Administrative 510.5.2 Minimum qualification of personnel Administrative 510.5.3 Acceptance test procedure Administrative 510.61 Testing and proof of compliance Administrative 903,2 Where required (Sprinklers) I, II & III 903.2.8 Group R (Sprinklers) I, II & 111 903.3.5.3 Hydraulically calculated systems I & II Resolution No. 2016 - Page 6 of 8 75A -22 2801,2 Permit Administrative 2808.2 Storage site v Administrative 2808.3 Size of piles I 2808.4 _ _ Pile separation I 2808.7 Pile fire protection I 2808.9 Material - handling equipment _ I 2808.11 Temperature control I 2808.11.1 _ Pile temperature control I 2808.11.2 New material temperature control 1 2808.12 Water availability for piles _ 1 2808.13 Tipping area I 2808.14 Emergency contact Administrative 4906.3 OCFA Vegetation Management Guideline 1 4908 Fuel modification requirements for new construction I 5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I & III 5608.2 Retail fireworks Administrative 5608.3 Application for permit Administrative Chapter 80 _ Reference Standards N/A 2016 NFPA 13 (Sprinkler Systems) _ Administrative, II & III 2016 NFPA 13 -D (Single Family Sprinkler Systems) I & 11 2013 NFPA 14 (Standpipe Systems) Administrative 2016 NFPA 24 (Underground Water Supply Systems) Administrative & III Section 8. The aforementioned amendments have been incorporated in detail in Ordinance NS-- Section 9. Additional amendments have been made to the relevant California Building Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Existing Building Code, Residential Code, Green Building Standards Code, Fire Code, and International Property Maintenance Code. On the recommendation of the Planning and Building Agency and the Orange County Fire Authority, such amendments are hereby found to be either administrative or procedural in nature or concern themselves with subjects not covered in the aforementioned Codes. The changes made include provisions making each of said Codes compatible with other Codes enforced by the City. Section 10. The City Council of the City of Santa Ana hereby approves and authorizes Resolution No. 2016 - Page 7 of 8 75A -23 the Planning and Building Agency to file copies of Resolution 2016- and Ordinance NS- with the California Building Standards Commission as required by Health and Safety Code Section 17958.7. Section 11. ADOPTED this This Resolution shall take effect from and after its adoption. day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: �r Lisa Storck Assistant City Attorney AYES: Council members NOES: Council ABSTAIN: Council members NOT PRESENT: Council Q1M. Miguel Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2016. Date: Clerk of the Council City of Santa Ana 75A -24 Resolution No. 2016 - Page 8 of 8 LS 10.31.18 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 8-43 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -43. Adoption by reference, There is adopted by the city that certain code known as the California Building Code, 2013 Edition 2016 Edition, based on the 2-9-� 2015 International Building Code as published by the International Code Council, (hereinafter referred to in this article as the 'Building Code," "building code," or "California Building Code "), consisting of "Volume 1 ", "Volume 2" and the 2016 California Existing Building Code (together with subsequent supplements or amendments to any volume, each of which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The building code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the building code set forth in this chapter that specifically amends the Building Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended a pre - 241-3 2016 edition of the 'Building Code" shall also be construed as amending the applicable provision of the :2013 2016 or later edition of the building code. The building code, as thus amended, together with all other provisions of this article, shall be known as the city building code. Appendices which are adopted pursuant to this section are as follows: Appendix I, Patio Oovers Exhibits. Ordinance No. NS -XXXX Page 1 of 51 75A -25 Appendix J, Grading SECTION 2: Section 8 -95 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -95. Certificate of occupancy (Chapter 1, Division II, Section 111). Chapter 1, Division II, Section 111.1 of the building code is amended to read as follows: Chapter 1, Division II, Section 111.1 -- Certificate of Occupancy (1) Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2 (2) No alteration to an existing building which changes the floor area of the building or which changes the means of egress from the building shall be made until the building official has issued a certificate of occupancy therefor as provided herein. (3) No change of occupant within a building or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein, Ordinance No. N5 -XXXX Page 2 of 51 EXCEPTION: Group R, Divisions 2 and 3, and Group U Occupancies. r 75A -26 ' c - -e WINe c c. .� ON NMI eao (4) No building or structure shall be connected with utility services, nor shall a building or structure whose electrical service has been disconnected be reconnected with electrical service until an inspection has been made and the buildinq official has determined that the building does not constitute an unsafe buildin SECTION 3: Section 8 -183 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 8 183 Reserved Sec, 8 -183 Grading Permit Exemptions (Volume 2, Appendix J, Section J103,2), Section J103.2 is amended to read as follows: Section J103.2. Exemptions: A grading permit shall not be required for the following: 1. Grading of less than 50 cubic yards in an isolated self - contained area provided there is no danger to the public and that such grading will not adversely affect adioining properties. 2. Excavation for construction of a structure permitted under this code 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations 5. Excavations for wells, or trenches for utilities. Ordinance No. NS -XXXX Page 3 of 51 75A -27 not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 7 Exploratory excavations performed under the direction of a registered design professional. 8 An excavation of less than 50 cubic yards that (1) is less than 2 feet in depth SECTION 4: Section 8 -290 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -290. Adoption by reference. There is adopted by the city that certain code known as the California Plumbing Code, 2016 Edition, including the following appendices thereto: A, 8, D, I and K J (hereinafter referred to in this article as the "Plumbing Code "), together with subsequent supplements or amendments, which shall become effective, adopted and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The plumbing code is adopted and incorporated by reference as fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the plumbing code set forth in this chapter of this Code that specifically amend the plumbing code, Any previously enacted, unrepealed provision of this Code that amended a pre 2013 2016 edition of the "Plumbing Code" shall also be construed as amending the applicable provision of the 20x-3 2016 or later edition of the plumbing code. The plumbing code as amended, together with all other provisions of this article, shall be known as the city plumbing code. SECTION 5: Section 8 -340 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8.340. Piping in the gre Underground Installation (California Plumbing Code Section 344.3 313.5). Ordinance No. NS -XXXX Page 4 of 51 75A -28 Section 3143 313.5 of the Plumbing Code is amended to read as follows: 314. 313.5. Piping in the ground shall be laid on a firm bed for its entire length. Building drains, sewers and storm drain piping systems in the ground, and designed and approved at less than one (1) percent grade, shall be laid on a continuous firm bed, certified by a registered soils engineer as having a compaction level of not less than ninety (90) percent density. Where support is otherwise provided, it shall be approved per Section 301;A 301.2 of this code. SECTION 6: Section 8 -342 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8.342, Suspended piping support (California Plumbing Code, Table 313.43). Table 313.43 of the Plumbing Code is amended by adding footnote 2 to the requirements for horizontal piping of all materials specified in Table 313.42 of the California Plumbing Code, SECTION 7: Section 8 -556 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec, 8.556. Adoption by reference. There is adopted by the city that certain code known as the California Mechanical Code, 2013 2016 edition (hereinafter referred to in this article as the "California Mechanical Code" "Mechanical Code" or "mechanical code "), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The mechanical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the mechanical code set forth in this chapter of this Code that specifically amend the mechanical code. Any previously enacted, unrepealed provision of this Code that amended a pre 2013 2016 edition of the "Mechanical Code" shall also be construed as amending the applicable provision of the 20-1 -3 2016 or later edition of the mechanical code. The mechanical code as amended, together with all other provisions of this article, shall be known as the city mechanical code. SECTION 8: Section 8 -667 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -667. Adoption by reference. There is adopted by the city that certain code known as the California Electrical Code 294-3 2016 Edition and the administrative provisions set forth herein, (hereinafter referred to in this article as the "Electrical Code ") together with subsequent Ordinance No. NS -XXXX Page 5 of 51 75A -29 supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless specifically adopted prior to that date, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The electrical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the electrical code set forth in this chapter of this code that specifically amend the electrical code. Any previously enacted, unrepealed provision of this Code that amended a pre -2043 2016 edition of the "Electrical Code" shall also be construed as amending the applicable provision of the 241 -3 2016 or later edition of the electrical code. The electrical code as amended, together with all other provisions of this article, shall be known as the city electrical code. Annex which are adopted pursuant to this section are as follows: Informative Annex A. Product Safety Standards SECTION 9: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8 -942 amending California Electrical Code Section 334.12 is necessary because earthquakes are a common occurrence in the local area; that, unlike wire installed in conduit or raceways, non - metallic sheathed cable does not provide the degree of protection that is needed in the event of an earthquake; that exposed non - metallic sheathed cable is particularly hazardous; and that this amendment is necessary to assure that adequate protection is provided in the workplace and in other places of public gathering. SECTION 10: Section 8.942 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -942. Uses not permitted (Section 334.12). Section 334,12 of the California Electrical Code is amended to read as follows: Sec. 334.12. Uses Not Permitted. (A) Types NM, NMC and NMS. Types NM, NMC and NMS cables shall not be permitted as follows; 1. In any multifamily dwelling or other structure not specifically permitted in 334,10(1), (2), and (3). 2. Exposed in dropped or suspended ceilings in other than one - and two - family and multifamily dwellings Ordinance No. NS -XXXX Page 6 of 61 75A -30 3. As service - entrance cable 4. In any nonresidential building or structure 5. In theatres and similar locations except where — permitted its 518:4{@) 6. In motion picture studios 7. In storage battery rooms 8. In hoist ways or on elevators or escalators 9. Embedded in poured cement, concrete, or aggregate. 10. In hazardous (classified) locations, except where specifically permitted by other articles in this Code. (B) Types NM and NMS. Types NM and NMS cables shall not be installed In the following: 1. Where exposed to corrosive fumes or vapors 2. Where embedded in masonry, concrete, adobe, fill, or plaster 3. In a shallow chase in masonry, concrete, or adobe and covered with plaster, adobe, or similar finish 4. In wet or damp locations SECTION 11 Section 8 -912 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Secs 8_868 _ B -912 Reserved. Secs. 8 -868 — 8.911, Reserved. Sec. 8 -912, Wiring Methods. Section 230.43 of the California Electrical Code is amended to read as follows: 230.43 Wiring Methods for 1000 Volts Nominal or Less. Service entrance conductors shall be installed in accordance with the applicable requirements of this Code covering the type of wiring method used and shall be limited to the following methods: Ordinance No. NS -XXXX Page 7 of 51 75A -31 (1) Open wiring on insulators (2) Type IGS cable (3) Rigid metal conduit (RMC) (4) Intermediate metal conduit (I MC) (5) Wireways (6) Busways (7) Auxiliary utq ters (8) Rigid polyvinyl chloride conduit (PVC) (9) Cablebus (10) High density polyethylene conduit (HDPE) (11) Nonmetallic underground conduit with conductors (NUCC) (12) Reinforced thermosetting resin conduit (RTRC) SECTION 12: Section 8 -2000 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2000. Adoption by reference, There is adopted by the city that certain code known as the 2812 2015 International Property Maintenance Code (hereinafter referred to as the "Property Maintenance Code "), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on each new officlal publication date of the International Property Maintenance Code, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said Code is adopted and incorporated as fully as if set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the property maintenance code set forth in this chapter of this Code that specifically amends the property maintenance code. Any previously enacted, unrepealed provision of this Code that amended a pre -204 2015 edition of the "Property Maintenance Code" shall also be construed as amending the applicable provision of the 2042 2015 or later edition of the property maintenance code. The property maintenance code, as thus amended, together with all other provisions of this article, shall be known as the city property maintenance code. Ordinance No. NS -XXXX Page 8 of 51 75A -32 SECTION 13 Section 8 -2800 is added to Chapter 8 of the Santa Ana Municipal code to read in full as follows: Sec. 8 -2800, Adoption by reference. There is adopted by the city that certain code known as the California Residential Code, 241-3 2016 Edition, based on the 2042 2015 International Residential Code as published by the International Code Council, (hereinafter referred to in this article as the "Residential Code" or "California Residential Code "), (together with subsequent supplements or amendments shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Residential code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Residential code set forth in this chapter that specifically amends the Residential Code. The Residential code, as thus amended, together with all other provisions of this article, shall be known as the city Residential code, Appendices which are adopted pursuant to this section, are as follows: Appendix H, Patio Covers Appendix J, Existing Buildings and Structures SECTION 14: Section 8 -2810 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2810, Climatic and Geographic Design Criteria (Table R301.2(1)). Table R301,2(1) is revised to read: TABLE R304.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND WIND DESIGN SEISMIC TO DAMAGE FROM WINTER ICE BARRIER AIR MEAN -Speed " _SUBJECT Frost SNOW Topographic DESIGN line DESIGN UNDERLAYMENT FLOOD FREEZING ANNUAL LOAD mph) effects" CATEGORY I Weathering " De th" TermitaI TEMPI REQUIRED" HAZARD Su INDEX TEMPI Very See Zero 95110 No D2 or Negligible 12.24" Heavy 43 No Exhibit 0 60 For Si: 1 pound per square foot = U479 kPa, 1 mile per hour = 0.447 m /s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. Ordinance No. NS -XXXX Page 9 of 51 75A -33 The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe ") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652, b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. C. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(A)],Wind exposure category shall be determined on a site - specific basis in accordance with Section R301.2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMS and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, 8905.6.3.1, R905.7.3.1 and 8905.8.3,1, where there has been a history of local damage from the effects of Ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." I. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF -days) from Figure R403.3(2) or from the 100 -year (99 %) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 320)" at www.ncdc.noaa.gov /fpsf.htrnl, Ordinance No, NSAXXX Page 10 of 51 75A -34 J . The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32 °F)" at www,ncdc.noaa.gov/fpsf.html. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed -up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. SECTION 15 Section 8 -2900 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2900. Adoption by reference. There is adopted by the city that certain code known as the California Green Building Standards Code, 204-3 2016 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Green Building Standards Code "), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Green Building Standards code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Green Building Standards code, as thus amended, together with all other provisions of this article, shall be known as the city Green Building Standards code. SECTION '16: Section 14 -1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -1. Adoption by reference. There is adopted by the city that certain code known as the California Fire Code 284-3 2016 Edition, based on the 284-2 2015 International Fire Code as published by the International Code Council, (hereinafter referred to in this article as the "California Fire Code" or "fire code ") and the whole thereof including the Appendices therein, errata issued during and after the publishing date, save and except such portions as are hereinafter deleted or amended, of which code not less than one (1) copy has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. Said code is adopted and incorporated as fully as if set forth at length herein and, subject to all amendments set forth in this article, shall be in effect within the city from the effective date of this article. Any provision of this article amending the above mentioned codes Ordinance No. NS -XXXX Page 11 of 51 75A -35 shall be construed as amending the 292 2015 and 293 2016 editions thereof including such provisions enacted prior to this adoption of the said 29-1-2 - and- 29 -1-3 2015 and 2016 editions and not thereafter repealed. The International Fire Code, 2-42 2015 edition and the California Fire Code 201.3 2016 edition, as thus amended, together with all other provisions of this article, shall be known as the "Fire Code of the City of Santa Ana." SECTIOR 17: Section 14-3.1 is hereby amended and revised as follows: -Violation .• 0• •. 0' '- e all eFeGt, install, e o e e o • e- 0• 9.4.3. e e• ues after due netlGe has been served shall b :a • • , add d •• as prG,44ed ••. ee maintaining e o es under their Gontrel shag b gu#�Y of an hg*aG4qP. (G) 8eGti 100.4. it e. -194,11.2 QbGtF „ t .mot -9 1 n,- �4.11.3 Sy-stern_s- BeV[Ges 107.5 QverGrawd+ag 1093 2 Qewfpl4anGe with Orders a, 4-N4#Ge9 1� 1 1 -�-1- ;•- F-aitl+afe- te—,� 305.4 Deliberate er negligent-laufniRg 30&1.2 ThFewIn of..t�9R ,340,7 Burning 01he +e. Ordinance No, NS -XXXX Page 12 of 51 75A -36 ••- a as (a) Section 109.4 Violation penalties. any issued orders or notices or who shall erect, install alter, repair or do work in violation of the approved construction documents or directive of the fire code official shall be deemed a separate offense. (b) Section 109.4.2 Infraction and misdemeanor is hereby added as follows: 109.4.2 Infraction and misdemeanor. Persons operating or maintaining an occupancy, premises or vehicle subject this code that shall Permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. quilty of a misdemeanor. SECTION 18: Sections 14 -4 - 14 -4.6 are hereby deleted in their entirety: 11. „_ .ee -�- e a _ a • as ♦ ♦ ■ \ w a ■ . r. r Wj D. e- .ea used-by4qG e within the Geunty of Orange for emargenqy—af-id—ne a a :0 M a Ordinance No. NS -XXXX Page 13 of 51 75A -37 an4-ra4ie- e#est+verFes&-w�t4 - Wildin^ys and st yes-- ender- the- GswMYwide Gagrdinated -Gamwj anti©n -System e e _ . G Cam' G C e 1 . Nip 111,11 ss G 0.111 -s es - s s G- G . . ... :L7IF:1LT7JT.T.ifLS7P1 ZTFTtZ7U."TT__19 � m- s - e -s IFs- em e c �- a e- s• e• •s i m- 9 M ,L%%, W. LVJ�,W&lj - . mel c Ordinance No. NS -XXXX Page 14 of 51 75A -38 e 2111 INS IRA.. .. - e- �v�s��►. �R. �r* r_ w�. � :sr:�rcarsss�iwearsn:sr�i't�rr.� rasrsar�r.. aasanra e 01 Will WIN 11,11-011 14— _E1tMe' c - .fr=ill[ � E. e_ We Noll PIN, .. WIMRffel m e Secs, 14 -5 4 -14 -9. Reserved. SECTION 19: Section 14 -21 is hereby amended as follows: Sec. 14 -21. - Definitions (Section 202). �.- 6- -e. ee a :e •• [Departure r GO � � -a G • r Ordinance No. NS -XXXX Page 15 of 51 75A -39 gep-cy GperatiGrisv e e ee :e e HAZARDOUS-RRELAR c G. IRA_ M_ aft-216 e - - A' ea- awsomm. - - a gqlffi a GG- G cs A G R I e a G R .1 UUMP 'rA44 €9FF-- AND- LAND4NG -AREA. T�emb'r;ation of the !@RdOq�twed W4h„ +Ah, cur ndiRgsafetyarea. Section 202 General Definitions Is hereby revised by adding "OCFA," "Sky Lantern," and "Spark Arrester" as follows: 202 General Definitions OCFA- Orange County Fire Authority, fire authority having iurisdiction, Ordinance No. NS-XXXX Page 16 of 51 75A -40 1. Removing and retaining carbon and other flammable particles /debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366, 2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28. SECTION 20: Sections 14 -22 is hereby amended as follows: Sec. 14 -22. - General requirements (Chapter 3). runaMWITIMfIvii �i - - Re ME MM shall— be— in— aGGOfdance with— Shapter 49 e"�',vegetati -R— managemept gu~� '�,� ' (a) yJSMe�'ctiiion,�� 304,1.2 Vegetation. Type, amount, or arrangement of weeds, grass, vines or other growth that is capable of being ignited and endangering property needing to comply with OCFA Guidelines, shall be cut, thinned and removed by the owner or occupant of the promises in accordance with OCFA Guideline C -05 "Vegetation Management Guideline — Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program. Vegetation clearance requirement in urban - wildland interface areas shall be in accordance with Chapter 49. e m ! I 0 ' :: : e:-e e 1 i �_ _ ■ ■ :■ 0 1 r Ordinance No. NS -XXXX Page 17 of 51 75A -41 e• -e- e• (b) Section 305.6 Hazardous Conditions is hereby added as follows: 305.6 Hazardous conditions. Outdoor fires are not allowed when predicted sustained winds exceed 8 MPH during periods when relative humidity is less than 25%0 or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official. 305; 64."- Fu&kMo4if+sa4Gn- Areas. 0 r- -firaa- u"- wood -or -other °col sh;;" not- -ignited d n a el- rraedifieatien area IM e � ee .e ,T,Iwi "M0170 WIN 'Williffi—M e e e e (c) Section 305.7 Disposal of rubbish is hereby added as follows: 305.7 Disposal of rubbish. Rubbish trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 30721. -1 ml �#Tn n ME Imm Mmem ME e gt Wall • e - e a. -T 0 .0 Ordinance No. NS -XXXX Page 18 of 51 75A -42 000 0 1 0 0. .0 a e- eo 1 G ■. C00 .0 0. 0. wWaL-M • r.TMMTM Mff.l I ME M. Q a 0 ., 0' G C 0' 0^ r�yr.- zz�rrrWM 0 n• :e ee 1 ./ 0 0 0: --iRed by the Fire •. 0 (d) Section 307 Outdoor Fireplaces, fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows: 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies, Outdoor fireplaces fire pits, fire rings or similar exterior devices used at Group R shall comply with this section. Exception: Barbeques grills and other portable devices intended solely for co °king, 307,61 Gas - fueled devices. Outdoor fireplaces, fire pits and similar devices and not wood or other solid fuel. At R -3 occupancies combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the Ordinance No. NS -XXXX Page 19 of 51 75A -43 minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202. shall be contained within a firebox with an attached chimney. The opening in of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305 307, and 308. unless determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. (e) Section 309.2.1 Indoor charging of electric cartsicars is hereby added as follows: carts /cars wnere the comoinea voiume or au pattery eiectroiyte exceeas ou quor shall comply with following: 1. Spill control and neutralization shall be provided and comply with Section 608.5. 2. Room ventilation shall be provided and comply with Section 608.6.1 3. Signage shall be provided and comply with Section 608.7.1 4. Smoke detection shall be provided and comply with Section 608.9. 29- Wry 2 M1 Ordinance No. NS -XXXX Page 20 of 51 75A -44 -xe •: e- e: x war - - e c e x ee ' Iffib, 11-1.111.1 x (f) Section 320 Fuel Modification Requirements for New Construction is hereby added as follows: (g) Section 321 Clearance of brush or vegetation growth from roadways is hereby added as follows: portions of highways and private streets which are improved designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow -line or the end of the improved edge of the roadway surfaces. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers provided that they do not form a means of readily transmitting fire. (h) Section 322 Unusual Circumstances is hereby added as follows: 322 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist: 1. Difficult terrain. 2. Danger of erosion. 75A -45 Ordinance No. NS -XXXX Page 21 of 51 rare, endangered and /or threatened species. 4. Stands or proves of trees or heritage trees. (i) Section 323 Use of Equipment is hereby added as follows: engine is equipped with a spark arrester as defined In Section 32-3.4 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire. Exception: 1 Engines used to rovide motor power for trucks truck tractors, buses, and passenger vehicles except motorcycles are not subject to this section if 2. Turbocharged engines are not subject to this section if all exhausted gases 323:- 1 -S"rk ar-resteLrs.�par-k- artisterss "all- carnpl he- fioNeMW. ateriaAE37WIG@iy •. • • • _ e of G9MI96IStIeR engine that uses hydFGGarben fu&[&�NG44&-q6a4fie�d Fated b04"p4ed,Sitate6-Parest- Service- 2. pa*--afFestsf-s-�ffixe4-te4he exhayst ef engines 9P V a 99GtjeR 322 shall net be plased or e Section of • i. and Devices Generating Heat, Sparks Open Flames e• added as follows: any forest- or brush - covered land or non - irrigated grass- covered land, no person shall use or operate any welding equipment cutting torches, tarpots, grinding devices or other tools or equipment that may produce a spark fire or flame that could result in a wildfire without doing the following: Ordinance No. NS -XXXX Page 22 of 51 75A -46 1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30 foot clearing cannot be achieved then an alternate method shall be approved by the AHJ prior to work starting. 2. Maintain one serviceable round point shovel with an overall length of not less than forty -six (46) inches and one backpack pump water -type fire extinguisher fully egu> Aped and ready for use at the immediate area durinq the operation. 3. Stop work when winds are 8 MPH during periods when relative humidity is less than 25 %, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official or when such fires present a hazard as determined by the fire code official. 4. Keep a cell ohone nearby and call 911 immediately in case of a fire. Section 323,2 Spark Arresters is hereby added as follows: 323 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. uaw�vrsr■.r.�y�r�r.�rsrFr ee e' ee- oe e- e e e e e e FxoeptiEw, -e -e - ��JSSI�ISf7C - f'�SS -�SlS (1) Section 324 Sky Lanterns or similar devices is hereby added as follows: 324 Sky Lanterns or similar devices. The ignition and/or launching of a Sky Lantern or similar device is prohibited. (1- -- ection -325 Trespassing -on- Posted pro pedy s hereby- added- a&fG4ews: Ordinance No. NS -XXXX Page 23 of 51 75A -47 Are- because C G G O G Rtd Ghanged 0 0' 0 0 0 roved G GG' G 0 CO G C p,raWbited. 0 G C agents 'G added G G' C 0 C G GG G C C 0 0 adequate approved by 41— 41— -ede offieW.��tiams must b tethered in a safe maRReF W RraveRt them freni4eavhg thp Area and m C' G SECTION 21: Section 14 -23 is hereby amended as follows: Sec. 14 -23. - Emergency planning and preparedness (Chapter 4). Chapter 4: Emergency Planning and Preparedness. Adopt only the Sections listed below: 1. 401 2, 401.3.4 3. 401.9 4. 402 5. 403 6. 404.6 404.7.6404.5-404,6.6 7. 407 8. 408.3 1— 408:3:2 9. 408.12 40— Ordinance No. NS -XXXX Page 24 of 51 75A -48 (a) Section 407.5 is revised to read as follows: Classification Packet in accordance with Section 5001.5.2. SECTION 22: Sections 14 -24 is hereby amended as follows: Sec. 14 -24. - Fire service features (Chapter 5). Chapter 5 Fire Service Features is adopted in its entirety with the following amendments: (a) SECTION 501.1 Scope is revised to read as follows: 501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official with OCFA Guideline B -09, "Fire Master Plan for Commercial & Residential Development." Fire service features for buildings, structures and premises located in State Responsibility Areas shall also comply with OCFA Guideline B -09a, "Fire Safe Development in State Responsibility Areas.' e.e e0. RM • .e e l C e W IN e e a � — e:C a _ � • OO e e.e a ec a-dwelliRg--un[ts-and the read ciops not Pxnped 150 4-at in lengtln,,��Wh be 24 fee GG-rnm). length a- oa .•• e (c b) Section 505.1 Address Identification is revised as follows: 505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the Ordinance No, NS -XXXX Page 25 of 51 75A -49 property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm) for R -3 occupancies, for all other occupancies the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. Mwq : OLD,. C C C • 0 C- Ge- pti6nS: _._.,._ .e- •e. Ee- �Seetl,Gns 510.2; are hereby deleted without replaeemapt_. (c) Section 510.1 Emergency responder radio coverage is revised to read as follows: 510.1 Emergency responder radio coverage in new buildings. All new buildings Emergency Responder Radio Coverage System shall comply with the local authority having iurisdiction's ordinance and this code. Exceptions: Ordinance No. NS -XXXX Page 28 of 51 75A -50 I . Where it is determined by the fire code official that the radio coverage system is not needed, 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system. This section shall not apply to the following: 1, Existing buildings or structures unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and /or expansion, 2. Elevators. 3. Structures that are three stories or less without subterranean storage or parking and that do not exceed 50,000 square feet on any single story. 4. Wood - constructed residential structures four stories or less without subterranean storage or parking that are not built integral to an above .ground multi -story parking structure, 5. Should construction that is three stories or less that does not exceed 50,000 square feet on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas. (d) Section 510,2 Emergency responder radio coverage in existing buildings is deleted without replacement. (e) Section 510.4.2.2 Technical Criteria is revised to read as follows: power of radio sites, and other supporting technical information. 1. The frequency range supported from the 800 MHz Countywide Communications System shall be 851 -869 MHz (base transmitter frequencies). 2. The frequency range supported to the 800 MHz Countywide Communications System shall be 806 -824 MHz (radio field transmit frequencies). 3. A public safety radio amplification system shall include filters to reject frequencies below 851 MHz and frequencies above 869 MHz by a minimum of 35dB. Ordinance No. NS -XXXX Page 27 of 51 75A -51 4. All system components must be 100 percent compatible with analog and digital modulations after installation without adjustments or modifications. The systems must be capable of encompassing the frequencies stated herein and capable of future modifications to ._..a frequency range subsequently established by the jurisdiction. 5. Active devices shall have a minimum of -50 dB 3rd order intermodulation protection. 6. All active in- building coverage devices shall be FCC Fart 90 Type Certified. (f) Section 510.5.1 Approval prior to installation is revised to read as follows: (a) Section 510.52 Minimum qualification of personnel is revised to read as follows: A valid FCC - issued general radio operator's license. 2. Certification of in- building system training issued by a nationally recognized organization school or a certificate issued by the manufacturer of the equipment being installed. h) Section 510.5.3 Acceptance test procedure item 7 is revised to read as follows: 510.5.3 Acceptance test procedure When an emergency responder radio coverage system is required and upon completion of installation the building q wner shall have the radio system tested to ensure that two -way coverage on each floor of the building is not less than 90 percent. The test procedure shall be conducted as fo I lows: As part of the installation a spectrum analyzer or other suitable test equipment_ shall be utilized to ensure spurious oscillations are not being ,generated by the subject signal booster. This test shall be conducted at the time of installation and subsequent annual inspections by the FCC licensed technician hired by the property owner and an OCSD /Commun!cations Division FCC - certified technician. (c) Section 510.6.1 Testing and proof of compliance is revised to read as follows: Ordinance No NS -XXXX Page 28 of 51 75A -52 510.6.1 Testing and proof of compliance. 1. In- building system components shall be tested to determine general functional operability. 2. Signal boosters shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. can be determined. 4. Other active components shall be checked to verify operation within the manufacturer's specifications. 5. If noncompliance is found, the FCC licensed technician will assess improvements necessary and provide such information to OCSD Communications and the fire and building code officials. 6. At the conclusion of the testing a certification report which shall verify compliance with Section 510.5.3, shall be submitted to OCSD Communications and the fire and building code officials. SECTION 23: Sections 14 -29 is hereby deleted in its entirely and Chapter 6 is adopted in its entirety without amendments. Sao. -4 -2-g. •.- Building- seFVisesai (a)— Sestioa� 60. cs e is hereby an}erded- as4oNows: KNIVOWN&A WIMIM !e �iw- 5933 Will eee ee 00 e0 •- e a- e .ee - -e' e M e e Ordinance No. NS -XXXX Page 29 of 51 75A -53 ?. Spi'N'- ^Gontro-l- and- neut�aai�atien� #- iatl- be- preuided- and- eot -ripty ` " -�'�", -mac -tiara 688 e. _ �• Sec. 14.29 Reserved. SECTION 23: Sections 14 -30 is hereby amended to read as follows: Sec. 14.30. - Fire protection systems (Chapter 9). (a) Section 903.2 Where required is hereby amended as follows: 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists: New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire - extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet (465 M2) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists: a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or b. When an addition exceeds 2000 square feet (186 m2) and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or c. An additional story is added above the second floor regardless of fire areas or allowable area. Exception: Group R -3 occupancies shall comply with Section 903,2.8. RIMM"IeTMIRNWIRS! e Ordinance No. NS -XXXX Page 30 of 51 75A -54 1 - III p MW R . (b) Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows: 903.3.5.3 Hydraulically calculated systems, The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3 De i r TABLE 903.3.5.3 HYDRAULICALLY CALCULATED SYSTEMS 100 110 120 130 140 ISO PSI RIM •. a e . e- -e e o 15 �. 2- -- Milted -area system -sue - -ewer— tha4- 20- sK- i4k[ers MINIMe_ 75A -55 Ordinance No. NS -XXXX Page 31 of 51 e e ee e Ce. I\ e 'e > \W O! a e. - •TT Re T- e R� r WIN EFceptl®li&; 1. q�.r-p,,,t traffiG ,.,,r + r„ +eWeFS 1n- aec -GFda iee -w4h Qndp - e nam .e � e - • 1. Ordinance No. NS -XXXX Page 32 of 51 TT T. .e. 75A -56 GLtife= ■ e. G. ^C ee a e• Offil LOOPS, ' e e e e WWWRION e eG e e e e CC ee a C- ' e- --- aieua'tor-gre 4ps: — C'nn�h f�rvnvr_. 4— r^%a&- o�fuge -as- defined -ingh@ r-2 -5— Dwe&g- uRta- +n-a garEmaRt ,"� - a 5. e.• •e � e C e Ordinance No. NS -XXXX Page 33 of 51 75A -57 e -- e, e. -e M m-e^ RMtOMIKOTMID e - e a S7- 'lL�1�f. 17T.S' _ e e .e' 1. -,Smoke- -det to;s: 2. — SpFiRE✓'er oVater flow devices. 3. Manual fiFe alaFm boxes-. c"o 1f. c i- m, •f e- -m. e � o SECTION 24: Sections 14 -33 is hereby amended to read as follows: Sec. 14 -33. - Aviation facilities (Chapter 20) is adopted in its entirety without amendments. SlaGbGn-2009 Erne enGy HekGptep L y Cnnll•+, (FHI C) and Its ----- hereby added as -fe4 ws. � €C�3P1 -2 -9g� -e m C' Will MCA' a-IFI-11-0111 F ee O- 1.�. . • Big e e e C ^ e^ _rm e Ordinance No, NS -XXXX Page 34 of 51 75A -58 - ee 11 MINOR e W. e e e o: e- e• }ic m 1-- 10121IN e - - rr' ` AM •m m■ o �� e IFiIIII IFiIIII mm: e e e S e- mmm - - r m L' 'o e e e IFiIIII KNOWN# e_ — a e- e• Ii�iYW1i�Y 75A -59 7iTSTOT -�s�. Ordinance No. NS -XXXX Page 35 of 51 20' Inside Diameter 2' Line . Width Red in Color 1 °5 Address Numbers: ° 5' W l 2346 1' Line e Width Black in Calory Numbers: 10' High 2' Line Wdth Red in Color Touchdown Pad Boundar Vin Width Red in ColaL ea e . » . oe 50' SECTION 25: Sections 14 -34 is hereby amended to read as follows: Sec. 14 -34. - Lumber yards and woodworking facilities (Chapter 28). (a) Section 2801.2 Permit is hereby amended by adding the following statement to the last sentence: 2801.2 Permit. Permits shall be required as set forth in Section 105.6. For Miscellaneous Combustible Storage Permit, see Section 105.6.29. (b) Section 2808.2 Storage site is hereby amended as follows: Ordinance No. NS -XXXX Page 36 of 51 75A -60 2808.2 Storage site. Storage sites shall be level and on solid ground or other all - weather surface. Sites shall be thoroughly cleaned and approval from the fire code official obtained before transferring products to the site, (c) Section 2808.3 Size of piles is hereby amended as follows: 2808.3 Size of piles. Piles shall not exceed 15 feet (4572 mm) in height, 50 feet (15 240 mm) in width and 100 feet (30 480 mm) in length. Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to the following: 1. Storage yard areas and materials - handling equipment selection design and arrangement shall be based upon sound fire prevention and protection principles. 2. Factor that lead to spontaneous heating shall be identified in the plan and control of the various factors shall be identified and implemented including provisions for monitoring the internal condition of the pile, 3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants. 4. Fire apparatus access roads around the piles and access roads to the top of the des shall be established identified and maintained. 5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program. Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features. (d) Section 2808.7 Pile fire protection is hereby amended by adding the following statement to the last sentence: 2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning /smoldering areas. (e) Section 2808.9 Material - handling equipment, is hereby amended by adding the following sentence at the beginning of the section: Ordinance No. NS -XXXX Page 37 of 51 75A -61 2808.9 Material - handling equipment. All material handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material - handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire - fighting operations, (f) Section 2808.11 Temperature control, is hereby added as follows: 2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2. (g) Section 2808.11.1 Pile temperature control, is hereby added as follows: 2808.11.1 Pile temperature control. Piles shall be rotated when the internal temperature readings are in excess of 165 degrees Fahrenheit. (h) Section 2808.11.2 New material temperature control, is hereby added as follows: 2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall be monitored to verify that the temperature remains stable. (i) Section 2808.12 Water availability is hereby added as follows: minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile Th the tank(s). (i) Section 2808.13 Tipping area is hereby added as follows: 2808.13 Tipping areas shall comply with the following: 1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet. 2. Material within a tipping area shall not exceed 5 feet in height at any time. 3. Tipping areas shall be separated from all piles by a 20 foot wide fire access lane. 4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area. Ordinance No. NS -XXXX Page 38 of 51 75A -62 5. All material within a tipping area shall be processed within 5 days of receipt. W Section 2808.14 Emergency Contact is hereby added as follows: SECTION 2e: Section 14 -35 is hereby deleted in its entirety: ,.. ...,.e e e ,. s: e se e ee e the ee^ e teRtative map. 2. Final fuel modifiGation plans shail be subrAlt4ed te and e e• 0 3. The fue-I ME)difiGat'GR plans shall meet the Groterl ­4 e M.. e e • . e e b •e e• A• 0 fire God e' elements 5, All e with the approved plan and are e e e _o Sec. 14-35. Reserved. Ordinance No. NS -XXXX Page 39 of 51 75A -63 SECTION 27: Section 14 -36 is hereby amended to read as follows: Sec. 14.36. - Hazardous materials — General provisions (Chapter 50), (a) Section 8001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby amended by modifying the starting paragraph as follows: 5001.5.2 Hazardous Materials Inventory Statement (HMIs). Where required by the fire code official, an application for a permit shall include Orange County Fire Authority's Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and /or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information: 1. Product Name 2. Component 3. Chemical Abstract Service (CAS) number 4. Location where stored or used. 5. Container size 6. Hazard classification 7. Amount in storage 8. Amount in use - closed systems 9. Amount in use -open systems. (b) Table 5003.1.1(1) Maximum Allowable Quantity per Control Area of Hazardous Materials Posing a Physical Hazard is hereby amended by deleting Footnote K without replacement as follows: (k) A-ma*um_q uantlty of 200 p +quid Cla'ss_..3 irJ' II p rl h h ..f .+I r. fn —ail -ten nnn ..n�crr'ccr.Tr:TUr cry ?cs�c�— vv�n�,� •• ••r•c •, • r {�u rpeses ;- operat+on- sr-- sar�itatian -ofi - equient - wt7eri -the- storage- c- sntainers -and the @ (c) Section 5003.1.1.1 Extremely Hazardous Substances is hereby added as follows: 5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property. (d) sSreo"n Gnnavv3 o -i c.. ^ rI : d is #: �F: horoh ;mended-- bY- n�ed+fi�ing-'th® NFPA anda-rd as'fG4Gws; R�avv>T5- -i"i'wa+mari-c�n -ivy nn I Inlocn nfh 'oa nvnm n4c.r1 hi 4hn f'rn nnrin . Batten -$ icd r�or-a offisia. - tty- -i NV --I nno for the nnon'4'n rnatprl2 nnni� 1i 4 nh.+ll ho n1,gg J on Autf�erit�Sit,}r -taa ... ..r.,.,..,....._.�.. . __... Ordinance No, NS -XXXX Page 40 of 51 75A -64 SECTION 28: Section 14 -37 is hereby deleted in its entirety and Chapter 55 is adopted in its entirety with no amendments. Ill —�QQMTM MINOR Sec. 14-37. Reserved. SECTION 29: Section 14 -38 is hereby amended as follows: Sec. 14 -38. - Explosives and fireworks (Chapter 56). e. 1 I .e• e I e I. WN 221 e e 2^ a e 2 ^►:TlL fet . . - ��F17S� .}1:179^- i�TSi177T.r:R.{': Ep e MM vim Elm e e e- ee -e e. Ordinance No. NS -XXXX Page 41 of 51 75A -65 •e - x x a r •e != (a) Section 5698.2 Firing is hereby added as follows: 5698.2 Firing. All fireworks displays regardless of mortar, device, or shell size, shall be electrically fired. (b) Section 5698.3 Application for Permit is hereby added as follows: roads and other means of transportation the lines behind which the audience will be restrained the location of all nearby trees telegraph or telephone line, or other overhead obstructions shall be provided to OCFA. SECTION 30: Section 14 -39 is hereby amended as follows: Sec. 14 -39. - Flammable and combustible liquids (Chapter 57) is adopted in its entirety without amendments, e e 11 e :. r . •: SECTION 31: Section 14 -40 is hereby deleted in its entirety and Chapter 60 is adopted in its entirety without amendments. Ordinance No. NS -XXXX Page 42 of 51 75A -66 : OEMu SECTION 32: Section 14 -41 is hereby amended to read as follows: Sec. 14 -41. - Referenced standards (Chapter 80). (a) NFPA 13, 24U 2016 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows: (1) Section 6.8. 7.3 is hereby amended as follows: 6.8 7.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2'/2" inlets. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red, When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 '' /2" inlets shall be provided. (2) Section 8.3.3.1 is hereby amended as follows: 8.3.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick - response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following: MrA Ordinance No. NS -XXXX Page 43 of 51 75A -67 c- e sprinklers 0 Quick - response type as defined in 3,6.4.8 2. Residential sprinklers in accordance with the requirements of 8,4.5 3. Quick response CMSA sprinklers 4. ESFR sprinklers 5. Standard - response sprinklers used for modifications or additions to existing light hazard systems equipped with standard - response sprinklers 6. Standard - response sprinklers used where individual standard - response sprinklers are replaced in existing light hazard systems a- �_� - e "' ,. ee 2 MW e- (4) Section 11.1.1.1 is hereby added as follows: 11.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve "G ". Use is considered undetermined if a specific tenant /occupant is not identified at the time the sprinkler plan is submitted, Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy. (5) Section 11.2.3.1.1.1 is hereby added as follows: Ordinance No. NS -XXXX Page 44 of 61 75A -68 11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official: 1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2) Use a maximum of 40 psi, if available; 3) Utilize the Orange County Fire Authority water -flow test form /directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California. MR WN 1 '1104.1 e we e OR - e . a e. WIN 2 0 0 WIN - 0• •m •■ ■ ■ m. e e•^ -e e e6` •e � e e• e O 0 Om• m .mm e D (c) NFPA 13D 2013 riditi fe, Star+dard - -Eo ht-- instaHatiGn- of-Siarin4dOr- Sy$t -GRr n One-4PA- Two-Fa m 4y- i]'wel[iings and Mann fa Gtured 'Jo.mac 'e horeby nFAerid 'ed, as- foilews: 4+1.3 -Stock efsgaripr-in#kers (2*Section- 4,-1,3.. -1-is -her e 0 75A -69 Ordinance No. NS -XXXX Page 45 of 51 + MR-12 =1 12411 .0 G'•G a Ge wal .G e •� e G . �� . e. .p r. e G e •� -e 0 G •G CC C t G G 0' G 0 � Mimi WIN- M00 ;G RIM MMAM _ '. (d) NFPA 14, 2013 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows; (1) Section 7.3.1.1 is hereby is deleted in Its entirety and replaced as follows: 7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the Ordinance No. NS -XXXX Page 46 of 51 75A -70 finished floor. Class II Standpipe hose connections shall be unobstructed anc shall be located not less than 3 feet or more than 5 feet above the finished floor. RUN 010" IAMMA- o MINOR! lilill!llllili!lllllll mill Muggzag A ! ee e e- e e - e oe 'e eC -e e- �aramtsssarTr. • . m e e e - e Mi ON Ordinance No. NS -XXXX Page 47 of 51 75A -71 0 (1) Section 6.2.8.1 is hereby added as follows: 6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red. Exceptions: Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted. 2. Where OS &Y valves on the detector check assembly are the only control valves at least one OS &Y valve shall be painted red. (2) Section 6.2.9 is hereby revised to read as follows: All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated: (1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height a post indicator valve shall be permitted to be installed closer than 40 ft (12 ml but at least as far from the building as the height of the wall facing the post indicator valve. (2) A wall post indicator valve (3) An indicating valve in a pit installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one Indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer. (5) Control valves installed in a fire -rated room accessible from the exterior Ordinance No. NS -XXXX Page 48 of 51 75A -72 (6) Control valves in a fire -rated stair enclosure accessible from the exterior (3) Section 10.1.5 is hereby added as follows: 10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA G150 Method A, B, or C. All fittings shall be protected with a loose 8 -mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section. Exception: 304 or 316 Stainless Steel pipe and fittings (4) Section 10.4.1.1 is hereby revised to read as follows: 10.4.1.1 All bolted ioint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion - retarding material after installation. Exception: Bolted joint accessories made from 304 or 316 stainless steel (5) Section 10.4.1.1.1 is hereby added as follows: 10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel. (6) Section 10.4.3.2 is hereby revised to read as follows: from the interior face of the exterior wall to the center of the vertical pipe The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2,1 through 10.4.3.2.4. SECTION 33: Section 14 -47 is hereby amended to read as follows: Sec. 14.47, Appendices. The following appendices are not adopted by the City: Appendix A Is deleted in its entirety without amendments. Appendix D is deleted in its entirety without amendments Appendix E Is deleted in its entirety without amendments. Appendix P is deleted in its entirety without amendments Appendix G is deleted in its entirely without amendments. Ordinance No. NS -XXXX Page 49 of 51 75A -73 Appendix I is deleted in its entirety without amendments. Appendix J is deleted in its entirety without amendments. Appendix K is deleted in its entirety without amendments. Appendix L is deleted In its entirety without amendments. Appendix M is deleted in its entirety without amendments. Appendix N is deleted in its entirety without amendments. SECTION 34: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 35: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation or ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there under appertaining shall continue in full force and effect. ADOPTED this _ day of November, 201 a APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: alto re `�`2 ot� Lisa Storck Assistant City Attorney Ordinance No. NS -XXXX Page 50 of 51 Miguel A. Pulido Mayor 75A -74 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No, NS -XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on November_ _, 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 75A -75 Ordinance No. NS -XXXX Page 51 of 51 75A -76