HomeMy WebLinkAbout FULL PACKET_2017-08-01MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JULY 5, 2017
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (6:20 P.M.)
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
COUNCILMEMBERS Absent:
None
STAFF Present:
CYNTHIA J. KURTZ, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS - None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:16 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant
to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government
Code:
1. Maria Quintanilla v. City of Santa Ana, US District Court, Case No. 8:16-
cv-01400-JLS (JCx)
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CITY COUNCIL MINUTES 1 JULY 5, 2017
2. Margarita Alvarado -Haves v. City of Santa Ana; Workers' Compensation
Appeals Board case #ADJ9114063
2. 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 case
3. THREAT TO PUBLIC SERVICES OR FACILITIES - Pursuant to Government
Code section 54957.
Consultation with: Santa Ana Police Department, Acting Police Chief
Valentine
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: Personnel Services Executive Director, Ed
Raya
Employee Organizations: Santa Ana Police Officers Association (POA)
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 6:26 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING.
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CITY COUNCIL MINUTES 2 JULY 5, 2017
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:29 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
COUNCILMEMBERS Absent:
None
STAFF Present:
CYNTHIA J. KURTZ, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
DR. CURTIS SMITH, POLICE CHAPLAIN
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Park
Santiago Neighborhood Association for their outstanding contributions to the community: Bill
Bonnett; Michael O'Valle; Michelle O'Valle; James Rosenquist.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the staff
of Manos Unidas Creando Arte for their outstanding artistic contributions to the community:
Reyna Artero; Esther Hernandez; Maria Quezada.
CLOSED SESSION REPORT — No reportable actions.
CITY COUNCIL MINUTES 3 JULY 5, 2017
PUBLIC COMMENTS
• Steve Rocco, spoke in opposition to Agenda Items 11B and 11C; also on rules of
decorum.
• Mike Lopez, spoke on Agenda Item 11C, requested funding consideration for SEIU union
members that are equitable to the proposed Memorandum of Understanding with the
Police Officers Association (POA).
• Janelle McLoughlin, representing the Environmental and Transportation Advisory
Committee, requested funding for tree maintenance program.
• Carl Benninger, opined that SEIU members have made concessions in the past and
expect like pay with other union members.
• Kim McPeck, echoed comments by other SEIU representative.
• Lisa Cody, commented on need for equal benefits are proposed for POA members to
other bargaining groups.
• Roberto Maciel, supports funding for immigration universal representation program.
• Conception Rodriguez, Lacy Neighborhood resident, expressed support for legal
representation.
• Idalia Rios, expressed support for $65,000 funding for immigrant community program.
• Kimberly Castro, spoke in support of deportation defense fund.
• Maricela Castro, supports funding of legal representation.
• Dianicia Robles, supports proposal that will keep families together.
• Blanca Robles, spoke against deportation of residents that have not committed crimes —
proposed funding will assist families.
• Jim Reeves, opined that all employees are equally valuable and needed to keep City
functioning; fair treatment requested.
• Monica Suter, recounted past when union members gave back 24%; noted that all
employees aspects of public safety that are core to provided full services to the city;
Council to consider past sacrifices.
• Tony Carrillo, opined that proposal offered by City is demoralizing; request
reconsideration.
• Dora Holguin, long term employee who requested dignified treatment in labor negotiations.
• Edna Monroy, spoke in support of legal representation funding.
• Perla Vinicio, concerned that police department staff continues to protect those that are
hostile at City events; mentioned Arthur Shaper's influence.
• Peter A. Katz, spoke in support of City employees; value all employees.
• Moises Vazquez, represent Latino Health Access, spoke in support of youth services
coordinator.
• Karen Garcia, spoke in support of Youth Services Supervisor position.
• Emily Peraza, opined that Youth Services position proposal will deter crime and implement
proactive programs.
• Charly Varela, supports Youth Services Supervisor position.
• Jackie Cordova, demand resignation of all elected officials.
• Katelyn Ogawa representing Building Healthy Communities, spoke against deportation
legislation; support universal representation funding.
CITY COUNCIL MINUTES
JULY 5, 2017
• Laura Alejandra, opposed to POA raises, concerned with behavior by some police
personnel.
• Ignacio Rios Jr., Resilience Orange County member, spoke in support of funding any
youth programs and universal representation.
• Sergio Hernandez, spoke on Huntington Beach Desalination project (Agenda Item 19D).
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent Calendar
items 10A through 31A, with the following modifications:
• Mayor Pro Tem Martinez, pulled Agenda Items 11B, 11C, 11D, 19C, 25C, 25D,
25E, 29A, and 31A for separate action.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Villegas (6)
None (0)
None (0)
Tinajero (1)
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF JUNE 20, 2017 {STRATEGIC
PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCES/SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the
following ordinance(s) on first reading, such abstention will also be reflected in the minutes
for second reading.
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CITY COUNCIL MINUTES 5 JULY 5, 2017
11A. ORDINANCE SECOND READING - AMEND YOUTH COMMISSION
COMPENSATION {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council
Placed on first reading at the June 20, 2017 City Council meeting and approved
by a vote of 5-2 (Benavides and Tinajero absent).
Published in the Orange County Reporter on June 23, 2017.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2917 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SECTION 2-325 TO THE SANTA ANA
MUNICIPAL CODE RELATED TO COMPENSATION FOR YOUTH
COMMISSION MEMBERS
Placed on first reading at the June 20, 2017 City Council meeting and approved
by a vote of 5-0 (Pulido abstained and Tinajero absent).
Published in the Orange County Reporter on June 23, 2017.
Mayor Pro Tem Martinez, requested that ordinance be amended to reduce
licensing review period to 3 months from 6 months. City Attorney Carvalho,
noted that amended ordinance will be forthcoming.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2918 - ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER 18
AND CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO
MEDICAL MARIJUANA COLLECTIVES (SECTION 18-611, SECTION 18-613,
SECTION 18-617.5, SECTION 18-618, SECTION 18-620, SECTION 18-621,
AND SECTION 18-622 OF ARTICLE XIII OF CHAPTER 18), AND ADDING
SECTION 21-131 OF ARTICLE XII OF CHAPTER 21 OF THE SANTA ANA
MUNICIPAL CODE
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
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CITY COUNCIL MINUTES 6 JULY 5, 2017
ABSTAIN: Pulido (1)
ABSENT: None (0)
Placed on first reading at the June 20, 2017 City Council meeting and approved
by a vote of 5-1 (Martinez dissented and Tinajero absent).
Published in the Orange County Reporter on June 23, 2017.
Mayor Pro Tem Martinez, opposed to budget as proposed; noted that she has
requested forensic audit in the past but only reserves audit received; concerned
with comingling of general and enterprise funds; salary increases; and use of
one-time funds to balance FY17-18 City Budget; supports addition of Youth
Coordinator position and tree maintenance program.
Councilmember Solorio, proposed establishing a Revenue/Fiscal Commission;
noted that use of one-time funds needed due to cancellation of ICE Contract;
request that each recommended action be voted separately; possible Ad Hoc
committee to review universal representation, prioritization, and analyze how
other cities such as Los Angeles and State of California are handling program.
Councilmember Sarmiento, noted that universal representation funds may be
augmented through grant funds; also, proposed police oversight board would be
vested in revieiwing recent allegations over past several weeks.
Councilmember Villegas, expressed support for all City employees.
Councilmember Tinajero, acknowleged sacrifices made in the past; had equal
raise than POA in the past; asked if City negotatied with Arthur Sharpe and if so
funding; supports allocations of universal representation and if Ad Hoc
Committee established wish to Chair; also, in favor of allocating $300,000 for
special election on revenue bond.
Councilmember Benavides, valid question to consider revenue bond; clairied
that Vera Institute has grant funds available if universal reprsentation funds
approved by the City Council; would reconsider budget approval if universal
represenation item not approved.
CITY COUNCIL MINUTES 7 JULY 5, 2017
Mayor Pulido, look into portable water or recycled water to address trees on
medians; willing to support funding for universal representation however
additional information needed at subsequent meeting.
MOTION: (Requires five affirmative votes.)
1. Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2919 - ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL
OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL
YEAR BUDGET PERIOD COMMENCING JULY 1, 2017
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
2. Adopt a resolution
SECOND: Pulido
Benavides, Pulido Sarmiento, Solorio, Tinajero,
Villegas (6)
Martinez (1)
None (0)
None (0)
RESOLUTION NO. 2017-045 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026
TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC
CLASSIFICATION AND COMPENSATION PLANS
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
SECOND: Pulido
Benavides, Pulido Sarmiento, Solorio, Tinajero,
Villegas (6)
Martinez (1)
None (0)
ABSENT: None (0)
*Mayor Pro Tem Martinez supports Youth Services Supervisor position.
3. Approve carry -forward resulting from Contractual/Project savings
during FY 2016-17 within the General Fund in the amount of $65,000 as
result of the inclusion of the Legal Defense Fund program.
CITY COUNCIL MINUTES 8 JULY 5, 2017
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero (4)
NOES: Pulido Solorio, Villegas (3)
ABSTAIN: None (0)
ABSENT: None (0)
** Motion failed by 4-3 vote.
4. Increase the City and General Fund Budget in the amount of $35,000 as
a result of the inclusion for the formation of the Police Department
Oversight Commission.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Tinajero
(5)
NOES: Solorio, Villegas (2)
ABSTAIN: None (0)
ABSENT: None (0)
5. Allocate $350,000 for a potential Special Election on a Revenue
Measure;
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Tinajero
(5)
NOES: Pulido, Solorio, Villegas (3)
ABSTAIN: None (0)
ABSENT: None (0)
*Motion failed by 4-3 vote.
Councilmember Sarmiento motioned, seconded by Councilmember
Benavides to reconsider Items 1 and 2 (because 3 and 5 failed), motion
approved 4-3 (Pulido, Solorio and Villegas dissented).
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CITY COUNCIL MINUTES 9 JULY 5, 2017
Councilmember Tinajero motioned, seconded by Councilmember
Sarmiento to reconsider Items 1-5, motion failed 3-4 (Martinez, Pulido,
Solorio and Villegas dissented). Motion failed.
Mayor Pulido motion, seconded by Councilmember Sarmiento to
reconsider Item 3, motion approved 5-2 (Solorio and Villegas dissented).
Item reconsidered.
3. Approve carry -forward resulting from Contractual/Project savings
during FY 2016-17 within the General Fund in the amount of $65,000 as
result of the inclusion of the Legal Defense Fund program.
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Tinajero
(5)
NOES: Solorio, Villegas (2)
ABSTAIN: None (0)
ABSENT: None (0)
Motion to reconsider Agenda Items 1-2 withdrawn.
Placed on first reading at the June 20, 2017 City Council meeting and approved
by a vote of 4-1 (Martinez dissented, Sarmiento and Tinajero absent).
Published in the Orange County Reporter on June 23, 2017.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2920 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
2017-01 REZONING THE PROPERTY LOCATED AT 317 EAST
SEVENTEENTH STREET FROM COMMUNITY COMMERCIAL (C-1) AND
MULTIPLE -FAMILY RESIDENCE (R-3) TO SPECIFIC DEVELOPMENT NO.
91 (SD -91) (AA NO. 2017-01) AND ADOPTING SPECIFIC DEVELOPMENT
NO. 91 (SD -91) FOR SAID PROPERTY
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CITY COUNCIL MINUTES 10 JULY 5, 2017
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Pulido
Benavides, Pulido Sarmiento, Solorio, Tinajero,
Villegas (6)
Martinez (1)
None (0)
None (0)
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, Code Enforcement and 7/11/2016
Neighborhood Empowerment Committee (Cancellation)
FINAL TRACT MAP NOTIFICATIONS
Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received
this Final Map and is in the process of reviewing the map for final approval. The City
Engineer shall approve or disapprove this map within 10 days of the City Council Meeting.
17A. CERTIFY AND APPROVE FINAL TRACT MAP NO. 17786 BY CITY
ENGINEER (520 SOUTH HARBOR BOULEVARD) {STRATEGIC PLAN NO. 3,
2) - Public Works Agency
MOTION: Receive and file.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE
19B. EXCUSED ABSENCES — NONE
CITY COUNCIL MINUTES 1 JULY 5, 2017
Mayor Pro Tem Martinez, commented on recent pedestrian fatality in front of
Saint Joseph Church; requested update on funding and solutions (cross guards,
etc.)
MOTION: Receive and file.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Pulido
Benavides, Martinez, Pulido Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
None (0)
19D. REPORT ON THE 2016 CALIFORNIA DRINKING WATER CONSUMER
CONFIDENCE REPORT {STRATEGIC PLAN NO. 5, 6) — Public Works Agency
MOTION: Receive and file.
BUDGETARY MATTERS
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 16-059 - CONTRACT AMENDMENTS FOR CHAIN LINK FENCE
RENTALS {STRATEGIC PLAN NO. 5, 4) (Public Works Agency) - Finance and
Management Services
MOTION: Amend the amount by $50,000 for a new total annual amount
not to exceed $117,000, subject to non -substantive changes approved
by the City Manager and City Attorney, with the following vendors:
Vendor Location
United Site Services, Inc. EI Monte
Quality Fence Co., Inc. Paramount
CITY COUNCIL MINUTES JULY 5, 2017
22B. SPEC. NO. 17-045 - CONTRACT AWARD FOR TWO BRIDGEWAVE
WIRELESS SYSTEMS, INSTALLATION AND MAINTENANCE SUPPORT
(STRATEGIC PLAN NO. 6,1F) (Information Technology Department) - Finance
and Management Services
MOTION: Authorize a one-time purchase and payment of purchase order
to Day Management Corporation in the amount of $37,000, subject to non -
substantive changes approved by the City Manager and City Attorney.
PROJECTS
23A. AWARD CONTRACT FOR CONSTRUCTION OF RESIDENTIAL STREET
REPAIR PROGRAM (PROJECT NOS. 17-7522 & 15-6836) {STRATEGIC PLAN
NOS. 6, 1 B; 1 C; 1 G) - Public Works Agency
MOTION:
1. Award a contract and authorize the City Manager and the Clerk of the
Council to execute a construction contract with Gentry General
Engineering, Inc., the lowest responsible bidder, in accordance with the
base bid in the amount of $568,300, for the term beginning upon
execution of the contract and ending upon project completion, for
construction of the Residential Street Repair Program projects, 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 $738,790, which includes the contract bid,
administration, inspection and testing, and an authorized contingency
of $85,245.
AGREEMENTS
25A. ON-CALL CONSTRUCTION SURVEYING SERVICES {STRATEGIC PLAN NO.
6, 1 G) — Public Works Agency
MOTION: Authorize the City Manager and the Clerk of the Council to
execute agreements for the two-year term beginning July 5, 2017, and
expiring on July 4, 2019, with provisions for two one-year extensions
exercisable by the City Manager and City Attorney, for a total amount not
to exceed $250,000 for each firm over the entire term of the agreement,
including any renewals, subject to non -substantive changes approved by
the City Manager and City Attorney.
1. AGMT NO. 2017-159 — With Johnson -Frank & Associates,
2. AGMT NO. 2017-160 — With Inc., Huitt-Zollars, Inc., and
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CITY COUNCIL MINUTES 13 JULY 5, 2017
3. AGMT NO. 2017-161 — With D. Woolley & Associates
25B. AGMT NO. 2017-162 - HUMAN RESOURCE ONBOARDING PLATFORM
SERVICES TO AUTOMATE BUSINESS PROCESSES BY ALLOWING
EMPLOYEES/NEW HIRES TO COMPLETE FORMS ONLINE AND PROVIDE
EMPLOYEES INFORMATION ON BENEFIT ENROLLMENT - Personnel
Services Agency and Information Technology Department
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with NEOGOV for an annual reoccurring amount of $13,558
plus a one-time set up, implementation and training fee of $5,500 for an
amount not to exceed $73,290 for three (3) years for the period of July 1,
2017 through June 30, 2020 and with the option of two (2) one year
renewals, subject to non -substantive changes approved by the City
Manager and City Attorney.
The following spoke on the matter:
• Ilya Tseglia, opposed to funding police salary increases with taxes.
• Robert Tseglia, echoed comments by Ilya Tseglia.
• Carlos Perrea, opposed to salary increases.
Mayor Pro Tem Martinez, concerned with long term costs to the City; structural
deficit.
Councilmember Benavides, commented on parity and need to treat all equally,
will not support matter.
Councilmember Sarmiento, support our officers; concerned with negotiation
tactics; equal treatment and bring all to market rate; hold all employees
accountable.
Councilmember Tinajero, spoke in support of varied shift schedule.
Councilmember Solorio, supports market rate salary to retain police officers;
noted proposal includes takeaways and tiered pension plan.
Mayor Pulido, opined that overall costs are capped and proposal reasonable.
MOTION: Authorize the City Manager and Clerk of the Council to execute
a Memorandum of Understanding with the Police Officers Association,
subject to non -substantive changes approved by the City Manager and
CITY COUNCIL MINUTES
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JULY 5, 2017
City Attorney, regarding wages and other terms and conditions of
employment for a one-year period ending June 30, 2018 for a total cost of
$$3,867,551.
MOTION: Solorio SECOND: Pulido
VOTE: AYES: Pulido, Sarmiento, Solorio, Tinajero, Villegas (5)
NOES: Benavides, Martinez (2)
ABSTAIN: None (0)
ABSENT: None (0)
Arts and Culture Commission approved recommended action on June 15, 2017,
by a vote of 6-0 (Orozco absent).
Mayor Pro Tem Martinez, requested annual update on Commission.
MOTION:
1. Approve the Arts and Culture Commission's recommendations for
Fiscal Year 2017-2018 Investing in the Artist Grant Opportunity in the
amount of $67,500;
2. AGMT NO. 2017-164 - Direct the City Attorney to prepare and authorize
the City Manager and the Clerk of the Council to execute agreements
with artists (in amounts of either $2,500 or $5,000) and art organizations
(in the amounts of either $5,000 or $10,000) awarded funds as part of
the approved program, subject to non -substantive changes approved
by the City Manager and City Attorney.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Pulido
Benavides, Martinez, Pulido Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
None (0)
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CITY COUNCIL MINUTES 15 JULY 5, 2017
Mayor Pro Tem Martinez, requested Pro Forma from developer in order to
assess.
Councilmember Benavides, requested update; prime location for development.
Interim City Manager Kurtz, noted that financial information had been received
and in process of being evaluated; optimistic that second extension may not be
needed; 29 conditions that have to be negotiated.
Councilmember Tinajero, noted that City not able to negotiate with other
developers until this resolved.
Deputy City Manager Cortez, indicated that pro forma and feasibility study
pending; 8 out of 29 points have been agreed upon.
MOTION: Approve First Amendment to the Exclusive Negotiation
Agreement with Caribou Industries for the Third and Broadway
Development which provides for a sixty day extension, ending August 25,
2017, with the option of extending an additional sixty days pending the
City Manager's approval.
MOTION: Benavides SECOND: Pulido
VOTE: AYES: Benavides, Pulido Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: None (0)
25F. EXPEDIATED INSPECTION SERVICES {STRATEGIC PLAN NO. 3, 3) -
Planning and Building Agency
MOTION: Authorize the City Manager and the Clerk of the Council to
execute agreements with an aggregate amount not to exceed $1,000,000,
for a three-year term expiring on July 5, 2020, subject to non -substantive
changes approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 16 JULY 5, 2017
AGMT NO. 2017-166 —With J Lee Engineering Inc.,
AGMT NO. 2017-167 —With Hayer Consultants Inc.,
AGMT NO. 2017-168 — With Bureau Veritas North America Inc.,
AGMT NO. 2017-169 — With Jason Adison Smith Consulting Services, Inc. DBA
JAS Pacific,
AGMT NO. 2017-170 — With Interwest Consulting Group, and
AGMT NO. 2017-171 — With American Engineering Laboratories Inc.
25G. AGMT NO. 2017-172 - ON-CALL REPAIR SERVICES OF ADVANCED
TRAFFIC MANAGEMENT AND COMMUNICATION SYSTEMS {STRATEGIC
PLAN NO. 6, 1 C} - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Crosstown Electrical & Data, Inc.,, for a three-year
period beginning July 5, 2017, expiring July 4, 2020, with provision for two
one-year extensions exercisable by the City Manager, in an amount not to
exceed $50,000 annually, subject to non -substantive changes approved by
the City Manager and City Attorney.
MISCELLANEOUS BUDGETARY ITEMS
Mayor Pro Tem Martinez, questioned increase in premiums; Police Oversight
Committee would help review these type of costs that are police department
driven.
Personnel Services Executive Director, Ed Raya, noted that increase driven by
medical premium costs.
Councilmember Tinajero, requested Acting Police Chief Valentin address
increased costs in the police department in addition to crime rates.
MOTION:
1. Approve the City's continued membership in the Big Independent
Cities Excess Pool Liability Program from July 1, 2017 to July 1, 2018 at
an estimated premium cost not to exceed $3,300,000.
2. Approve the City's continued membership in the Big Independent
Cities Excess Pool Workers' Compensation Program from July 1, 2017
to July 1, 2018 at an estimated premium cost not to exceed $404,000.
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CITY COUNCIL MINUTES 17 JULY 5, 2017
3. Approve the City's continued participation in the Public Entity Property
Insurance Program from July 1, 2017 to July 1, 2018 at an estimated
premium cost not to exceed $650,000.
4. Approve the City's continued participation in the California State
Association of Counties — Excess Insurance Authority's Crime Bond
Program from July 1, 2017 to July 1, 2018 at an estimated premium cost
not to exceed $12,000.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Solorio
Benavides, Pulido Sarmiento, Solorio, Tinajero,
Villegas (6))
Martinez (1))
None (0)
None (0)
LAND USE MATTERS
CONDITIONAL USE PERMITS / VARIANCES
31 A. APPROVE CONDITIONAL USE PERMIT NO. 2017-16 TO ALLOW
CONTINUED USE OF A 60 -FOOT HIGH WIRELESS COMMUNICATION
FACILITY FOR T -MOBILE WEST LOCATED AT 3308 WEST WARNER
AVENUE — SMARTLINK LLC., APPLCIANT {STRATEGIC PLAN NO. 3, 2) -
Planning and Building Agency
Mayor Pro Tem Martinez, opposed to approval of item; concerned with lack of
retrofit of cell tower facilities.
Councilmember Benavides, requested clarification from staff as to whether
blight and improvements desired are reviewed by Planning Commission prior to
review.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2017-16 as conditioned.
MOTION: Benavides SECOND: Solorio
VOTE: AYES: /� / 1 R
Benavides, Pulido Sarmiento, Solorio (4)
CITY COUNCIL MINUTES w� 18JULY 5, 2017
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: Tinajero, Villegas (2)
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. RESOLUTION APPROVING ADDENDA NOS. 1 AND 2 TO THE SANTA ANA -
GARDEN GROVE FIXED GUIDEWAY REVISED ENVIRONMENTAL
ASSESSMENT/FINAL ENVIRONMENTAL IMPACT REPORT ORANGE
COUNTY STREET CAR (SCH# 2010051060) (PROJECT NO. 17-6766)
(NONGENERAL FUND) {STRATEGIC PLAN NOS. 3, 2C AND 413; 6, 1G) -
Public Works Agency
The following spoke on the matter:
• Madeleine Spencer, request continued mitigation efforts that will negatively
impact our community.
Mayor Pulido, requested OCTA follow up on council suggestion to make
presentation on matter.
MOTION: Adopt a resolution.
RESOLUTION NO. 2017-046 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING ADDENDUM NOS. 1 AND 2 TO THE
REVISED ENVIRONMENTAL ASSESSMENT/FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE SANTA ANA -GARDEN GROVE FIXED
GUIDEWAY PROJECT, OTHERWISE KNOWN AS THE "OC STREETCAR"
MOTION: Solorio
VOTE: AYES:
NOES:
ABSTAIN
SECOND: Villegas
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Villegas (6)
None (0)
None (0)
1 QA -19
CITY COUNCIL MINUTES 19 JULY 5, 2017
ABSENT: Tinajero (1)
55B. RESOLUTION RECOGNIZING SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) GRANT REVENUE, APPROPRIATION
ADJUSTMENT AND REVISED REQUEST FOR PROPOSAL FOR PLANNING
CONSULTANTS FOR GENERAL PLAN UPDATE (STRATEGIC PLAN NO. 3,
2A; 5, 6) - Planning and Building Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2017-047 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE RECEIPT OF GRANT
FUNDS OR SERVICES FROM THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG) FOR THE SUSTAINABILITY
PLANNING GRANT PROJECT FOR GENERAL PLAN UPDATE EFFORTS
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2018-005 - Recognizing $325,000 in
the PBA Southern California Association of Governments (SCAG) Grant fund
revenue account and appropriate same in the SCAG Sustainability Planning
Grant expenditure account.
3. Authorize the Planning and Building Agency to release the revised
Request for Proposals to qualified consulting firms to provide planning
and technical services related to land use buildout, urban design,
sustainability, and community outreach materials to support
preparation of the comprehensive General Plan Update for the City of
Santa Ana.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
None (0)
ane on
CITY COUNCIL MINUTES 20 JULY 5, 2017
55C. APPROVAL OF LOAN AGREEMENTS, RESOLUTION, AND APPROPRIATION
ADJUSTMENT FOR THE SANTA ANA ARTS COLLECTIVE {STRATEGIC
PLAN NOS. 5,3A; 5,3C} - Community Development Agency
MOTION:
1. AGMT NO. 2017-173 - Authorize the City Manager and the Clerk of the
Council to execute an amended and restated Community Development
Block Grant and Inclusionary Housing Funds loan agreement with Santa
Ana Arts Collective, L.P. for an additional $2,900,000 in Inclusionary
Housing Funds as approved by City Council on June 20, 2017 for a total
loan amount not to exceed $5,275,000, subject to non -substantive
changes approved by the City Manager and City Attorney.
2. AGMT NO. 2017-174 - Authorize the City Manager and the Clerk of the
Council to execute a loan agreement with Santa Ana Arts Collective, L.P.
for $2,219,760 in HOME Investment Partnerships Program funds as
approved by City Council on November 3, 2015, subject to non -
substantive changes approved by the City Manager and City Attorney.
3. Adopt a resolution.
RESOLUTION NO. 2017-048 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO
ENTER INTO AGREEMENTS WITH THE STATE OF CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD)
FOR AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES
(AHSC) PROGRAM GRANT FUNDING (AGMT NOS. 2017-177 AND
2017-179)
4. AGMT NO. 2017-175 - Authorize the City Manager and the Clerk of the
Council to execute a Subordination Agreement with Bank of America,
N.A. for the amended and restated Inclusionary Housing and Community
Development Block Grant loan agreement and the HOME Investment
Partnerships Program loan agreement, subject to non -substantive
changes approved by the City Manager and City Attorney.
5. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2018-007 - Recognizing Affordable
Housing and Sustainable Communities Program grant funds in the amount of
$1,288,000 in revenue account no. and appropriating same to the Affordable
Housing Sustainable Communities Program expenditure account no. for the
Bush Street Bicycle Boulevard project
MOTION: Benavides SECOND: Pulido
1 OA -21
CITY COUNCIL MINUTES 21 JULY 5, 2017
VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: None (0)
55D. RESOLUTION APPROVING THE CITY'S INVESTMENT POLICY WITH MINOR
MODIFICATIONS (STRATEGIC PLAN NO. 4, 1) - Finance and Management
Services
Mayor Pro Tem Martinez, opposed to any investment or business dealing with
companies in Texas.
Councilmember Sarmiento, concerned with contractors that have hostile
intentions; thorough vetting of all businesses.
MOTION: Adopt a resolution approving the City's Investment Policy,
which includes the following minor modifications:
A. Sets out requirement to establish written investment procedures in
accordance with current industry standards.
B. Allows the City to sell a security for the purpose of pre -paying a debt or
contribution servicing obligation when it is financially advantageous
(for the City) to do so.
C. Amends existing language to comply with current statutory changes,
changes in industry terminology, and recommended best practices.
RESOLUTION NO. 2017-049 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF
INVESTMENT POLICY
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
�nA 0303
CITY COUNCIL MINUTES 22 JULY 5, 2017
ABSENT: None (0)
55E. APPROPRIATION ADJUSTMENT AND RESOLUTION ACCEPTING
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FUNDS {STRATEGIC
PLAN NO. 1, 3B) - Police Department
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2017-050 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANATA ANA AUTHORIZING THE CITY MANAGER,
AND THE CHIEF OF POLICE OR HIS DESIGNEE TO OBTAIN
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
GRANT FUNDS IN THE AMOUNT OF $100,000 AND TO EXECUTE AN
AGREEMENT WITH THE DEPARTMENTOF ALCOHOLIC BEVERAGE
CONTROL FOR USE OF THOSE FUNDS AND EXECUTE ANY
DOCUMENTS OR ASSURANCES NECESSARY FOR OBTAINING GRANT
FUNDS
AGMT NO. 2017-176 — With State of California in an amount not to exceed
$100,000.
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2018-066 - Recognizing $100,000 in
revenue for the Alcoholic Beverage Control Grant Assistance Program and
allocating the same to the various expenditure accounts
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
REPORTS
SECOND: Martinez
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
None (0)
65A. PRESENTATION ON FOURTH OF JULY FIREWORKS — Police Department
1 OA -23
CITY COUNCIL MINUTES 23 JULY 5, 2017
Acting Police Chief Valentin presented brief highlights. Operational period is
June 1 through July 4th: 395 calls for service; 147 education initiates and multi -
language; 16 citations; 5,863 confiscations; no major injury report received.
Mayor Pro Tem Martinez, suggest voter consideration on matter; City hosting
Fireworks event.
PUBLIC HEARINGS
75A. PUBLIC HEARING — RESOLUTION AFFIRMING THE WEED ABATEMENT
PUBLIC NUISANCE REPORT FOR UNCOLLECTED CHARGES AND
POSTINGS FOR FISCAL YEAR 2016-2017 (STRATEGIC PLAN NO. 5, 4E} -
Public Works Agency
Legal Notice published in the Orange County Reporter on June 23, 2017 and
notices mailed on June 23, 2017.
Mayor Pulido opened the Hearing. There were no spearkers and the hearing
closed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2017-051 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH,
AND GARBAGE ABATEMENT; MAKING, CONFIRMING, AND LEVYING
ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY OF THE
REPORT THEREOF TO BE FILED WITH THE COUNTY AUDITOR,
ASSESSOR, AND TAX COLLECTOR
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
None (0)
75B. PUBLIC HEARING — RESOLUTION FOR THE RECOVERY OF
UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND
CITY COUNCIL MINUTES
JULY 5, 2017
ABANDONED BUILDINGS (STRATEGIC PLAN NO. 5, 4) - Planning and
Building Agency
Legal Notice published in the Orange County Reporter on June 23, 2017 and
notices mailed on June 23, 2017.
Mayor Pulido opened the Hearing. There were no spearkers and the hearing
closed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2017-052 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING
AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE
PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING
ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE
RECORDED WITH THE ORANGE COUNTY RECORDER
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
None (0)
75C. PUBLIC HEARING — ORDINANCE TO REPEAL AND RE-ENACT SECTIONS
OF SANTA ANA MUNICIPAL CODE CHAPTER 39 RELATED TO WATER AND
SEWER SERVICES THROUGHOUT THE CITY (STRATEGIC PLAN NOS. 5, 2
& 6F) - PUBLIC WORKS AGENCY
Legal Notice published in the Orange County Reporter on June 23, 2017.
Mayor Pulido opened the Hearing. There were no spearkers and the hearing
closed.
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NO. NS -2921 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA REPEALING AND REENACTING IN THEIR
ENTIRETY ARTICLES I, II, III, AND V OF CHAPTER 39 OF THE SANTA ANA
MUNICIPAL CODE REGARDING WATER AND SEWERS AND AMENDING
10A-25
CITY COUNCIL MINUTES 25 JULY 5, 2017
RELATED SECTIONS 1-18.2, 16-38, 18-602, AND 18-603 OF THE SANTA
ANA MUNICIPAL CODE
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
• Mayor Pulido, abstained on Agenda Item 75D, due to potential conflict of interest due to
his family business. He left the dais and did not participate in the deliberation of said item.
75D, PUBLIC HEARING — ORDINANCE TO REGULATE MOBILE FOOD VENDING
VEHICLES AND/OR REPEAL EXISTING PROVISIONS THAT ARE IN NON-
COMPLIANCE WITH STATE CODE {STRATEGIC PLAN NO 5, 41 - Planning
and Building Agency and City Attorney)
Legal Notice published in the Orange County Reporter and the Orange County
Register on May 26, 2017; published in La Opinion on May 26, 2017; and
notices mailed to mobile vendors on May 26, 2017.
Item continued from the June 6, 2017 City Council Meeting by a 5-0 vote
(Benavides and Sarmiento absent) and from the June 20, 2017 City Council
Meeting by a 6-0 vote (Tinajero absent).
Mayor Pro Tem Martinez opened the Hearing. There were no spearkers and
the hearing closed.
Councilmember Tinaejro, suggest staff meet with school district and vendors to
further address safety concerns - proactive with all stakeholders; request
revised ordinance be agendized in 60; holistic approach that does not
necessarily adopt State provisions that may hurt vendors.
Councilmember Benavides, proposed amendment to motion to return to City
Council in 90 days with revised ordinance or ordinance as currently prepared by
staff; suggest Workstudy prior to approval.
Councilmember Solorio, consider friendly amenment to designate areas for
mobile food vendors, provide electrical outlets, and Council Committee to
consider revenue generating options to be included in revised ordinance.
ine *3a
CITY COUNCIL MINUTES 26 JULY 5, 2017
Mayor Pro Tem Martinez, noted that matter has been continued six times;
General Plan amendments would consider designated area and State
provisions; opposed to 90 -day continued and motion to repeal Chapter 36, need
to have resolution; safety of our residents is paramount; motion to adopt staff
recommendation.
MOTION: Continue matter for 90 days and adopt first reading of ordinance
that repeals current provisions in Charter 36 of the Santa Ana Municipal
Code.
MOTION: Tinajero SECOND: Benavides
VOTE: AYES: Benavides, Sarmiento, Tinajero (3)
NOES: Martinez, Solorio, Villegas (3)
ABSTAINED Pulido (1)
AND NOT
PRESENT:
ABSENT: None (0)
*Motion failed by a 3-3 vote.
City Manager Kurtz, proposed removing the 90 day continuance and approve
the ordinance that would repeal current provisions.
Councilmember Solorio, suggest a shorter time frame, perhaps 30-60 days.
Councilmember Sarmiento, request all comments be included for consideration
and response be provided.
Councilmember Benavides, important to clarify the 500 foot requirement near
schools.
SUBSTITUTE MOTION: Place ordinance on first reading and authorize
publication of title; and agendize consideration of revised ordinance in 60
days:
ORDINANCE NO. NS -2922 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. OF
CHAPTER 36 "VENDING VEHICLES' (SANTA ANA MUNICIPAL CODE
SECTIONS 36-50 THROUGH 36-63) AND REPEALING ARTICLE XIV OF
CHAPTER 36 "FOOD VENDING VEHICLES' (SANTA ANA MUNICIPAL CODE
SECTIONS 36-700 THROUGH 36-720)
1 OA -27
CITY COUNCIL MINUTES 27 JULY 5, 2017
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Benavides, Sarmiento, Solorio, Tinajero, Villegas
(5)
NOES: Martinez (1)
ABSTAINED Pulido (1)
AND NOT
PRESENT:
ABSENT: None (0)
RECESSSED CITY COUNCIL MEETING AT 10:08 P.M. TO THE HOUSING AUTHORITY
MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 10:09 P.M.
COMMENTS
PUBLIC COMMENTS
• Michael Klubnikin, spoke of alleged collusion to remove autistic son from Ilya Tseglia;
request hearing to consider his case.
• Alfredo Zarate, Jr., request adjournment in memory of Charlene Hanson, suggest stop
sign or other traffic mitigation measures on Civic Center and Minter where pedestrian was
fatally hit and available 24 hours a day — long term solution not just cross guards.
• Daniel Nau, echoed comments by Mr. Zarate.
• Jose Trujillo, representing La Rinconada, request assistance in addressing limited parking
and closure of parking structures in Downtown Santa Ana; also, homeless situation is
affecting their business viability; suggest parking park let concept.
o Mayor Pro Tem Martinez, to schedule meeting to discuss concept; include OC
Supervisory CEO Mr. Kim.
• Zailee Brucks, owner of Mil Jugos, also commented on closure of parking structure in front
of their business; seek support to address issues raised by Mr. Trujillo.
• Raul Sanchez, noted that parking structure closures have significantly impacted business.
90A. CITY MANAGER'S COMMENTS - None
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Sarmiento:
JULY 5, 2017
CITY COUNCIL MINUTES 8
• Noted for the record that he and Mayor Pro Tem Martinez attended the
NALEO conference.
Mayor Pro Tem Martinez:
• Disclosed attendance at NALEO Conference; homeless issue discussed that
is of national concern; asked about City's strategy; agendize for City Council
for discussion;
• Requested options on fireworks be agendized for consideration; and
• Adjourned meeting in memory of Charlene Hanson; mitigate traffic measures
and lighting at intersection where she was fatally hit; SCAG may have funds
available in the near future.
Councilmember Solorio:
• Attended Fireworks event at Centennial Park; well attended
• Request status of Smart Program in connection with trash contract that was
recently approved;
• Commented on fireworks — Police Department to address staffing, and
citation and confiscation enforcement as necessary.
Councilmember Villegas:
• Reported that he attended League of Cities conference in Monterey last
week;
• Attended the Annual Fireworks event at Centennial Park; kudos to staff.
Councilmember Benavides:
• Thanked staff for efforts to approve balanced budget and another successful
Fourth of July celebration; and
• Encouraged all to continue to support our local economy.
Mayor Pulido:
• Request staff assist downtown businesses with parking and homeless
situation; and
• Adjourned in memory of Margie Alvarado -Hayes, Charlene Hanson and Dale
Dykema.
ADJOURNED- 10:41 P.M. - The July 18, 2017 City Council Meeting is canceled. The
next meeting of the City Council is scheduled for August 1, 2017 at
5:00 p.m. for the Closed Session Meeting immediately followed by the
Regular Open Business Meeting at 5:45 p.m. in the Council Chamber,
22 Civic Center Plaza, Santa Ana, California.
ADJOURNED IN MEMORY OF
MARGARITA "MARGIE" ALVARADO-HAYES;
CHARLENE HANSON,
AND
DALE DYKEMA
1 QA -29
CITY COUNCIL MINUTES 29 JULY 5, 2017
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Community Engagement Program
• Labor Contracts
CITY COUNCIL MINUTES 0 JULY 5, 2017
0 �
0' i
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
ORDINANCE SECOND READING:
REPEALING AND RE-ENACTING SECTIONS
OF SANTA ANA MUNICIPAL CODE CHAPTER
39 RELATED TO WATER AND SEWERS
{STRATEGIC PLANO NO. 5) 1)
Y MANAGE
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On July 5, 2017, the following ordinance was introduced for first reading and City Council authorized
publication of title by a vote of 7-0:
ORDINANCE NO. NS -2921 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REPEALING AND REENACTING IN THEIR ENTIRETY ARTICLES I, Il, III, AND V
OF CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE REGARDING WATER AND
SEWERS AND AMENDING RELATED SECTIONS 1-18.2, 16-38, 18-602, AND 18-603 OF THE
SANTA ANA MUNICIPAL CODE
Since introduction of ordinance, a few typographical errors were discovered. The strikeout
version attached reflect changes that are non -substantive.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an active
role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
11 A-1
Ordinance — Second Reading: Chapter 39 SAMC
August 1, 2017
Page 2
Maria D. Huizar
Clerk of the Council
EXHIBIT: Ordinance No. NS -2921
11 A-2
Imf 7/20/2017
ORDINANCE NO, NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REPEALING AND
REENACTING IN THEIR ENTIRETY ARTICLES I, 11,
III, AND V OF CHAPTER 39 OF THE SANTA ANA
MUNICIPAL CODE REGARDING WATER AND
SEWERS AND AMENDING RELATED SECTIONS
1-18.2, 16-38, 18-602, AND 18-603 OF THE SANTA
ANA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows.
A. For the purpose of maintaining public health and good order, Chapter 39 of
the Santa Ana Municipal Code governs the provision and use of potable water, recycled
water, and sanitary sewer services throughout the City. Chapter 39 defines and regulates
the relationships between the City's water and sewer enterprises and the community,
especially its ratepayers, and delineates the attendant responsibilities, rights, and
restrictions of the parties.
B. Chapter 39 has been amended in various respects since 1952, albeit in
more limited fashion. Most recently, in 2015, Article VI of Chapter 39 was amended to
update the City's water shortage contingency plan, as prompted by statewide drought
conditions then in effect and that only recently have abated.
C. Each amendment to Chapter 39 has individually served the City well,
though they have left Chapter 39 in need of a more comprehensive revision.
D. In order to synthesize the iterations of the prior amendments, improve upon
the language, and provide clearer direction to staff and the public, it is desirable that
Chapter 39 undergo a more comprehensive update, including the repealing of Article V,
whose function is no longer necessary because the Memory Lane Sewer Line has been
fully funded and completed.
E. Accordingly, Articles I, 11, 111, and V of Chapter 39 of the Santa Ana Municipal
Code shall be updated by repealing and reenacting such articles.
F. As a result of these updates to Chapter 39, certain other sections of the
Santa Ana Municipal Code will no longer be in harmony. These sections shall be
amended concurrently to align with the updates to Chapter 39.
Ordinance No. NS -XXX
Page 7 of 55
11 A-3
SECTION 2. Article i of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 3. Article I of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows:
ARTICLE I. - IN GENERAL
Sec. 39-1. - Water and sewer service outside city limit.
Except as provided by this chapter, no water or sewer service shall be made with
the water or the sewer systems of the city for the rendering of service in any area not
within the city limits, and no service to any area within the city limits shall provide water
or sewer service to any area outside of the city limits, even though such areas outside the
city limits may stand of record as owned by the same person or persons receiving water
or sewer service on adjacent land within the city limits. The record owner of any parcel
of land adjacent to the city's boundaries who desires to obtain water or sewer service
shall make a request to the director of public works for such service and agree to execute
with the city a legally binding agreement or contract in compliance with all conditions of
water and sewer service in this chapter, California Government Code section 56133, and
the rules of the Orange County Local Agency Formation Commission. Parcels adjacent
to the city's boundaries that are being served by the city water or sewer systems at the
time of adoption of this ordinance shall, by December 31, 2018, request and execute with
the city a similarly compliant agreement for continued service. Failure to complete a water
or sewer service agreement may result in the discontinuation of the sewer or water
service.
Sec. 39-2. - Water and sewer systems development impact fees.
Development impact fee(s) shall be imposed on development project(s) that
require water and or sewer facilities necessary to accommodate growth resulting from the
development(s). Development impact fee(s) may be established by ordinance or
resolution of the city council in compliance with California Government Code section
66000 et seq.
Sec. 39-3. - Water and sewer systems design standards.
(a) All water system distribution, storage, and treatment system components,
combined as one functional unit or system or individually, regardless of ownership and
location, that connect to the city's domestic water system, directly or indirectly, shall be
designed, constructed, and inspected in accordance with the Santa Ana Municipal Code,
the City of Santa Ana standard plans, the latest edition of the Standard Specifications for
Public Works Construction (Green Book), the American Water Works Association
Standards, and the California Waterworks Standards.
Ordinance No. NS -XXX
Page 2 of 56
11 A-4
(b) All sewer mains, laterals, manholes, lift stations, and other sewer system
appurtenances, regardless of location and ownership, that connect to the city's sewer
collection system, directly or indirectly, shall be designed, constructed, and inspected in
accordance with the Santa Ana Municipal Code, the City of Santa Ana standard plans,
and the latest edition of the Standard Specifications for Public Works Construction (Green
Book).
Sec. 39-4. - Charges, fees, and deposits.
All charges, fees, and deposits in this chapter shall be adjusted from time to time
and established by the city council by resolution and as applicable shall be specified by
the city's miscellaneous fee schedule.
Sec. 39-5. - Private water and sewer lines.
(a) Water distribution lines and sewer collection lines constructed in private
streets or in local streets not meeting the design criteria established by the director of
public works shall be designated as private lines, It is the sole responsibility of the owner
to operate and maintain the private water distribution lines, including without limitation all
routine and emergency repairs, operation, and upkeep of all above ground appurtenances
and underground valves, fittings, pipes, and service connections up to and including the
meter curb stop, It is the sole responsibility of the owner to operate and maintain the
private sewer collection lines, including without limitation all routine and emergency
repairs, operation, and upkeep of sewer manholes and sewerage lift pumps.
(b) The private line owner's responsibility starts at the property line of the
development served. Before construction, engineering plans for the construction of
private lines must be submitted to the Public Works Agency and the Planning and Building
Agency for review and approval in a manner consistent with the city's water and sewer
systems design standards as described in section 39-3. Private water lines not
constructed in conformance with these standards will be declared unapproved water
systems requiring a higher degree of protection against cross -connection. Looped water
lines must be protected against backflow at each connection to the city's public water
system.
(c) Any modifications to private lines and their appurtenances shall be
performed in accordance with the city's standard plans and the California Waterworks
Standards. This includes without limitation the renewal, addition, or removal of service
connections. All work must be permitted by the Public Works Agency and the Planning
and Building Agency. Private water lines with non -conforming modifications will be
declared unapproved water systems requiring a higher degree of protection against
cross -connection than a reduced pressure principle assembly. Upon completion of the
project, and prior to gaining occupancy permits to any of the units served with water and
sewer, as -built plans stamped by an engineer licensed by the state of California must be
submitted and approved by the Public Works Agency,
Ordinance No. NS -XXX
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(d) The city shall require the installation of a water meter in accordance with
section 39-23(b) on every service connection to each dwelling unit, irrigation system,
common area amenity, and individual commercial unit tapped from the private water line.
The city will be responsible for the maintenance of the water meters, including meter
reading, meter testing, meter repair, and replacement. To maintain, inspect, test, and read
the public water meters, both an access easement to the development and a maintenance
easement, confined to the water service meter box, shall be granted to the city by the
private property served.
(e) The allowance or permitting by the city of private water lines shall not in any
way authorize the owner or private entity to resell water for profit within the city.
Secs. 39-6-39-14. - Reserved.
SECTION 4. Article II of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 5. Article II of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows (corrected language underlined, deleted language in
strikeout for tracking purposes only):
ARTICLE II. -WATER
Sec. 39-15. - Definitions.
As used in this article:
Afterhours means that period of time allotted by the finance director for the
performance of unscheduled water service turn on or turn off, occurring after the regularly
established hours for the performance of scheduled water service turn on or turn off, as
set by the director of finance,
Agency means Public Works Agency, City of Santa Ana.
Applicant means an individual, partnership, association, corporation, receivership,
trust, trusteeship, or agency of government, or other legal entity recognized by the laws
of the state or of the United States applying for water service.
Backflow preventer means an approved device or means to prevent backflow into
the city's potable water system.
Common area amenities means areas within residential, commercial, or industrial
developments for the common use of residents or workers managed by the owner or his
agent, including but not limited to, rental offices, club houses, picnic areas, drinking
fountains or filling stations, exercise rooms, and swimming pools.
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City means the City of Santa Ana.
Cost means charges and/or fees which include the cost to the city of labor,
materials, equipment, and overhead.
Customer means an individual, partnership, association, corporation, receivership,
trust, trusteeship, or an agency of government or other legal entity recognized by the laws
of the state or of the United States receiving water service.
Date of presentation means the date
customer at their mailing address of record,
up for electronic billing, the date upon which
their electronic mailing address of record.
upon which a bill or notice is mailed to the
or in the event that a customer has signed
electronic notice is given to the customer at
Director of finance or finance director means the chief administrative officer of the
department of finance and management services or his authorized designee.
Director of public works means the chief administrative officer of the public works
agency, City of Santa Ana, or his authorized designee.
Department of public works or public works department means the public works
agency.
Department of finance or finance department means the finance and management
services agency,
Fee means the amount established by resolution of the city council which is
intended solely to cover the reasonable administrative costs (time, materials, overhead)
incurred in performing any specified act on behalf of any person or at any person's request
for which said person shall be liable.
Gender pronouns: The masculine includes the feminine and neutral genders.
Greywater means untreated wastewater that has not been contaminated by any
toilet discharge; has not been affected by infectious, contaminated, or unhealthy bodily
wastes; and does not present a threat from contamination by unhealthful processing,
manufacturing, or operating wastes. Greywater includes, but is not limited to, wastewater
from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry
tubs, but does not include wastewater from kitchen sinks or dishwashers, or as otherwise
defined by the California Health and Safety Code.
Main means the distribution pipe line located in a street, highway, public easement,
or private right-of-way which is used to serve the general public.
Master meter means a meter, read by the city, that measures water usage for an
entire property or structure, which may include common areas.
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Meter means any suitable water measuring device or facility which measures or
determines the volumetric flow of water.
Multi -family dwelling/accommodation means an apartment building, apartment
house, condominium complex, or any other group of residential units located upon a
single premises, including mobile home parks, providing the residential units therein meet
the requirements for a single family accommodation. Hotels or motels consisting primarily
of guest rooms and/or transient accommodations are not classified as multifamily
accommodations.
Municipal utility services account/billing statement means the consolidated
account and/or billing statement to which refuse service charges, sanitation service
charges, sewerage service charges and other sewerage related charges and fees, water
commodity consumption charges, and other related water service charges and fees
(including fire line service charges), together with corresponding penalties, as applicable,
shall accrue and/or are stated.
Parcel means a division of land as shown in the Orange County Assessor's Book.
Person means an individual, partnership, association, corporation or an agency of
any governmental organization, receivership, trust, trusteeship, or other legal entity
recognized by the laws of the state or of the United States.
Premises or service address means the integral property or area, including
improvements thereon, to which water service is provided or for which an application for
water service is filed.
Private fire protection service means provision of stand-by readiness to serve
water to premises through a separate fire service line connection for fire protection only,
such fire service lines to be connected to automatic sprinkling system, hose attachments,
or hydrants.
Property owner or owner means the record owner of real property, as shown on
the most recently issued equalized assessment roll.
Recycled water means treated wastewater supplied by Orange County Water
District from the Green Acres Project, or treated wastewater of comparable quality from
such other water recycling system as the city shall designate.
Service area means all area within the city limits and the area served outside the
city limits.
Service charge or service related charge shall mean any commodity consumption
cost, whether measured by consumption or volume or whether applied as a pass-through
adjustment rate, or any fixed amount or variable schedule of amounts authorized herein
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or authorized elsewhere in this chapter or Code relating to refuse, sanitation, sewerage,
and water (including fire line service), as established by resolution of the city council,
Submeter means a device that measures water consumption of an individual unit
within a multiunit residential structure or mixed-use residential and commercial structure,
and that is owned and operated by the owner of the structure or the owner's agent.
Temporary service means a water service through a city -owned fire hydrant for
special outdoor events, fairs, construction work, irrigation of vacant property, and similar
uses which, because of their nature, will not be permanent.
Tenant improvement means changes made to the interior and exterior of a
commercial or industrial property to accommodate the needs of tenants, including but not
limited to, partitions, air conditioning, electrical, plumbing, fire protection, and security.
Theft of water means the taking of water from any city water main, hydrant, service,
or facility without a meter or the written permission of the city in the form of a permit or
application as provided for in the provisions of this article.
Unit of water means one hundred (100) cubic feet.
Water facilities means water distribution and treatment components, individually or
as a whole, operating to provide storage, flow, and pressurized domestic water. The
following components make up water facilities: wells, reservoirs, pipelines, system
valves, control valves, fire hydrants, interties, disinfection treatment, instrumentation and
controls, power distribution, and Supervisory Control and Data Acquisition system.
Water service means the tapping connection, pipe, valves, and other facilities by
means of which water is conducted from the main water line, whether public or privately
owned, to the meter.
Sec. 39-16. - Application for turning on water and transfer of responsibility.
(a) Procedures; registration fee. An application to have water turned on or to
transfer responsibility for water charges shall be made to the finance department of the
city in conformance with the procedures established by the director of finance. A
"registration fee" for the administrative cost therefore shall be made; provided, however,
that the reversion of responsibility for water charges from a tenant to a previously
registered property owner or other customer possessing the legal right to act as a lessor,
at the time of the termination of such tenant's tenancy, shall not constitute a new
application for turning on water or transfer of responsibility for water charges and shall
not be subject to the "registration fee."
(b) Transfer of responsibility. Within the meaning of this chapter, a transfer of
responsibility for water charges occurs when any of the following conditions are met:
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(1) The owner or other customer possessing the legal right to act as a lessor,
or his authorized agent, informs the department of finance that a tenant has assumed
lawful control of the property or premises or that there has been a change of lawful
tenants; alternatively, the initial tenant or a new incoming tenant informs the department
of finance that they have assumed lawful control of the property or premises.
(2) A lease or other rental agreement (signed by the owner or his authorized
agent) is provided, clearly specifying that the named tenant shall be responsible for
municipal utility services in tenant's own name. A triple -net lease or other written
agreement obligating a tenant to pay charges forwater services and other municipal utility
services provided to the property or premises in the name of the owner or lessor shall not
constitute a transfer in responsibility, and liability for the payment of water charges shall
be deemed to remain with the owner or lessor.
(c) Deposit. Each applicant, except for the property owner of record, shall
make a water service deposit at the time of making an application for turning on water or
transfer of responsibility in an amount as set forth by resolution of the city council. The
deposit may be refunded or applied as an account credit if and when all municipal utility
services account bills rendered have been paid before their delinquent date for a period
of one year.
(d) In the event occupant(s) of any property or premises having registered a
municipal utility services account and transferred municipal utility services into their own
name as tenant(s), pursuant to a lease or other rental agreement (signed by the owner
or his authorized agent) clearly specifying that the named tenant(s) shall be responsible
for municipal utility services in tenant(s)' own name, thereafter quit or otherwise vacate
the premises, then responsibility for future charges shall revert to the municipal utility
services account of the property owner.
Sec. 39-17. - Applications for new water service and change in service size or relocation.
(a) Any person desiring to request a new water service or change the size or
location of an existing water service shall make application to the agencyfor such addition
or change. The agency, if in its judgment determines that the change in service size or
location is advisable, will issue a permit authorizing the change. The agency reserves the
right to make the final determination of the size of the service connection and its location.
An applicant requesting the new water service or requesting the change in service size
or location shall be liable for all costs. New locations and changes of the location or the
size of water service must be built to city specifications by a private contractor, to be hired
by applicant and inspected by city.
(b) Meters for new water service, resized service, or relocated service shall be
installed by the city. Fees for the service application, meter and installation shall be
payable in advance prior to issuance of an occupancy permit.
(c) The city shall furnish the meters.
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(d) The material used for the installation of new water service or change of the
size or the location of water service shall conform to the water system design standards
in accordance with section 39-3(a).
(e) Before new water service will be permitted by the city, the customer shall
obtain any approval of facilities furnished or installed by customer, which may be required
by the Planning and Building Agency or the Orange County Fire Authority or any other
authority whose approval is required by law.
Sec. 39-18. - Facilities declared property of city; cost of repairs.
All facilities, including but not limited to water meters, meter boxes, fire hydrants
and fittings installed by the city, shall remain at all times the property of the city. Where
replacements, repairs, or adjustments of any facility are rendered necessary by the act,
omission, or negligence of the customer or of any person occupying the premises with
the consent of the customer, any expense incurred by the city shall be charged against
and collected from the customer. If the customer fails to pay such fees, the water may be
shut off until such fees are paid.
Sec. 39-19. - Water rates, service charges, fees and costs.
(a) Water commodity consumption and service charges
(1) Commodity charges. Quantitative consumption rates shall be charged in
the amount which the city council shall establish by resolution and in accordance with
applicable law.
(2) Basic service charges. Charges shall be made for services rendered to
provide and maintain a potable water supply and to provide standby readiness in the
amounts established by and for the purposes described in the resolution adopted by the
city council and in accordance with applicable law.
(3) Multi -family per unit charge. Basic service charges shall be applied to
developments that meet the definition of multi -family dwellinglaccommodation where the
individual units are not individually metered by the city.
(4) Private fire service protection charge (fire line charge). A charge shall be
made for the service rendered to provide readiness to deliver relatively large quantities of
water for short periods of time for on-site private fire protection and suppression systems
in the amounts established by and for the purposes described in the resolution adopted
by the city council and in accordance with applicable law.
(b) Fees to establish water service. All applicants, prior to connecting to a
water main or prior to an increase in size of an existing water meter or service, shall apply
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and obtain a permit to do so and pay the following fees in amounts as established by
resolution of the city council.
(1) New water service application fee - see Sec. 39-17.
(2) Water meter cost and installation fee - see Sec. 39-17.
(c) City is authorized to charge/levy the following administrative and other fees
and deposits in an amount established by resolution of the city council:
(1) Meter Tturn on or meter turn off fee during weekdays for new water turn on
services and delinquent accounts - see Sec. 39-20(e).
(2) Afterhours turn on or turn off fee during afterhours and holidays for new
water tum on services and delinquent accounts when requested by customer - see Sec.
39-20(e).
(3) Special investigationtmeter reread fee when requested by customer or
when meter was inaccessible at the time the routine meter read was attempted by the
city - see Sec. 39-20(c).
(4) Meter removal sparge fee or meter resetting fee (to re -install meter when
meter was removed for non-payment or for violation of City Code) - see Sec. 39-20(e).
(5) Meld er mMeter shop testing fee (when requested by customer) - see Sec.
39-21(a).
29(e).
(6) Temporary construction meter deposit - see Sec. 39-24.
(7) Temporary construction meter daily rental fee - see Sec. 39-24.
(8) Field collection fee - see Sec. 39-20(j).
(9) Return payment service fee - see Sec. 39-20(m).
(10) Fire flow test application fee - see Sec. 39-28.
(11) Fire flow test witness fee -see Sec. 39-28.
(12) Backflow preventer third -and -final notice generation fee - see Sec. 39-
(13) Water service deposit -see Sec. 39-16(c).
(14) Backflow device testing administrative fee - see Sec. 39-29(e).
11A-12
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(15) Registration fee - application for turning on water and transfer of
responsibility - see Sec. 39-16(a).
20(k).
(16) Tag fee - see Sec. 39-20(d).
(17) Removal of unauthorized "straight pipe" connections fee - see Sec. 39-
(18) In street cut-off (of water services) fee - see Sec. 39-20(I).
(19) Meter read trip fee - see Sec. 39-20(e).
(20) Abstract of billing history fee - Whenever a customer of record or his agent
requests a history of charges and/or fees billed to a municipal utility services account
registered in the name of the customer, an abstract of billing history shall be provided and
an "abstract of billing history fee" shall be added to the customer's next regularly
scheduled municipal utility services account/billing statement. Whenever such request is
made by a third party pursuant to customer's letter of authorization, the fee shall be
payable in advance.
Sec. 39-20. - Payment of water bills and penalties; municipal utility services
account/billing statement.
(a) Date payment due. Water commodity consumption charges, and related
wafer service charges (including any fire line charges), and other fees and penalties shall
be stated as part of a municipal utility services accountlbilling statement along with refuse
related charges as established pursuant to section 16-38 of this Code, sanitation related
charges as established pursuant to section 18-601 eft seq. of this Code, sewerage related
charges as established pursuant to section 39.55.1 et seq. of this Code, and all above
related corresponding associated penalties, and are due and payable to the department
of finance on the date of presentation and become delinquent thirty (30) days after the
date of such presentation, except that when the thirtieth (30th) day falls on a weekend,
city holiday, or city hall closure day, such bills shall be due on the next following city
working day. Any charge for water supplied to any customer, or any related charges or
fees (including fire line charges), together with any refuse service, sanitation service,
sewerage service charges, fees, or penalties due to the city from such customer, or due
from any person who has applied for water service, as herein provided for, shall be added
to any billing being currently rendered to such person, and the same shall become a part
of his current municipal utility services account/billing statement for water service and
subject to all of the provisions of this chapter. Partial payments made upon municipal
utility services account/billing statements shall be applied in the following order: (1) refuse
service related charges, (2) sanitation related charges, (3) sewerage service related
charges, (4) wafter service commodity consumption charges and related charges
(including fire line service charges) and fees established pursuant to section 39-19 of this
Code, and (5) corresponding penalties as provided respectively under sections 16-38(c),
18-603(b), 39-55.2(a), and 39-20(d) of this Code.
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(b) Failure of meter to register correctly. If a meter fails to register during any
period, or is known to have registered inaccurately, the customer shall be charged for a
seasonally adjusted average daily consumption for a period of similar duration determined
when the meter was registering accurately.
(c) Meter reread and meter investigation, When a meter box is inaccessible at
the time the routine meter read was attempted by the city or when consumption occurs in
connection with a previously turned off meter, or when a customer requests that the city
verify the accuracy of the read as shown on the bill, the customer shall be charged a
"special investigation/meter reread fee" as established by resolution of the city council for
sending a field representative to the service address to investigate the meter and obtain
a reading or rereading of the meter. If the reading or rereading shows that the previous
read is in error, no special investigation/meter reread fee will be imposed; otherwise such
charge shall be added to the customer's next regularly scheduled water bill.
(d) Penalties. A penalty of ten (10) percent shall be assessed on the unpaid
balance of all unsatisfied municipal utility services account/billing statement charges,
fees, and penalties thirty (30) days after the presentation date, in accordance with
subsection (a) of this section. Thereafter, a past due notice shall be presented to the
customer. On the next city working day following the seventh (7th) day after the date of
presentation of the past due notice, the water service shall be subject to turn off at the
premises. Two (2) days before the intended turn off of water service, a discontinuance
of service notice for non-payment "turn-off tag" shall be affixed to the premises and a "tag
Gharq fee" imposed for such notification service. Thereafter, service may be
discontinued if the bill is not satisfied within the time required by such notice. Once turned
off, water service shall remain off until all charges, penalties and fines have been paid,
unless an application to have the water turned on is received accompanied by evidence
satisfactory to the department of finance of change of ownership or change in tenants.
Upon the receipt of such evidence, the application for turning on water or transfer of
responsibility for water charges shall be processed as provided for in section 39-16.
(e) Turn off and turn on of service. When the water has been turned off for
non-payment or for the violation of any provision set forth in this code or any ordinance,
regulation or requirement of the city, such water shall not be turned on again unless the
violation has been corrected and all charges and penalties have been paid, unless the
turn off is exempt from such payment by reason of change of person receiving service. A
"meter turn on fee" and "meter tum off fee" shall be made for each separate trip to the
premises for the purposes of turning on or turning off water service during weekdays for
new water turn on services and delinquent accounts and whenever otherwise requested
by customer; provided, however, that turn on or turn off of water service during afterhours
and holidays for new water tum on services and delinquent accounts when requested by
customer, shall be subject to a special "after hours turn on or turn off fee" as established
by resolution of the city council. After a water meter has been turned off for a period of
seven (7) days, the meter may be removed from the service. A "meter removal fee" as
established by resolution of the city council shall be made for the cost of meter removal.
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A "meter resetting fee" as established by resolution of the city council shall be made for
the reinstallation of the meter and the turning on of the water. A "meter read trip fee" as
established by resolution of the city council shall be payable for each trip to a customer's
premises for the purposes of performing a meter read for closing out of service, or for
start of service, or for transfer of responsibility for service. Fees as herein provided shall
be added to the next water bill issued after date of turn off, turn on, special
investigation/reread, meter resetting/reinstallation or other designated trip, provided the
amount is not collected in advance of the turn off, turn on, special investigation/reread,
meter resetting/reinstallation, or other designated trip. For the purposes of this article,
the term "trip" shall not include the regularly scheduled routine reading of customers'
meters.
(f) Closing bill. Upon the rendering of the final bill for service, the city shall not
refund any credit balance or deposit of less than one dollar ($1.00); any checks returned
that cannot be delivered or are unclaimed shall be forfeited unless the applicant applies
for refund within twelve (12) months.
(g) Individual liability for joint service. Two or more persons who join in one
application or contract for service shall be jointly and severally liable thereunder and shall
be billed by means of a single periodic bill presented to the person designated in the
application process to receive the bill.
(h) Change of address. Water service shall not be given to any customer upon
change of address until all delinquent charges owing thereon at a former place of
residence or business have been paid.
(i) Transfer of charges. When a customer maintains separate water service at
multiple premises in the city under the same name or identity of ownership or tenancy,
and water service has been discontinued at one premises for non-payment, the
department of finance may transfer the unpaid balance owing from the account to which
service has been discontinued to any other account belonging to the customer for which
water service remains ongoing.
(j) Field collection fee. When a representative of the city collects payment of
delinquent charges owing from a customer or customer's agent in the field, in lieu of
performing a turn off or removal of customer's meter, a "field collection fee" shall be
applied and collected from the customer or his agent at the same time as all other
delinquent charges and fees owing are collected.
(k) Removal of unauthorized "straight pipe" connections. Whenever a
customer has connected to the city's water service through an unauthorized straight pipe
connection, the city shall cause such connection to be removed and a "removal of
unauthorized straight pipe connections fee" as established by resolution of the city council
shall be made and billed to the customer.
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(1) In street cut-off of water services. Whenever, in the discretion of the director
of public works any customer's access to the water service must be physically severed
by means of an in street cut-off of water service, whether due to authorized turn on of
water service, or unauthorized straight pipe connection, or other violation of city code, an
"in street cut-off fee" as established by resolution of the city council shall be made and
billed to the customer.
(m) Any charge, fee, or deposit owing to the city which has been paid by an
instrument such as a check or draft which is dishonored upon presentation for payment,
shall be void and of no effect from its inception. The director of finance, may, in his
discretion, withhold the effect of this provision if the instrument is redeemed within fifteen
(15) days of its return. Payment of charges, fees, or deposits following a dishonor of such
instrument upon presentation for payment shall thereafter be made only by credit card,
cashier's check, money order, or cash, which amount shall include any applicable penalty,
as well as a "return payment service fee". The director of finance shall be authorized to
reject payment other than by cash, cashier's check, or money order from such customer
or such customer's agent for a period of two (2) years following any such dishonor.
(n) Water service commodity consumption charges and water related charges
and fees established pursuant to section 39-19 of this Code, and any corresponding
penalties accrued for failure to make timely payment therefore pursuant to section 39-20
shall be a civil debt owing to the city.
Sec. 39-21. - Testing of meters; leaks.
(a) A customer may request the agency to test the meter serving his premises.
The customer shall be charged a "meter test fee" to cover the cost of such test. The fee
shall not be applied if the meter is found to register not more than two (2) percent fast.
The customer shall have the right to observe the performance of the test, and a written
report of the test will be given to him upon request.
(b) When upon test, a meter is found to be registering more than two (2) percent
fast, the city will refund to the customer the amount of the overcharge based on corrected
meter readings for the period the meter was in use, but not exceeding a period of six (6)
months.
(c) When upon test a meter two (2) inches or less in size is found to be
registering more than twenty-five (25) percent slow, the city may bill the customer for the
amount of the undercharge based upon corrected meter readings, seasonally adjusted
for the period the meter was in service, but not exceeding a period of four (4) months.
(d) When upon test a meter three (3) inches or larger in size is found to be
registering more than five (5) percent slow, the city may bill the customer for the amount
of the undercharge based upon corrected meter readings, seasonally adjusted for the
period the meter was in service, but not exceeding a period of four (4) months.
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(e) Customers are required to keep their plumbing pipes, service pipes, and all
facilities on the customer's side of the meter in good order and are required, at their own
expense, to locate and repair any leaks. It is not the city's responsibility to locate or repair
any water facility on the customer's side of the meter. No allowance will be made on a
customer's bill for loss of water, once the water is delivered to the customer's side of the
water meter.
Sec. 39-22. - Finance director; responsibility; administrative authority
(a) The director of finance shall have responsibility for administering the city's
consolidated municipal utility services accounts (refuse and refuse related, sanitation and
sanitation related, sewerage and sewerage related, and water and water related,
including fire line service) as they correlate to account establishment and maintenance,
billing, payment processing, collection, and customer service operations.
(b) To efficiently and equitably implement the purpose and intent of the general
provisions of this chapter subject to his administration, including those portions of
chapters 16 and 18 of this Code relating respectively to refuse service charges and
sanitation service charges in connection with municipal utility services accounts/billing
statements, the director of finance may vary and adjust the strict procedural, billing,
collection, enforcement, or other administrative requirements. In addition, the director of
finance shall have the power, for good cause shown, to waive, abate, adjust, refund, or
reduce any commodity consumption, charge, other charge, fee, or penalty imposed, or
deposit demanded. The director of finance may in his discretion exercise this authority on
a case-by-case basis in connection with any individual applicant or customer, or other
person or legal entity, or on a class -by -class basis in connection with any category, class
or subclass of applicants, customers, or other persons.
(c) In connection with the above described chapters and provisions subject to
his administration, the director of finance shall have the authority to settle, discontinue, or
waive the collection of any claim, or class of claims, for good cause shown, or if it appears
that further proceedings would be without merit, or if the administrative or legal cost
therefore would be excessive, or if the amount of the claim in question is de minimus. A
claim, or class of claims, shall be deemed to be de minimus whenever the total amount
of the claim is determined by the director of finance to be equal to or less than the total
anticipated administrative costs associated with collecting the amount. The director of
finance may in his discretion determine this amount on a case-by-case basis or on a
class -by -class basis.
(d) The director of finance shall have the further authority to interpret, make
rules and regulations, and establish guidelines not inconsistent with the provisions of this
chapter, subject to his administration, or those portions of chapters 16 and 18 relating
respectively to refuse service charges and sanitation service charges in connection with
municipal utility services accounts/billing statements, as may be necessary or desirable
to aid in the administration or enforcement of such provisions, including the establishment
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of service hours for scheduled water service turn on and turnoff, as well as afterhours
periods for the performance of unscheduled water service turn on or turn off.
Sec. 39-23. - General regulations.
(a) There shall be the following types of water services:
(1) Domestic -residential. Domestic -residential water service shall be used to
serve domestic water to residential units, including single-family detached homes, single
family attached units, residential units within multi -family developments such as
apartments, condominiums, and townhomes, residential units within a mixed-use
development, and mobile home spaces.
(2) Domestic -commercial. Domestic -commercial water service shall be used
to serve domestic water to motels, hotels, restaurants, office buildings, commercial
centers, and strip malls.
(3) Domestic -municipal. Domestic -municipal water service shall be used to
serve domestic water to federal, state, county, and city government offices, buildings and
parks.
(4) Domestic -industrial. Domestic -industrial water service shall be used to
serve domestic water to industries such as chemical and allied products, food, mining,
paper and allied products, petroleum refining, and steel.
(5) Domestic -institutional. Domestic -institutional wafter service shall be used to
serve domestic water to hospitals, convalescent homes, developmental facilities, long
term care facilities, nursing homes, psychiatric facilities, rehabilitation facilities, and
developmental disability facilities.
(6) Domestic -common area. Domestic -common area water service shall be
used to serve domestic water to clubhouses, on-site laundry rooms, recreational areas,
exercise rooms, drinking fountains, cooling equipment and make up waterfor recirculating
decorative fountains.
(7) Irrigation. Irrigation water service shall be used for irrigation systems to
establish and maintain landscape areas, lawns, trees, gardens, and shrubs; assist crop
and pasture growth; or to maintain vegetation on recreational lands such as parks, sports
fields, and golf courses. Irrigation includes water that is applied for pre -irrigation, chemical
application, weed control, field preparation, harvesting, and dust suppression. Irrigation
water service shall be used to irrigate all non-residential irrigated landscapes of 1,000 sq.
ft. and residential irrigated landscape of 5,000 sq. ft. or greater.
(8) Industrial. Industrial water service shall be used to serve water to industries
that use water in their manufacturing or any portion of their fabrication or process systems.
Ordinance No. NS -XXX
Page 16 of 56
11A-18
(9) Recycled water. Recycled water service, if available, shall be used in
accordance with section 39-38.
(10) Fire protection. Fire protection services shall be used for fire protection
systems pursuant to the local fire code as specified in section 39-27.
(b) There shall be the following metering requirements:
(1) Each individual residential unit, commercial unit, industrial unit, and mobile
home space shall be individually metered by city or submetered as required by applicable
law.
(2) Residential lots with landscape area over 5,000 sq. ft. shall be required to
have a dedicated irrigation service and water meter.
(3) Non-residential lotswith landscape area greaterthan 1,000 sq. ft. shall have
dedicated irrigation service and water meter.
(4) At the discretion of the director of public works, master metering can be
allowed if site conditions prohibit the installation of individual meters, or submeters are
proposed by the developer.
(5) Newly constructed multiunit residential structures or newly constructed
mixed-use residential and commercial structures for which an application for a water
connection, or more than one connection, is submitted after January 1, 2018, shall at the
owner's sole cost and responsibility have a measurement of the quantity of water supplied
to each individual residential dwelling unit as a condition of new water service. The
measurement may be by individual water meters or submeters. The owner shall be
required to install and read such meters, unless otherwise agreed by the city.
(6) Multifamily dwellings and common interest developments including
apartment complexes, condominiums, townhomes, mixed use developments, and mobile
home parks with common area amenities shall have a dedicated domestic -common area
water service and meter.
(c) Meter required. Every water service, except fire protection services meeting
conditions of section 39-27, shall have a meter installed in the service line in the public
right-of-way or a dedicated easement.
(d) Maintenance of customer's facilities. Customers shall prevent all waste of
water and keep their service pipes, all plumbing fixtures, pipes, and other apparatus
(except facilities owned by the city) in good repair and free from leakage and backflow at
their own expense. Customers shall be liable for all damages which may result from the
customer's failure to maintain such facilities in good repair and free from leakage and
backflow.
ordinance No. NS -XXX
Page 17 of 56
11A-19
(e) Vacated premises. Water rates will be charged for vacated premises until
the city is notified of the discontinuance of the use of water, and is requested to turn off
the water.
(f) Admittance to premises. Any authorized employee of the city shall be
admitted at all reasonable hours to all appropriate parts of the premises supplied with
water to see that the provisions of this article, resolutions adopted pursuant hereto, and
administrative regulations published in accordance herewith are carried out.
(g) Unauthorized turn -on or tampering. No one except an authorized employee
of the city shall turn the water on or off from or to any premises at any city curb stop, or
connect or disconnect, or in any way tamper with, any pipes in the meter boxes or with
any other part of the water system of the city.
(h) Resale or distribution. No customer supplied by the city shall commercially
supply water to any other person on property other than the premises for which the
customer has applied for service, except as may be permitted by special agreement with
the agency. Water used by any customer shall be restricted to that use specified in the
application or permit for such service.
(i) Utility emergency requirements. All faucets, sprinklers, hose nozzles, or
other continuous streams must be shut off promptly upon the sounding of an alarm of fire
or upon notice of other emergency or major disaster. The water shall not be turned on
again until the fire is known to be extinguished or the required repairs have been made.
(j) Shut -offs for extensions and repairs. The city reserves the right upon
reasonable notice, if possible, at any time to shut off the water in its mains for the purpose
of making extensions or repairs, or for other purposes, and all persons having boilers
within their premises not supplied with tanks or cisterns, but depending upon the pipes of
the city to keep them supplied, shall caution against the danger of collapse.
(k) Responsible owner or applicant. In all cases where water is supplied to
several tenants from one connection or tap, the city contracts only with the person
designated on the application. Failure by such person to comply with the provisions of
this article, or with resolutions or regulations enacted or adopted pursuant hereto shall be
sufficient cause to disconnect all service until such ordinances, resolutions or regulations
are complied with.
(1) Right of agency to install facilities. The city shall have the right at any time,
and at any point for good cause, to install or change any water meter, detector check,
backflow preventer, and fittings as required by this article, and the customer shall bear all
costs for work so performed. Failure to pay for these facilities as set forth in this article
shall relieve the city of any responsibility to provide any service and the service shall be
disconnected until full payment of costs, interest, and penalties has been made to the
city.
Ordinance No. NS -XXX
Page 18 of 56
11 A-20
(m) Nonliability of city for interruption in service. The city shall not be liable for
damage resulting from interruption of service, shortage, insufficiency, or quality of supply.
(n) Notice to customer for shutdown of service. In case of emergency or during
normal water system maintenance and repair operations, whenever possible, all
consumers affected will be notified prior to any shutdown of service.
(o) Temporary shutdowns authorized. Temporary shutdowns may be restored
by the city for improvements and repairs and the city shall not be liable for any loss or
damage occasioned thereby.
(p) Inspecting apparatus—Right of city. The city reserves the right of inspection
of customer's apparatus at all times.
(q) Resale of water prohibited. Where submeters are utilized, customer shall
not resell to another person at any charge higher than his pro rata share of the total
charges as rendered by the agency.
(r) Pressure and supply. The city assumes no responsibility for loss or damage
because of high water pressure or lack of water or pressure and merely agrees to furnish
such quantities and pressure as are present in its general distribution system. The service
is subject to shut down and variations required by the operation of the system. Any
pressure regulation to control water pressure greater than 80 psi (pounds per square inch)
shall be the responsibility of the customer.
(s) Curb stops. There shall be a curb stop or valve in every attachment just
inside the curb at a point to be designated by the city. The curb stop and box will be
supplied by the city and shall be for its exclusive use and under its exclusive control.
(t) Damage to customer's property. The city will not be responsible for
damages to buildings or their contents from any break in a wafter pipe beyond the street
service box. Water customers shall, fortheir own protection, provide at their own expense
another valve at the first suitable point beyond the meter.
(u) Unused service connection. Any service connection which has been
installed for a period of ten (10) years or more and has not been activated for ten (10)
years shall be considered inactive and obsolete. Any person desiring water service for
such premises or any portion thereof formerly supplied by the inactive service shall make
application for a new service connection and pay the current charge therefore.
(v) Meter box or hydrant obstruction. No person shall place trash, dirt, building
materials, or other objects or obstructions on or around meter boxes or on, around, or
adjacent to city hydrants. No person shall allow the meter boxes or hydrants to become
obstructed or obscured by vines, trees shrubs, plants, or in any manner so as to make
their location difficult to determine, or so as to interfere with or render difficult free access
to, or use of, meter boxes or fire hydrants. In the event of obstruction or obscuring, notice
Ordinance No. NS -XXX
Page 19 of 56
11 A-21
shall be given by the agency to the property served by such meter, or adjacent to such
hydrant; such notice shall contain the requirement that the obstruction be removed within
twenty-four (24) hours, Where a meter box is obstructed or obscured so that it cannot be
read, a "special investigation/meter reread fee" shall be made for returning to read the
meter.
(w) Responsibility of city. The city's responsibility ends at the customer's side
of the meter or where the city's facilities terminate.
(x) Above ground water system appurtenances. Fire hydrants and
aboveground backflow prevention devices, fire connection stand pipes and above ground
meters shall be entirely color coded as follows:
Public fire hydrant White
Private fire hydrants OSHA Red
Irrigation meter and Backflow Prevention Device Green
Domestic meter and Backflow Prevention Device Blue
Fire Backflow Prevention Device and fire connection standpipes OSHA Red
All colors shall follow the city's standard specification as established by the agency.
(y) Fire hydrant location. Fire hydrants shall be installed in locations specified
by the agency. If an applicant requests, and the agency approves, a change in the size,
type, or location of specified hydrants may be made. The applicant shall pay any
additional costs required to comply with the request.
Sec. 39-24. - Temporary service; fire hydrant meters.
(a) Use of fire hydrants as temporary water service. City fire hydrants are
provided for the primary purpose of extinguishing fire and shall be opened and used only
by the agency, fire department, or such persons as may be authorized by permit. No
person shall draw water from any fire hydrant without a permit. Water shall be drawn from
hydrants by use of a standard fire hydrant wrench, an auxiliary valve, and meter. Such
auxiliary valve and meter shall be placed on the fire hydrant outlet with the auxiliary valve
closed before any fire hydrant valve is opened. Any person using a fire hydrant without
the required permit, tools, and meter may be charged with theft of water.
(b) Permits shall be issued in the following manner:
(t) Permits shall be issued for a period not to exceed six (6) months. Renewals
for the same location or permits for a different location may be granted only after the city
has inspected the meter for damage or tampering and has determined the amount of
water used as recorded by the meter and that all bills due and payable have been paid
or that the amount of deposit is adequate to cover all unpaid bills or cost of repairs.
Ordinance No. NS -XXX
Page 20 of 56
11 A-22
(2) Permits shall not be granted to any individual business or agency known to
be in violation of any provision of this Code.
(3) Permits shall show the name and address of the permittee, the date issued,
the expiration date, the number and location of each hydrant from which water may be
obtained, and the amount of money deposited.
(4) Deposits may be transferred from one permit to another only if all the
conditions of (1) and (2) above have been met.
(c) Deposit and fees. Upon granting any permit under this section, the agency
shall require the applicant to make a deposit as set by resolution of the city council
sufficient to cover cost of meter with stand, auxiliary valve, and hydrant wrench. Deposits
will be refunded upon the return of undamaged meter and tools and payment for water
used. All or part of the deposit may be forfeited for failure to report the amount of water
used monthly, for failure to pay any bill, or for failure to return any meter and tools issued
to the permittee.
(d) Fees. A daily meter rental fee as set by resolution of the city council, in
addition to the cost of water used, shall be charged for each day the meter is in
possession of the permittee. A minimum fee equal to the total of the daily rental charge
for five (5) days shall also be established. The rental and cost of the water used may be
deducted from the deposit.
(e) Timing. Upon completing the Fire Hydrant Meter Permit Application, a fire
hydrant meterwill be installed by the city atthe location specified in the permit within forty-
eight (48) hours of the completed application.
Sec. 39-25. - Water measurement.
(a) Every water service as defined in this chapter shall be metered.
(b) Water services shall be designated according to the type of use as defined
in this chapter.
(c) Only duly authorized employees or agents of the city shall be permitted to
install water meters. Following the final acceptance of the water service and meter, the
meter and the service connection shall belong to the city and are the sole property of the
city.
(d) Meters will be read at regular intervals for the preparation of regular bills
and as required for the preparation of opening bills, closing bills, and special bills.
Sec. 39-26. - Continuity of service.
11 A-23
Ordinance No. NS -XXX
Page 21 of 56
(a) The city will exercise reasonable diligence to furnish a continuous and
sufficient supply of water to its customers and to avoid any shortage or interruption of
delivery thereof, It cannot, however, guarantee a continuous or sufficient supply or
freedom of interruption.
(b) The city shall not be liable for interruptions or shortage of supply, nor for
any loss or damage occasioned thereby.
(c) Whenever, in the operation of the city's water system, interruption in the
delivery of water to customers results from or is occasioned by cause other than the
exercise by the city of its right to temporarily suspend the delivery of waterfor the purpose
of making repairs or improvement to its system, notice of any such interruption will not be
given to the customers of the city, but the city shall exercise reasonable diligence to
reinstitute delivery of water.
(d) The city, whenever it shall find it necessary for the purpose of making
repairs or improvements to its system, shall have the right to temporarily suspend the
delivery of water. In all such cases, as reasonable notice as circumstances will permit
will be given to the customer, and the making of such repairs or improvements will be
completed as rapidly as may be practicable and at such times as will cause the least
inconvenience to its customers.
Sec. 39-27. - Private fire protection service.
(a) The use of separate fire protection services shall be limited to servicing
structural and buildings fire sprinkler systems, fire hoses, on-site fire pumps, fire
department connection standpipes, and fire hydrants. No such service shall be used for
any purpose other than flushing, fire flow testing, and the extinguishment of fires. All such
services shall be equipped with an approved double check valve assembly in accordance
with section 39-29(i) at the expense of the owner.
(b) A private fire protection service required to be flow tested routinely shall be
equipped with an appropriately sized fire service meter approved by the Orange County
Fire Authority.
(c) For non-residential tenant improvement projects that require a permit, plan
check, or design review costing $50,000 or more, an approved double check valve
assembly shall be installed on the existing private fire service.
Sec. 39-28. - Fire flow tests.
Fire flow tests shall be performed by a certified fire protection professional. An
application shall be submitted and a permit issued to the individual requesting the test
prior to conducting the test. The flow test must be witnessed by a representative of the
agency. A fire flow application fee and a fire flow witness fee, as set by resolution of the
city council, shall be the responsibility of the applicant.
Ordinance No. NS -XXX
Page 22 of 56
11 A-24
Sec. 39-29. - Protection of public water supply.
(a) State regulations adopted. The regulations of the State of California related
to Drinking Water Supplies, Title 17, as they are now in effect or as they may be amended
in the future, insofar as the same are applicable to the protection of the water supply of
this city, are hereby adopted, incorporated herein and made a part hereof.
(b) Purpose; applicability.
(1) The purpose of this section is:
(A) To protect the public water supply against actual or potential cross -
connection by isolating within the premises contamination that may occur because of
some undiscovered or unauthorized cross -connection on the premises;
(6) To eliminate existing connections between drinking water systems and
other sources of water that are not approved as safe and potable for human consumption;
(C) To eliminate cross -connections between drinking water systems and
sources of contamination; and
(D) To prevent the making of cross -connections in the future.
(2) It is unlawful to make or maintain, for any period of time whatsoever, any
cross -connection between plumbing pipes or water fixtures being served with water by
the agency and any other source of water supply, or to maintain any sanitary fixture or
other appurtenances or fixtures which may cause or allow backflow of water or other
substances into the water supply system of the city and/or the service of water pipes or
fixtures of any customer of the city.
(3) No water service connection to any premises of a type specified in
subsection (i) of this section shall be installed or maintained unless the public water supply
is protected as required by applicable state regulations and this section.
(c) Approval.
(1) Each backflow preventer required hereunder shall be approved by the
agency prior to installation and shall be installed by and at the expense of the customer
for continued service or before a new service will be granted.
(2) The agency shall approve a device when the device has received approval
by the Foundation for Cross -Connection Control and Hydraulic Research of the University
of Southern California (or other qualified organization as designated by the agency), and
will provide desired service and reliability. The agency shall provide, upon request, to any
affected customer, a list of approved devices.
Ordinance No, NS -XXX
Page 23 of 56
11 A-25
(d) Installation.
(1) Devices shall be installed as close as practical to the customer's service
connection and shall be installed above grade in an accessible location approved by the
agency.
(2) Devices shall have at least the same cross-sectional area as the water
meter. In those instances where it is determined that a continuous water supply is
necessary, two (2) sets of devices shall be installed in parallel. Where parallel devices
are required, the sum of the cross-sectional areas of the devices shall be at least
equivalent to the cross-sectional area of the meter.
(e) Maintenance, testing, and records.
(1) The customer shall test and service such devices at least once a year and
immediately after installation, relocation, or repair. A report, in a form acceptable to the
agency, which sets forth the results of such test(s) shall be filed immediately with the
agency. The agency may require a more frequent testing schedule if it is determined to
be necessary and all costs shall be borne by the customer.
(2) Devices shall be serviced, overhauled or replaced whenever they are found
to be defective. All costs of such service, overhaul or replacement, including testing,
repair, and maintenance shall be borne by the customer. The agency may require device
information, such as location and pictures, to be submitted with the test forms.
(3) The agency will supply affected customers with a list of persons acceptable
to the agency to test devices.
(4) The agency will notify affected customers when annual testing of a device
is needed. Failure to notify shall not relieve the customer of the obligation to test and
service its devices.
(5) Upon the issuance of a third and final notice to test a device, the agency
may impose a backflow preventer third -and -final -notice generation fee in an amount
established by resolution of the city council.
(6) The city reserves the right to hire a private tester to test the device and bill
the customer for the cost of the test plus a backflow device testing administrative fee as
set by resolution of the city council, which shall be the responsibility of the applicant, if a
device has not been maintained and tested within six months, or one hundred eighty (180)
days, from the date when the first notice regarding testing was mailed. Reasonable efforts
to notify the customer of the impending testing will be made.
(f) Backflow prevention device removal.
Ordinance No, N5 -XXX
Page 24 of 56
11 A-26
(1) Notification and approval. The agency must be notified and approval must
be obtained from the agency before a device is removed.
(2) Removal in general. The use of a device may be discontinued and the
device removed from service upon presentation of sufficient evidence to the agency to
verify that a hazard no longer exists or is not likely to be created in the future.
(3) Removal for relocation. A device may be relocated following confirmation
by the agency that the relocation will continue to provide the required protection to satisfy
installation requirements. A retest will be required, prior to return to service, following the
relocation of the device.
(4) Temporary removal for repair. A device may be removed for repair or
service, provided water use is either discontinued until repair is completed and the device
is returned to service, or the service connection is equipped with backflow protection
approved by the agency. A retest will be required, prior to return to service, following the
repair or service of the device.
(5) Temporary removal for replacement. A device may be removed and
replaced, provided water use is discontinued until the replacement device is installed. All
replacement devices must be approved by the agency prior to being put into service and
must be commensurate with the degree of hazard involved. A retest will be required, prior
to return to service, following the replacement of the device.
(g) Water system survey.
(1) Plans and specifications must be submitted to the agency upon request for
review of possible cross -connection hazards for new or existing service connections. If it
is determined that a device is necessary to protect the public water system, the required
device must be installed before service will be provided or continued.
(2) The agency may conduct an on -premises inspection or reinspection to
evaluate cross -connection hazards. Any customer which cannot or will not allow an on -
premises inspection of their piping system shall be required to install the device the
agency considers necessary.
(h) User supervisor. At each premises where it is necessary in the opinion of
the agency, a user supervisor shall be designated by and at the expense of the customer.
This user supervisor shall be responsible for the monitoring of the devices and for
avoidance of cross -connections. In the event of contamination or pollution of the drinking
water system due to a cross -connection on the premises, the agency shall be promptly
notified by the user supervisor so that appropriate measures may be taken to overcome
the contamination. The customer shall inform the agency of the user supervisor's identity
on, as a minimum, an annual basis and whenever a change occurs.
(i) Type of protection required.
Ordinance No. NS -XXX
Page 25 of 56
11 A-27
(1) The type of protection that shall be provided to prevent backflow into the
approved water supply shall be commensurate with the degree of hazard that exists on
the customer's premises. The type of device shall be one of the following:
(A) Approved air gap separation (hereinafter "AG");
(B) Approved double check valve assembly (hereinafter "DC"); or
(C) Approved reduced pressure principle assembly (hereinafter "RP").
(2) The customer may choose a higher level of protection than required by the
agency. The minimum types of backflow protection required to protect the approved water
supply at the customer's water connection to premises, with varying degrees of hazard,
are provided in Table 1 below. Situations which are not covered in Table 1 shall be
evaluated on a case-by-case basis, and the appropriate backflow protection shall be
determined by the agency,
(3) In those instances where conditions warrant, the agency may modify the
minimum installation herein indicated as appropriate to provide a degree of protection
commensurate with the degree of hazard.
TABLE 1. TYPE OF BACKFLOW PROTECTION REQUIRED
Minimum
Degree of Hazard Type
of Backflow
Protection
1.
Aircraft and missile plants
RP
2.
Automotive plants
RP
3.
—
Auxiliary water systems (interconnected)
RP
4.
Auxiliary water systems (not interconnected) —
. _.. .—.
RP
Beverage bottling plants
RP
6. 1
BoElers----------~— -----
—�
-
RP
7.
� Breweries
� RP
$
Buildings greater than 3 stories or greater than 34 feet in height from
DC
curb level
9.
Buildings with 2 or more service connections (interconnected) —�
DC
10.1-
0. Buildings with house pumps and/or potable water storage tank DC
Ordinance No. NS -XXX
Page 26 of 56
11 A-28
11
Buildings with wastewater pumping and/or treatment plants (not
RP
interconnected)
12.
Canneries _--
RP
13.
—� Car wash facilities
RP --
14.
heating and air conditioning plants
RP
I15.,
—Centralized
mm
Chemical plants (
—
RP
16.
Chemically treated potable water systems
R
17. f
Civil works (facilities not subject to city plumbing inspection)
RP
18.
Commercial laundries
RP
i 19
T----T
Cooling towers
-----
AG
,20
_
Dairies and cold storage plants
RP
F21.7
Dye works
RP
1� 22.
�_
Film processing laboratories
_.__.... _
RP
r�
23.
24
-----
Fire protection system with biological or chemical additives
^_—.------------.__...---------.--..._._
Fire protection system with unapproved auxiliary water supply (not
1
RP
._.—
DC—�
i
interconnected)
25
Fire protection system with unapproved auxiliary water supply
(interconnected)
RP
X26.
Fire protection system with storage tanks or private reservoirs
DC
FI
127
3
Fire protection systems with 2 or more service connections
I (interconnected)
FDC
328
Food processing plants
RP
129.
High schools and colleges
RP
Holding tank disposal stations_
RP
31.
Hospitals (major complexes)
RP�
32.
- ----- ---- ---
Irrigation systems
RP
33.
Laboratories using toxic materials
RP
34.
Manufacturing, processing, and fabricating plants using toxic
materials
RP
I_
36
.............
Manufacturing, processing, and fabricating plants using nontoxic
RP
materials
36Medical
and dental buildings
i RP
Ordinance No. NS -XXX
Page 27 of 56
11 A-29
37.
Mobile home parks
DC
38.
Motion picture studios (
RP
39.
Oil and gas production facilities
RP
140.
_
Paper and paper production plants
. _
RP
Plating plants
RP
42.
Premises where recycled water is used (not interconnected)
RP
[43T.
-- --- — ---- -- — -
Radioactive materials processing facilities
----------
RP
144.—
Restricted, classified, or other closed facilities
RP
45.1
Rubber plants
RP
46.
Sand and gravel plants
RP
[47.
Sewage and storm drainage facilities —�
RP
48'
Any premises where there is a repeated history of cross -connections
being established or reestablished
P
Unapproved water systems or private piping systems constructed
49
without the approval of the agency or the city's planning and building
AG
agency
Premises where entry is restricted so that inspections for cross
50
connections cannot be made with sufficient frequency or at
RP
sufficiently short notice to assure that they do not exist
0) Discontinuance of water service.
(1) Service of water to any premises may be discontinued by the agency, after
notice, if a device is not installed, tested, and maintained as required by this section, or if
any defect is found in an installed device, or it is found that a device has been removed
or bypassed, or if unprotected cross -connections exist on the premises, or if the agency
determines a hazard or potential hazard exists. Service will not be restored until such
conditions or defects are corrected.
(2) When the agency encounters water uses that represent a clear and
immediate hazard to the potable water supply, the agency shall institute the procedure
for discontinuing the city water service.
(3) Conditions or water uses that create a basis for refusal to provide or
termination of water service shall include, but are not limited to, any of the following items:
(A) Refusal to install a required device.
(B) Refusal to test a device.
11 A-30
Ordinance No. NS-xxX
Page 28 of 58
(C) Refusal to repair a faulty device.
(D) Refusal to replace a faulty device.
(E) Direct or indirect connection between the public water system and a sewer
line.
(F) Unprotected direct or indirect connection between the public water system
and a system or equipment containing contaminants.
(G) Unprotected direct or indirect connection between the public water system
and an auxiliary water system.
(H) A situation which presents an immediate health hazard to the public water
system.
(4) Water service termination procedures shall include the following items:
(A) For conditions (3)(A), (3)(B), (3)(C) or (3)(D) of subsection (j) above, the
agency will terminate service to a customer's premises after written notice has been sent,
specifying the corrective action needed and the time period in which it must be done. If
no action is taken within the allowed time period, wafter service may be terminated.
(B) For conditions (3)(E), (3)(F), (3)(G) or (3)(H) of subsection (j) above, the
agency will take the following steps:
(i) Make a reasonable effort to advise customer of intent to terminate water
service.
(ii) Terminate water supply and lock service valve. The water service will
remain inactive until correction of violations has been approved by the agency.
(k) Information requests. Upon request, the agency will provide interested
parties with copies of section 39-29, rules and regulations for the testing and maintenance
of devices, and such other advice, information, illustrative sketches, drawings and data
as may be necessary to familiarize the customers, engineers, architects and others with
agency requirements.
Sec. 39-30. - Certification of water supply.
Before the issuance of any permit or variance or the signing of any tract map,
parcel map, lot split, or improvement plans, a certification must be obtained from the
agency stating that the wafter system supplying the property meets the requirements for
the last rate classification of the city by the American Insurance Association in supply,
distribution facilities and fire hydrants, or that the property is or will be served by the city.
Ordinance No. NS -XXX
Page 29 of 56
11 A-31
Sec. 39-31. - Greywater systems.
No person shall construct or maintain a greywater system, as defined by the Water
Code of the State of California. In order to avoid the potential health hazard presented by
a greywater system, the public works agency may discontinue water service to any
premises on which a greywater system has been installed until such system is removed.
Sec. 39-32. - Recycled water—Source of recycled water.
(a) The city has agreed to buy recycled water from the Orange County Water
District (OCWD) and to resell such recycled water, as contractor for OCWD, to water
users located within the jurisdictional and service boundaries of the city.
(b) Any city obligation to deliver recycled water is conditioned upon OCWD's
completing and making operational the recycled water treatment and distribution system
known as the Green Acres Project, including the distribution pipeline system necessary
to provide recycled water to users; upon OCWD's making recycled water available for
sale to users; and upon issuance of all necessary permits, certificates, and approvals by
all federal, state and local regulatory agencies having jurisdiction over the construction
and operation of water recycling facilities and over the production, distribution, sale and
use of recycled water. Any obligation is further conditioned upon OCWD being able to
acquire acceptable right-of-way access from the Green Acres Project facilities to the
users' property for distribution pipeline purposes, and upon approval of all federal, state,
and local agencies having regulatory jurisdiction or grant -funding responsibilities with
regard to the Green Acres Project facilities.
(c) The city shall have no obligation to supply recycled water beyond that
usable by the user on the property set forth in any recycled water user agreement.
Recycled water furnished by the city shall be provided solely for the user's use, and the
user shall not resell any such recycled water.
Sec. 39-33. - Same—Pressure and quality of water purchased by user
Subject to compliance by OCWD, all recycled water delivered to users from Green
Acres Project facilities shall conform to the current and future requirements established
bythe California Regional Water Quality Control Board -Santa Ana Region, state and local
health departments, and federal, state and county agencies having jurisdiction to
establish minimum standards for the quality of recycled water. Recycled water shall be
delivered on a continuous basis at the minimum and maximum pressures set forth in the
user's recycled water user agreement.
Sec. 39-34. - Same—Ownership of valves and meters.
(a) The city shall own, operate, and maintain the control valves located on each
side of the meter and the metering device installed on the service line to the user's
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property. At locations where recycled water is used exclusively, the city may convert
existing service connections (including control valves and meters) from potable to
recycled water system connections. The user will own and maintain all facilities on the
user's side of the customer control valve. The user shall be held responsible and charged
for all water passing through meters at its property,
(b) The city reserves the right to determine the size of the recycled water
pipeline, the type of pipe, the service connection required, and any and all other
appurtenances related to recycled water usage which are located on the property location
to which recycled water will be delivered.
Sec. 39-35. - Same—Purchase of water by user.
(a) The city will supply recycled water to the user, and the user shall purchase
recycled water for the location(s) and purposes and in the estimated amounts set forth in
its recycled water user agreement.
(b) The user shall commence taking deliveries of recycled water after receiving
written notice of availability from the city. To the extent that the user's then -current use of
its property necessitates the use of recycled water, the user will continue to purchase
recycled water from the city. In the event that the current use of the property is
discontinued or is modified, recycled water service may be terminated by mutual
agreement in writing by the city and the user.
(c) The city reserves the right to control and schedule the use, distribution, and
delivery of recycled water if, in its reasonable discretion, control and scheduling are
necessary to maintain the recycled water distribution system in acceptable working
condition. Scheduling may include, but is not limited to, varying rates of pressure and
programming deliveries to the user and/or to portions of the user's property.
(d) If at any time during the construction or operation of the Green Acres Project
facilities, real or potential hazards, or evidence of a hazard, are found to exist, the city
reserves the right and has the authority to terminate recycled water service to the user's
property in the interest of protecting the public health. Service shall be reinstated upon
abatement of the hazard. If service is terminated pursuant to this section, the city may
supply the user with water from its potable water sources or an alternative recycled water
system at the then -current recycled water rate for up to thirty (30) days; after thirty (30)
days and until such time as the delivery of recycled water is reinstated, the user shall pay
the potable water rate if potable water is supplied or the recycled water rate if an
alternative source of recycled water is used.
(e) In the event the lack of delivery of recycled water is the result of an
operational fault of the city, the rate for the water delivered through the system will be
equal to the then -current rate for recycled water for a period of up to thirty (30) days;
thereafter, the user shall pay the regular potable rate. If the inability to deliver is beyond
the control of the city, the city shall charge and the user shall pay the regular potable rate.
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(f) In the event that OCWD ceases the production and distribution of recycled
water or in the event that the treatment criteria imposed by any regulatory authority
exceed or differ significantly from those existing as of the date of the execution of the
recycled water user agreement and application for water service, the city shall supply
potable water at the then -established potable water price. The city shall incur no liability
to the user by reason of the temporary cessation of delivery of recycled water or by reason
of the termination of such delivery.
Sec. 39-36. - Same—Price of recycled water.
The price to be paid by the user for all recycled water delivered by the city shall be
established by resolution of the city council, subject to the provision of the user's recycled
water user agreement.
Sec. 39-37. - Same—Payment.
Recycled water accounts shall be subject to section 39-20 of this chapter.
Sec. 39-38. - Same—Limitation on use.
Recycled water delivered from OCWD's Green Acres Project facilities has
restricted uses. The user shall use recycled water only upon the property of the user and
only for those uses and purposes provided for in the recycled water user agreement and
which are legally permissible under the laws of the state, as well as the rules and
regulations adopted by the city, by OCWD and by all regulatory agencies having
jurisdiction, including but not limited to the California Regional Water Quality Control
Board -Santa Ana Region, and by state and local health departments.
Sec. 39-39. - Same—Rules and regulations.
The user shall comply with all rules and regulations, including the "Green Acres
Project, Project Rules and Regulations for the Use of Recycled Water," promulgated now
and in the future by OCWD, the city, the State of California or the federal government
relating to the sale, distribution, transportation, and use of recycled water.
Sec. 39-40. - Same—Responsibility.
(a) The city's responsibility for the recycled water delivered to the user ends at
the user's side of the meter or, in the case of an unmetered or other special installation,
where the city's facilities terminate. Operation, management, maintenance, and
monitoring with respect to the storage, distribution, and other facilities under the control
of the user shall be the responsibility of the user.
(b) The user shall allow the city and/or OCWD's representatives to enter the
use's premises for monitoring, inspecting, sampling, analysis, and observation of the
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user's recycled water facilities at all reasonable times. The user, its personnel,
representatives, and agents shall cooperate with the city and/or OCWD in such activities
and assist in the performance of operational tests as required. If a determination is made
that the user's facilities are not in compliance with city and/or OCWD requirements, the
user shall promptly initiate and diligently pursue to completion action that will correct the
conditions causing the noncompliance. If the user shall fail to comply with its obligations
specified herein, the city may, at the user's expense, make such repairs, improvements,
changes, or undertake such other activities as are necessary to comply with the user's
obligations. Such expense shall be payable to the city by the user upon demand, or the
city may discontinue recycled water service until such time as the user makes appropriate
repairs and the city inspects the user's system to assure conformance with applicable
rules and regulations.
Sec. 39-41. - Same—Applicability of chapter.
Recycled water accounts and service shall be subject to and shall comply with all
the provisions of this chapter, except as specified in sections 39-32 through 39-40. In the
event of conflict between sections 39-32 through 39-40 and the other portions of this
chapter, the provisions of sections 39-32 through 39-40 shall control.
Sec. 39-42. - Same—Agreement to be signed.
Before any recycled water service is provided, the user shall sign a recycled water
user agreement with the director of public works, who is hereby designated as the agent
of the city to enter into such agreements, in addition to filing or obtaining any applications
or permits required by this chapter.
Secs. 39-43-39-49. - Reserved.
SECTION 6. Article III of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 7. Article III of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows:
ARTICLE III. - SEWERS
Sec. 39-50. - Definitions.
As used in this article:
Agency means Public Works Agency, City of Santa Ana.
Best management practices (BMPs) means schedules of activities, a prohibition
of practices, maintenance procedures, and other management practices to prevent or
reduce the introduction of FOG to the sewer facilities.
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Change in operations means any change in the ownership, food types, or
operational procedures that have the potential to increase the amount of FOG generated
and/or discharged by FSEs in an amount that alone or collectively causes or creates a
potential for SSOs to occur.
Director of public works means the chief administrative officer of the department
of public works, City of Santa Ana.
Discharger means any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer. Discharger shall mean the same as
user or customer.
Enforcing attorney means the city attorney or district attorney acting as counsel to
the city and his/her designee.
Fats, oils, and grease (FOG) means any substance such as a vegetable or animal
product that is used in, or is a byproduct of, the cooking or food preparation process, and
that turns or may turn viscous or solidifies with a change in temperature or other
conditions.
FOG control program means the FOG control program required by and developed
pursuant to Statewide General Waste Discharge Requirements for Sanitary Sewer
Systems (State Water Resources Control Board Order No. 2008-0003-DWQ),
FOG control program manager means the agency's Water Resources Manager
and persons designated by and under his/her instruction and supervision, who are
assigned to administer the FOG control program. A consultant retained under contract by
the city may be designated as the FOG control program manager.
Food grinder means any device installed in the plumbing or sewage system for the
purpose of grinding, chopping, macerating, or pressing food waste or food preparation
byproducts for the purpose of disposing some or all food waste into the sewer system.
Food service establishment (FSE) means food facilities defined in the California
Retail Food Code, and any commercial entity, operating in a permanently constructed
structure such as a room, building, or place, or portion thereof, maintained, used, or
operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or
otherwise handling food for sale to other entities, or for consumption by the public, its
members, or employees, and which has any process or device that uses or produces
FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed
by a type I or type II hood, as defined in the California Retail Food Code.
Grease control device means any grease interceptor, grease trap, or other
mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing
fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being
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discharged into the sewer system. A grease control device may also include any other
method proven to reduce FOG subject to the approval of the director of public works.
Grease interceptor means a multi -compartment device that is constructed in
different sizes and is generally required to be located outdoors and underground between
a FSE and the connection to the sewer system. These devices must be cleaned,
maintained, and have the FOG regularly removed and disposed of in a proper manner to
be effective. Also referred to as gravity grease interceptor or GGI.
Grease removal device means a type of hydro -mechanical grease interceptor that
automatically and mechanically removes non -petroleum fats, oils, and grease from the
interceptor, the control of which is either automatic or manually initiated. Also referred to
as GRD.
Grease trap means a grease control device that is used to serve individual fixtures.
These have a limited effect and should only be used in those cases where the use of a
grease interceptor or other grease control device is determined to be impossible or
impracticable. Also referred to as hydro -mechanical grease interceptor or HGI.
Hot spots means areas in sewer lines that have experienced sanitary sewer
overflows that must be cleaned or maintained frequently to avoid blockages of sewer
system, or require maintenance that otherwise would be unnecessary.
Inflow means water entering a sewer system through a direct stormwater runoff
connection to the sanitary sewer, which may cause an almost immediate increase in
wastewater flows.
Infiltration means water entering a sewer system, including sewer service
connections, from the ground through such means as defective pipes, pipe joints,
connections, or manhole walls.
Interference means any discharge which, alone or in conjunction with discharges
from other sources, inhibits or disrupts the city's sewer system or is a cause of violation
of federal or state environmental laws.
New construction means any structure planned or under construction for which
sewer connection permits have not been issued.
Lower sewer lateral means that portion of the sewer lateral that extends from the
sewer main to the private property line.
Person means any individual, partnership, firm, association, corporation or public
agency, including the state and the United States of America.
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Private sanitary sewer overflow means any surface spill, loss, or discharge of
untreated or partially treated wastewater resulting from blockages or other problems
within a privately owned sewer lateral.
Remodeling means a physical or operational change causing generation of FOG
that exceeds the current amount of FOG discharged to the sewer system by the FSE in
an amount that alone or collectively causes or creates a potential for FOG discharge to
the sewer system; or requires either a discretionary land use approval, building permit, or
plumbing permit, and involves any one or combination of the following:
(1) Under slab plumbing in the food processing area;
(2) An increase in the net public seating area;
(3) An increase in the size of the kitchen area; or
(4) Any change in the size or type of food preparation equipment.
Rules and regulations means non -punitive rules and regulations as established by
the director of public works to implement this section and the FOG control program.
Upper sewer lateral means that portion of the sewer lateral that extends from the
private property line to the structure to which it connects.
Sanitary sewer overflow (SSO) means a surface sewer spill, loss, or discharge of
wastewater from a sanitary sewer system.
Sewer district means sewer assessment districts formed for the purpose of
financing and constructing public sewer systems owned and operated by the city.
Sewer facilities means any and all facilities used for collecting, conveying,
pumping, and disposing of wastewater. Sewer facilities shall mean the same as sewer
system.
Sewerlateral means that entire connecting sewer line running from the sewer main
to the private property line and extending to the structure to which it connects.
Sewer main means the main line sewer, used as a trunk line or major channel of
passage fortransporting sewage and waste, constructed in a street, highway, alley, place,
or right -or -way dedicated to public use. It shall not include sewer laterals or any portion
of them.
Waste means sewage and any and all other waste substances, liquid, solid,
gaseous or radioactive, associated with human habitation or of human and animal nature,
including such wastes placed within containers of whatever nature prior to and for the
purpose of disposal.
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Wastewater means the liquid and water -carried wastes of the community and all
constituents thereof, whether treated or untreated, discharged into or permitted to enter
a public sewer.
Sec. 39-50.1. - Ownership.
(a) The City shall in no way whatsoever be responsible for any damage to
persons or property because of any leakage, breakage, or seepage from, or accident or
damage to, any sewer pipe or its appurtenances located on any private premises; nor
shall the City be responsible for or on account of any damage, injury, or loss caused
directly or indirectly by the existence on private premises of any sewer pipe or its
appurtenances.
(b) A sewer lateral from its connection to a building on the property to its point
of connection with the sewer main, inclusive of both the upper and lower sewer lateral,
shall remain the responsibility of the property owner or user with regard to maintenance,
repair and upkeep. All sewer laterals shall be maintained by the owner of the property or
user served by such lateral in a safe and sanitary condition so that there is no seepage
of waste at any point up to and including the junction of the sewer lateral and the sewer
main and so that passage of waste through the lateral to the sewer main is free from
stoppage and obstruction. All devices and safeguards that are required by this chapter
for the operation thereof shall be maintained in good working order.
Sec. 39-50.2 - Repair by city forces.
(a) Repair and maintenance of all sewer mains dedicated to the city shall be
the responsibility of the city's sewer enterprise.
(b) Except as provided herein, repair and maintenance of all privately owned
sewer mains and all lateral lines, equipment, and appurtenances connected to the city
sewer mains shall be the responsibility of the ownerluser, and shall meet the
requirements contained in this article.
(c) The city's sewer enterprise may perform the repair and maintenance of all
lower sewer lateral lines within the public right-of-way, at the discretion of the director of
public works and so long as funds are available in the sewer enterprise to perform such
repair and maintenance in accordance with Resolution NS -2479.
Sec. 39-51. - Mandatory connections.
(a) All buildings or other structures which contain any plumbing fixtures and
which are located within any sewer district or district serviced by a public sewer must be
connected to a public sewer.
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(b) Whenever any property shall be included in a sewer district or area served
by a public sewer, every building or other structure located on such property and
containing any plumbing fixtures shall, within ninety (90) days after completion of the
public sewer in such district or area, have all such fixtures connected to the such public
sewer, and all cesspools or septic tanks on such property shall be disconnected and
completely filled with good, sound earth at the time the sewer connection is made;
provided, however, if the property has been, previous to its inclusion in a sewer district,
connected to a public sewer and if such connection is approved by the director of public
works, such connection shall be considered as complying with the provisions of this
section.
Sec. 39-52. - Connection outside of a sewer district; pen -nit required.
Any lot or any building or structure on any lot located within the city, but outside of
an existing sewer district or area served by a public sewer, may be connected with a
public sewer, but no person shall make any such connection unless and until he shall
have been granted a sewer permit for such connection and unless and until such person
or the owner of such lot or parcel or his duly authorized agent, shall have paid to the
agency an amount equal to that which would have been assessed to such lot or parcel
had it been in the district assessed for the existing sewer to which the connection is to be
made. The amount may be reduced at the discretion of the director of public works to
allow for extra length of house sewer or connecting sewer if necessary.
Sec. 39-53. - Connection permit required; determination of fee.
(a) Except as provided in subsection (b) below, no person shall make any
sewer connection unless a permit shall have been applied for and issued by the director
of public works. No permit for such connection shall be issued by the director of public
works as provided in this section unless the application is accompanied by the payment
of a fee to the agency in an amount which the director of public works shall determine to
be the applicant's proportionate share of the cost of construction of such public sewer, as
prescribed in subsection (c).
(b) Whenever a main sewer line is replaced by a new line, the laterals
connected to the former line shall be connected to the new line and the entire lower lateral
shall be reconstructed or rehabilitated as part of the installation thereof. In such event, no
permit shall be required from the owner or occupant of any existing premises thus
reconnected.
(c) The sewer connection fee for the applicant's proportionate share of the cost
of public sewer construction shall be computed on the following basis:
('I) The fee shall be an amount equal to the assessment per fixture unit,
multiplied by the net increase in fixture units on the parcel or parcels for which sewer
connection application is made over the total fixture units previously serviced by any
Ordinance No. NS -XXX
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sewer line to which such parcel or parcels were connected. The number of fixture units
assigned to each plumbing fixture shall be as provided in the California Plumbing Code.
(2) In all cases of sewer connection application for the servicing of a
commercial laundry or restaurant, a fee in the amount of the standard cost per fixture unit
multiplied by thirty (30) fixture units per clothes washing or dishwashing machine shall be
assessed in addition to other fee assessments pursuant to subparagraph (1) above.
(3) The city council shall, from time to time, establish by resolution the current
assessment per fixture unit and the sewer connection application fees resulting therefrom
in accordance with this section.
(4) All fees collected shall be deposited into the sewer connection fee fund
pursuant to article VII of chapter 13.
Sec. 39-54. - Development conditioned upon sewer line construction.
The director of public works shall review building permit applications for the
purpose of determining whether the proposed development would result in an overload
of existing sewer line capacity. No building permit which would result in such overload
shall be approved unless a sewer line of sufficient capacity be first constructed or unless
the city and the applicant enter into an agreement for its subsequent construction. In
determining the necessary sewer line capacity, the director of public works shall take into
account the anticipated future development of all parcels that use or will use the sewer
line to be constructed. The city may enter into an agreement with any person constructing
a sewer line pursuant to this section by which such person, or his successor -in -interest,
shall be reimbursed for costs of construction of a sewer line, to the extent they exceed
such person's own sewer connection fees due under section 39-53, solely from revenues
in the sewer connection fee fund established by article VII of chapter 13 of this code. Any
such agreement may provide that any fee that would otherwise be due pursuant to section
39-53 from the contracting party shall be a credit on the contracting party's right to receive
reimbursement, in which case no payment of the fee to the city shall be required from the
contracting party.
Sec. 39-55. - General regulations.
(a) Maintenance of discharger's facilities. Dischargers shall prevent the
discharge of FOG and prohibited wastes pursuant to section 39-58 and keep their sewer
laterals, cleanouts, and other apparatus (except facilities owned by the city) in good repair
and free from leakage and blockages at their own expense. Customers shall be liable for
all damages which may result from the customer's failure to maintain such facilities in
good repair and free from leakage and blockages.
(b) Vacated premises. Sewerage rates will be charged for vacated premises
until the city is notified of the discontinuance of the use of water and is requested to turn
off the water.
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(c) Admittance to premises. Any authorized employee of the city shall be
admitted at all reasonable hours to all appropriate parts of the premises supplied with
sewerage service to see that the provisions of this article, resolutions adopted pursuant
hereto, and administrative regulations published in accordance herewith are carried out.
(d) Responsible owner or applicant. In all cases where sewerage service is
being provided to several tenants from one connection, the city contracts only with the
person designated on the application. Failure by such person to comply with the
provisions of this article, or with resolutions or regulations enacted or adopted pursuant
hereto, shall be sufficient cause to disconnect all service until such ordinances,
resolutions, or regulations are complied with.
(e) Damage to discharger's property. The city will not be responsible for
damages to buildings or their contents from any blockage in any portion of a sewer lateral.
(f) Unused sewer lateral. Any sewer lateral connection which has been
installed for a period of ten (10) years or more and has not been activated for ten (10)
years shall be considered inactive and obsolete. Any person desiring sewerage service
forsuch premises or any portion thereof formerly served by the inactive sewer lateral shall
make application for a new sewer lateral connection and pay the current charge therefore.
(g) Facilities owned by city. The city's ownership of sewer facilities ends at the
point of connection between the sewer main and the sewer lateral, or, in other special
installations, where the city's facilities terminate.
Sec. 39-55.1. - Sewerage service charge—Purpose.
In order to reimburse the city, in part, for its service in transporting sewerage from
a water utility customer or other person using the city -owned sewer system and facilities
to Orange County's publicly owned treatment works and related infrastructure, and to
operate, maintain, repair, and replace the city -owned sewer system and facilities, it is
appropriate for the city to charge a sewerage service fee. This charge does not duplicate
any existing fee, charge, levy, or other toll currently collected by any public agency, and
is intended to be, and shall be interpreted as, distinct and separate from any current or
future (a) sewer standby or availability charge or assessment; (b) special benefit
assessment or special tax imposed pursuant to state or local law; (c) sewer connection
charge or sewer capacity charge paid in connection with or as a condition of approving
an application for sewer service; or (d) mitigation fee imposed on new development
pursuant to state law (California Government Code section 66000 et seq.) or local law.
Where appropriate, words and phrases used in sections 39-55.1--39.55.5 shall have the
same meaning as given them under article 11 of this chapter.
Sec. 39-55.2. - Same—Establishment.
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(a) Except as provided in section 39-55.3, upon each water utility customer of
the city there shall be imposed, in addition to the commodity charge for usage of city
water, a sewerage service charge. All sewerage service charges imposed pursuant to
this subsection, together with all charges imposed pursuant to subsections (b) and (c)
below, shall be due and payable at the same time and in the same manner and subject
to the same penalties for unsatisfied fees, charges, and penalties as provided in section
39-20 of this Code for payment of municipal utility services accountlbilling statements for
water utility services pursuant to article 11 of this chapter, but shall be listed as separate
line items on the municipal utility services account/billing statement. The sewerage
service fee shall be charged based upon the volume of usage of the city's sewer system
by the water utility customer, as measured by metered water service.
(b) Except as provided in section 39-55.3, a sewerage service charge shall be
imposed upon any person who receives potable water service from a municipal water
provider other than the city or from a private water provider, and who discharges into the
city -owned sewer system and facilities. The sewerage service charge shall be made upon
the volume of usage of the city's sewer system by the person, as measured by metered
water service or other means approved by the director of public works or designee.
(c) Sewer system capital recovery charge. Customers receiving sewer service
will be charged a sewer system capital recovery fee as established by resolution,
(d) Lower sewer lateral replacement charge. Customers receiving sewer service
will be charged a sewer lateral repair fee as established by resolution.
(e) Fats, oils, and grease control program. Food service establishments and food
facilities receiving sewer service will be charged a fats, oils, and grease control program
charge as established by resolution.
Sec. 39-55.3. - Same—Exceptions.
The following types of connections shall not be liable for payment of the sewerage service
charge:
(a) Fire protection service connections when separately metered;
(b) Irrigation service connections when separately metered;
(c) Any individual, partnership, association, corporation, or agency of
government that is not connected to the city's sewerage system; provided, however, that
it shall be the obligation of the individual, partnership, association, corporation or agency
of government to present evidence of this fact to the city; or
(d) Any water utility customer who has not received city -supplied water during
a billing period.
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Sec. 39-55.4. - Same—Setting charge.
The city council shall, from time to time, set a sewerage service charge in
accordance with applicable law. All monies collected from the sewerage service charge,
including penalties and interest for late payment, shall be deposited into the sewerage
enterprise fund established pursuant to chapter 13 of this code.
Sec. 39-55.5. - Same—Delinquencies.
(a) Sewerage service charges and other sewerage service related charges
established under section 39-55.2 and any penalties accrued for failure to make timely
payment therefore shall be a civil debt owing to the city.
(b) In the event that the owner and occupant of the premises or property
receiving sewerage service are the same, then said civil debt against such customer shall
constitute a lien against said property upon recordation following appropriate action by
the city council following substantial compliance with all provisions of California
Government Code section 54354 et seq., as it may be amended from time to time,
including notice and an opportunity to be heard; except as may be provided therein. As a
separate and distinct remedy, the city attorney is authorized to bring suit pursuant to
California Government Code section 54356.
(c) Establishment of a lien against the property shall remove said sewerage
charge(s) from the City's regular consolidated municipal utility services account/billing
statement and toll the accrual of additional penalties therefore under section 39-20 of this
Code.
(d) The city shall not disconnect water utility service for failure to pay the sewer
service charge, unless such failure is accompanied by a customer's failure to pay the
water utility service, in which case disconnection of water utility service shall be governed
by article ll of this chapter.
Sec. 39-56. - Fats, oils, and grease control—Purpose and policy.
(a) The purpose of this section is to allow the maximum beneficial public use of
the city's sewer services and facilities while preventing blockages of the sewer lines
resulting from discharges of fats, oils, and grease (FOG) to the sewer facilities and to
specify appropriate FOG discharge requirements for FSEs.
(b) The purpose of this section is to comply with federal, state, and local policies
regarding sanitary sewer overflows and to allow the city to meet applicable standards and
provisions for the regulations of wastewater or waste containing FOG discharges to the
sewer facilities.
Sec. 39-56.1. - Same—Rule and regulations and interpretations.
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(a) The directorof publicworks is hereby authorized and directed to promulgate
rules and regulations consistent with the provisions of this section as may be necessary
or desirable to aid in administration of this section and the FOG control program. Any
such rule or regulation may be added, modified, or deleted as necessitated by changes
in law, increased demands of regulatory agencies, or technological improvements or
advances. The rules and regulations shall be filed in the office of the director of public
works and maintained in an orderly manner readily accessible to the public. Further, the
city will provide a copy of the rules and regulations to all FSEs at the time of initial
inspection for compliance with this section. The burden to secure and comply with the
rules and regulations shall be upon the FSE and in accordance with the goals and
purposes of the FOG control program.
(b) The city manager, the director of public works, and persons designated and
under the instruction and supervision of any of them, may investigate compliance of this
chapter.
Sec. 39-56.2. - Same—Prohibitions.
(a) Prohibitions. The following prohibitions shall apply to all FSEs:
(1) The discharge into the sewer system of FOG that may accumulate and/or
cause or contribute to blockages in the sewer system or at the sewer system lateral,
except as provided herein.
(2) The installation of food grinders in the plumbing system of new
constructions of FSEs. All existing food grinders shall be removed from FSEs within one
hundred eighty (180) days of the effective date of this section.
(3) The introduction of any additives into a FSE's wastewater system for the
purpose of emulsifying FOG, unless a specific written authorization from the FOG control
program manager is obtained.
(4) The disposal of cooking oil into drainage pipes.
(5) The discharge of wastewater from dishwashers into any grease trap or
grease interceptor.
(6) The discharge of wastewater with temperatures in excess of 140°F to any
grease control device, including grease traps and grease interceptors.
(7) The use of biological additives for grease remediation or as a supplement
to interceptor maintenance, without prior authorization from the FOG control program
manager.
(8) The discharge of waste from toilets, urinals, washbasins, and other fixtures
containing fecal materials to sewer lines intended for grease interceptor service.
Ordinance No. NS -XXX
Page 43 of 56
11 A-45
(9) The discharge of any waste, including FOG and solid materials removed
from the grease control device, to the sewer system.
(b) Dishwashers and food waste disposal units shall not be connected to or
discharged into any grease trap.
Sec. 39-56.3. - Same—Best management practices required.
All FSEs shall implement best management practices (BMPs) in their operation to
minimize the discharge of FOG to the sewer system. The requirements and guidelines
for BMPs are specified in the rules and regulations.
Sec. 39-56.4. - Same—FOG pretreatment.
(a) FOG pretreatment required. Waste containing FOG shall be discharged
into the sewer system only under the conditions of this section. The following facilities
shall discharge all waste from sinks, dishwashers, drains, and any other fixtures through
which grease may be discharged, into an adequately sized, properly maintained and
functioning grease interceptor before the discharge enters the sewer system, as well as
provide a grease interceptor effluent monitoring port.
(b) Newly constructed FSEs.
(1) A newly constructed FSE(s) shall install grease interceptors prior to
commencing the discharge of wastewater to the sewer system.
(2) Existing FSEs undergoing remodeling or a change in operations shall be
required to install a grease interceptor prior to commencing the discharge of wastewater
to the sewer system.
(c) Existing FSEs. Existing FSEs are not required to install a grease interceptor
unless the FOG control program manager makes a determination that the existing FSE
currently or potentially adversely impacts the sewer system by causing or contributing to:
(1) FOG hot spots;
(2) Interference;
(3) SSOs; or
(4) The FSE is not implementing or complying with BMPs as listed in the rules
and regulations.,
Ordinance No. NS -XXX
Page 44 of 56
11 A-46
(5) The FSE(s) shall install grease interceptors within one hundred eighty (180)
days after receipt of official notice to install the interceptor unless the FSE obtains a
conditional waiver as discussed below.
(d) Conditional waiver of interceptor requirement. The FOG control program
manager may provide a written waiver of the requirement to install a grease interceptor,
listing the conditions upon which the waiver is granted, upon a finding of one or more of
the following conditions set forth in subsections (1), (2), and (3) below:
(1) The FSE can substantively demonstrate that it employs an alternative
pretreatment technology that is equivalent to or better than a grease interceptor in
controlling its FOG discharge.
(2) There is no potential for FOG from the FSEs to cause or contribute to SSOs.
(3) The FSE discharges of FOG are negligible and do not cause a significant
impact to the sewer system.
(4) The FSE may use or may be required to install grease traps in lieu of
installation of a grease interceptor when:
(A) Installation of an interceptor cannot physically be accomplished;
(B) There is not adequate slope for gravity flow between kitchen plumbing
fixtures and the grease interceptor and/or between the grease interceptor and the private
collection lines or the public sewer; and
(C) No alternative pretreatment can be installed. Sizing and installation of
grease traps shall conform to the current edition of the California Plumbing Code. Grease
traps shall be maintained in efficient operating conditions by periodic removal of their full
content, including sewage, FOG, floating materials, sludge, and solids. The maintenance
frequency for all FSEs with grease traps is specified in FOG Control Program Rules and
Regulations.
(e) Revocation of waiver. The program manager may revoke a waiver upon a
determination of one or more of the following:
(1) Quantity of FOG discharge, as measured or as indicated by the size of
FSEs based on seating capacity, number of meals served, menu, water usage, amount
of on-site consumption of prepared food, and other conditions, has changed since the
granting of the waiver such that the FSE is contributing to FOG discharges.
(2) Adequacy of implementation and compliance with BMPs.
(3) Change in sewer size, grade, and condition based on visual information.
Ordinance No. NS -XXX
Page 45 of 56
11 A-47
(4) Changes in operations that significantly affect FOG discharge.
(5) Failure to comply with any of the conditions set forth in the waiver.
(6) Any other condition deemed reasonably related to the generation of FOG
discharges by the FOG control program manager.
Sec. 39-56.5. - Same—Grease interceptor requirements
(a) All interceptors shall be of an approved type and adequately sized in
conformance with the current edition of the California Plumbing Code and shall be
installed, operated, and maintained as necessary to maintain compliance with the
objectives of this section.
(b) Fixtures, equipment, and drain lines located in the food preparation and
cleanup areas of FSEs that are sources of FOG discharges shall be connected to the
grease interceptor.
(c) Grease interceptors shall be constructed in accordance with the design
approved by the FOG control program manager and in accordance with the current
edition of the California Plumbing Code design requirements and shall have a minimum
of two (2) compartments with fittings designed for grease retention.
(d) The grease interceptor shall be installed at a location where it shall be at all
times easily accessible for inspection, cleaning, and removal of accumulated grease.
(e) Access manholes, with a minimum diameterof twenty-four (24) inches, shall
be provided over each grease interceptor chamber and sanitary tee. The access
manholes shall extend at least to finished grade and be designed and maintained to
prevent water inflow or infiltration. The manholes shall also have readily removable covers
to facilitate inspection, grease removal, and wastewater sampling activities.
Sec. 39-56.6. - Same—Grease interceptor maintenance requirements.
(a) Grease interceptors shall be maintained in efficient operating condition by
periodic removal of the full content of the interceptor. The maintenance frequency for all
FSEs with a grease interceptor is specified in the rules and regulations.
(b) No FOG that has accumulated in a grease interceptor shall be allowed to
pass into any sewer lateral, sewer system, storm drain, or public right-of-way during
maintenance activities.
(c) FSEs with grease interceptors are required to maintain data and information
necessary to establish the maintenance grease interceptors. This documentation shall be
provided to the program manager as requested.
Ordinance No. NS -XXX
Page 48 of 58
11 A-48
Sec. 39-56.7. – Same—Multiple FSEs on same property.
Property owners with more than one FSE located on the same property shall be
responsible for the installation and maintenance of a grease interceptor($) and shall be
responsible for compliance of the interceptor(s) with FOG program requirements.
Sec. 39-56.8. - Same—Monitoring for compliance.
In an effort to minimize the discharge of FOG to the sewer system, the FOG control
program manager may require the FSE to monitor and/or sample wastewater for
compliance with the rules and regulations.
Sec. 39-56.9. - Same—Record keeping requirements.
All FSEs shall be required to keep records in accordance with the rules and
regulations established by the city under its FOG control program for no less than two (2)
years. Required records include, but are not limited to, grease interceptor/trap
maintenance and cleaning logs, employee -training logs, waste hauling manifest,
interceptor sampling data, and facility plumbing and mechanical plans. The FSE shall,
upon reasonable request, make the records available to the program manager or his
designee.
Sec. 39-56.10. - Same—Inspection and sampling conditions.
(a) The FOG control program manager or his designee may inspect or order
the inspection of and sample the wastewater discharges of any FSE to ascertain whether
the FSE is complying with all requirements of this section. The FSE shall allow the city
access to the FSE premises, during normal business hours, for purposes of inspecting
the FSE's grease control devices or interceptor, or reviewing the manifests, receipts, and
invoices relating to the cleaning, maintenance, and inspection of the grease control
devices or interceptor. Where a FSE has security measures in force, the FSE shall make
necessary arrangements so that representatives of the city shall be permitted to enter
without delay for the purpose of performing their specific responsibilities/inspections.
(b) The FOG control program manager or his designee shall have the right to
place or order the placement on the FSE's property such devices as are necessary to
conduct sampling or metering operations. The FSE shall, without restriction, make
available for inspection and copying by the program manager or his designee all notices,
monitoring reports, waste manifests, and records including, but not limited to, those
related to wastewater generation, and wastewater disposal. All such records shall be
kept by the FSE for a minimum of two (2) years.
Sec. 39-56.11. - Same—Right of entry.
Persons or occupants of premises where wastewater is created or discharged shall
allow the FOG control program manager or his designee reasonable access to all parts
Ordinance No. NS -XXX
Page 47 of 56
11 A-49
of the wastewater generating and disposal facilities for the purposes of inspection and
sampling during all times the dischargers facility is open, operating, or any other
reasonable time. No person shall interfere with, delay, resist, or refuse entrance to city
representatives attempting to inspect any facility involved directly or indirectly with a
discharge of wastewater to the city's sewer system. If entry is refused, the FOG control
manager or his designee shall have recourse to the remedies provided by law to secure
entry.
Sec. 39-56.12. - Same—Emergency notification requirements.
(a) In the event a FSE is unable to comply with any section condition due to a
breakdown of equipment, accidents, or human error, or the FSE has reasonable
opportunity to know that its discharge will exceed the discharge provisions of the this
section, the discharger shall immediately notify the program control manager. If the
material discharged to the sewer has the potential to cause or result in sewer blockages
or SSOs, the discharger shall immediately notify the local health department and the city.
(b) Confirmation of this notification shall be made in writing to the FOG control
program manager no later than five (5) working days from the date of the incident. The
written notification shall state the date of the incident, the reasons for the discharge or
spill, what steps were taken to immediately correct the problem, and what steps are being
taken to prevent the problem from recurring.
(c) Such notification shall not relieve the FSE of any expense, loss, damage,
or other liability which may be incurred as a result of damage or loss to the city or any
other damage or loss to person or property; nor shall such notification relieve the FSE of
any charges, fees or other liability which may be imposed by this section or other
applicable law.
Sec. 39-56.13. - Same ----Emergency suspension order.
The city may, by order of the director of public works, suspend sewer service when
the director of public works determines that such suspension is necessary in order to stop
an actual or impending discharge which presents or may present an imminent or
substantial endangerment to the health and welfare of persons, or to the environment; or
may cause SSOs, sewer blockages, or interference to the city's sewer facilities; or may
cause the city to violate any state or federal law or regulation. Any discharger notified of
and subject to an emergency suspension order shall immediately cease and design the
discharge of all wastewater containing FOG to the sewer system.
Sec. 39-56.14. - Same—Nuisance.
Any condition that the FOG control manager determines may result in the
discharge of waste, which causes or contributes to any sewer blockage, SSOs,
obstruction, interference, damage, or any other impairment to the city's sewer facilities or
to the operation of those facilities, shall constitute a threat to the public health, safety, and
Ordinance No. NS -XXX
Page 48 of 56
11 A-50
welfare, and is declared and deemed a public nuisance and may be summarily abated as
such.
Sec. 39-56.15. - Same—Violation of other laws.
Any person acting in violation of this section also may be acting in violation of the
Federal Clean Water Act or the California Porter -Cologne Water Quality Control Act and
other laws and also may be subject to sanctions including civil liability. Accordingly, the
enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act
Section 505(a), seeking penalties, damages, and orders compelling compliance, and
other appropriate relief. The enforcing attorney may notify the Environmental Protection
Agency, the California Regional Water Quality Control Board, or any other appropriate
state or local agency, of any alleged violation of this section.
Sec. 39-56.16. - Same—Other civil remedies.
(a) The enforcing attorney may file an action for civil damages in a court of
competent jurisdiction seeking recovery of:
(1) All costs incurred in enforcement of the section, including but not limited to
costs relating to investigation, sampling, monitoring, inspection, administrative expenses,
all other expenses as authorized by law, and consequential damages;
(2) All costs incurred in mitigating harm to the environment or reducing the
threat to human health; and
(3) Damages for irreparable harm to the environment.
(b) The remedies available to the city pursuant to the provisions of this article
shall not limit the city's right to seek any other remedy that may be available by law.
Sec. 39-57. - Infiltration and inflow into sewer system.
All city -owned sewer lines and private on-site sewer lines and laterals should be
constructed and maintained to prevent water infiltration into the sewer system. Private
on-site sewer lines and public sewer lines shall be used only to convey raw sewage.
Rainfall runoff sources (including but not limited to roof drains, site drains, inlets,
uncovered wash area drains, etc.) are prohibited from connecting to any public or private
sanitary sewer pipeline.
Sec. 39-58. - Introduction of pollutants prohibited.
No person shall introduce or cause to be introduced any of the following into the
city's sewer system:
Ordinance No. NS -XXX
Page 49 of 56
11 A-51
(a) Pollutants that create a fire or explosion hazard in the sewer collection
system orthe publicly owned treatment works (POTW), including but not limited to waste
streams with a closed cup flashpoint of less than 140° Fahrenheit or 60° Centigrade using
the test methods specified in 40 CFR (Code of Federal Regulations) section 261.21.
(b) Pollutants that will cause corrosive structural damage to the sewer
collection pipes and structures, but in no case discharges with pH lower than 5.0, unless
the sewer system is specifically designed to accommodate such discharges.
(c) Solid or viscous substances in amounts which will cause obstruction to the
flow in the sewer collection system or the POTW, resulting in interference.
(d) Any pollutant, including oxygen demanding pollutants, exerting biological
oxygen demand, released in a discharge at a flow rate and/or pollutant concentration
which will cause interference with the POTW.
(e) Heat in amounts, which will inhibit biological activity in the POTW resulting
in interference, but in no case heat in such quantities that the temperature at the POTW
treatment plant exceeds 40° Centigrade (104° Fahrenheit) unless the approval authority,
upon request of the POTW, approves alternate temperature limits.
(f) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil in
amounts that will cause interference or pass through.
(g) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the sewer collection system or the POTW in a quantity that may cause acute worker
health and safety problems.
(h) Any trucked or hauled pollutants.
(i) Large volume discharges in a short period of time (slug flows) that adversely
affect the operational capacity of the sewer.
Sec. 39-59. - Private sewer overflows prohibited.
(a) No person shall cause or create a condition which causes a private sanitary
sewer overflow. When a private sanitary overflow is found to occur, it shall be the
responsibility of the private property owner to:
(1) Immediately prevent the continued discharge of wastewater onto the public
right-of-way;
(2) Capture and collect any overflowed or spilled wastewater and return it to
the appropriate sewer facilities;
Ordinance No, NS -XXX
Page 50 of 56
11 A-52
(3) Clean and sanitize all affected areas, both within private property and public
right-of-way, to the satisfaction of the director of public works; and
(4) Comply with all other federal, state, and local health department
requirements.
(b) Any private property ownerwho causes or creates a condition which causes
a private sanitary sewer overflow and or fails to satisfy the above mitigation
responsibilities will be subject to administrative citations under Santa Ana Municipal Code
section 1-21. If city personnel are dispatched to perform any of the actions outlined in
this section, for any reason, the city reserves the right to charge the private property owner
for staff time, equipment, and material spent. Such charges may be billed directly to the
private property owner or his/her designee or added to the owner's sewerage service
utility account if one exists.
(c) The remedies available to the city pursuant to the provisions of this article
shall not limit the city's right to seek any other remedy that may be available by law.
SECTION 8. Article V of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 9. Article V of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows:
ARTICLE V. - RESERVED
Secs. 39-80-39-83.5. - Reserved.
SECTION 10. Section 1-18.2 of the Santa Ana Municipal Code is hereby amended
such that it reads in its entirety as follows (new language underlined, deleted language in
strikeout for tracking purposes only:
Sec. 1-18.2. - Public works agency authority to issue citations.
The executive director of public works agency or his designee has the duty to
enforce the provisions of sections 10-26, 10-27, 10-71 and 10-100, 16-1 through 16-4,
16-30, 16-31, 16-33 through 16-37.5, 16-39, 16-48, 18-17, 36-148, 33-30, 33-60, 33-62,
33-152, 33-157, 33-162, 33-188, 33-189 through 33-192, 36-45, 36-46, 39-26 39-24, 39-
33 and 39-106 through 39-111, chapter 17 and provisions of article IV of chapter 18 of
this Code. The executive director of the public works agency or his designee is authorized
to arrest persons without a warrant whenever they have reasonable cause to believe that
the person to be arrested has committed a violation of said provisions in their presence.
In any case in which a person is arrested pursuant to this section and the person arrested
does not demand to be taken before a magistrate, said officer or employee making the
arrest shall prepare a written notice to appear and release the person on his or her
Ordinance No. NS -XXX
Page 51 of 56
11 A-53
promise to appear as prescribed by Chapter 5C, Title 111, of part 2 of the Penal Code of
the State of California (commencing with Section 853.6).
SECTION 11. Section 16-38 of the Santa Ana Municipal Code is hereby amended
such that it reads in its entirety as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 16-38. - Service charges.
(a) Owners and/or occupants of any improved parcel of real property in the city,
as shown on the latest county assessment roll, except any parcel receiving bin or roll -off
service exclusively, shall pay to the city a solid waste collection service charge refuse
service charge) in such amounts, at such times, and in such manner as shall be
established by resolution of the city council. Such refuse service charge is imposed to
provide for the continuing availability of curbside service, and shall be due and payable
in accordance with the terms of said resolution regardless of actual use thereof or of any
interruptions or delays in such service, except to the extent reductions or refunds may be
specifically authorized or directed by the executive director of public works or his/her
designee.
(b) For purposes of administrative convenience the city council may establish
billing units for payment of the said service charge consisting of one (1) or more
occupancies within one (1) or more parcels. The said total refuse service charge
reflecting the number of billable units shall be billed as provided in Section 39-20 of this
Code as part of the city's regular consolidated municipal utility services account/billing,
statement, but shall be listed as a separate line item on the municipal utility services
accountibitling statement.
(c) A penalty of ten (10) percent shall be assessed on all unpaid refuse service
charge bills thirty (30) days after the billing date. No penalty, however, will accrue until
thirty (30) days after the date that the bill has been presented in accordance with section
39-20 of this Code.
111UHMM-17111UHL LIIVIUIUIU•- •-• . . .
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(e) In the event the occupant(s) of any property or premises, having registered,
a municipal utility services account and transferred municipal utility services into their own
name as tenant(s), thereafter quit or otherwise vacate the premises, then responsibility
for future municipal utility services charges, including refuse charges, shall revert to the
Ordinance No. NS -XXX
Page 52 of 56
11 A-54
municipal utility services account of the property owner in accordance with section 39-16
of this Code.
(f) In addition to all other civil remedies for collection of such indebtedness, in
the event that the owner and occupant of the premises or property receiving refuse
service are the same, then said civil debt against such customeror person shall be subject
to special assessment and lien against said property in the manner provided in Sections
38790.1 and 25831 of the Government Code of the State of California. Establishment of
a lien against the property shall remove said refuse charge(s) from the City's regular
consolidated municipal utility services account/billing statement and toll the accrual of
additional penalties therefore under this section and section 39-20 of this Code.
(g) The city shall not disconnect water utility service for failure to pay the refuse
by article II of Chapter 39.
(d4(h) Charges for bin service, roll -off container service or for collection services
more frequent or more extensive than that provided in this article for curbside service
shall be paid directly to the city's solid waste collection contractor in accordance with such
regulations as shall be established by contract or resolution of the city council.
SECTION 12. Section 18-602 of the Santa Ana Municipal Code is hereby amended
such that it reads in its entirety as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 18-602. - Persons obligated.
La) The municipal utility services, customer of record OF GGGuparts# for each
property, place or premises located in the City of Santa Ana, or person responsible to be
registered for municipal utility services, including sanitation service charges, shall be
liable for payment of all charges as set forth in this article, except to the extent reductions
or refunds may be specifically authorized or directed by the executive director of public
works or the executive director of finance, or their designees. The said sanitation service
charges shall be billed as provided in section 39-20 of this Code as part of the City's
regular consolidated municipal utility services account/billing statement but shall be listed
as a separate line item on the municipal utilitv services account/billina statement. Sho ald
(b) In the event the occupant(s) of any property, place or premises having
registered a municipal utility services account and transferred municipal utility services
into their own name as tenant(s), thereafter quit or otherwise vacate the premises then
responsibility for future municipal utility services charges, including sanitation service
Ordinance No. NS -XXX
Page 53 of 56
11 A-55
SECTION 13. Section 18-603 of the Santa Ana Municipal Code is hereby amended
such that it reads in its entirety as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 18-603. - Payment of bills and penalties.
(a) Date payment due. Bills for the sanitation charges made pursuant to this
article and penalties, if any, are due and payable at the department of finance iR the Got
hall on the date ef billiRg and baeorne deloRq6leRt fifteen (15) days afte-1c the cl�ate of s, -
b+ll+ng at the same time and in the same manner as all other parts of the regular
consolidated municipal utility services account/billing statement.
(b) Penalties. A penalty of ten (10) percent shall be assessed on all unpaid
sanitation charges bills and/or prior sanitation charge related penalties thirty (30) days
after the billing date. No penalty, however, will accrue until thirty (30) days after the date
that the bill has been deposited with the I -Wiled States Postal Sewiee, pFOperly addressed
with prepaid pestag^ affixed 'w^~^'^ presented in accordance with section 39-20 of this
Code.
(c) Civil debt. Sanitation service charges and any corresponding penalties
accrued for failure to make timely payment therefore shall be a civil debt owing to the city.
SECTION 14. The charges and fees authorized by Section 39-19 of this Code
shall be set forth in a fee schedule established by concurrent resolution. Such charges
and fees shall be incorporated into, and where appropriate, supersede the City's Uniform
Schedule of Miscellaneous Fees for Fiscal Year 2017-18.
SECTION 15. 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, sentence, clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 16. Neither the adoption of this ordinance nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of 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
Ordinance No, NS -XXX
Page 54 of 66
11 A-56
pursuant to any ordinance and all rights and obligations thereunder appertaining shall
continue in full force and effect.
SECTION 17. This ordinance shall become effective thirty (30) days after its
adoption.
SECTION 18. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this day of 2017.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: 1B,4,4
J n M. Funk
Assistant City Attorney
AYES:
NOES
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Miguel A. Pulido
Mayor
11 A-57
Ordinance No. NS -XXX
Page 55 of 56
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 A-58
Ordinance No, NS -XXX
Page 56 of 56
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
ORDINANCE SECOND READING: REPEAL
EXISTING PROVISIONS THAT ARE IN NOW
COMPLIANCE WITH STATE CODE
REGARDING MOBILE FOOD VENDING
VEHICLES (STRATEGIC PLANO 1144. 5, 1)
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 18' Reading
❑ Ordinance on 2n' Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On July 5, 2017, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 5-1 (Pulido abstained and Martinez dissented):
ORDINANCE NO. NS -2922 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. OF CHAPTER 36 "VENDING
VEHICLES' (SANTA ANA MUNICIPAL CODE SECTIONS 36-50 THROUGH 36-63) AND
REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD VENDING VEHICLES' (SANTA
ANA MUNICIPAL CODE SECTIONS 36-700 THROUGH 36-720)
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
A4%A .
Maria D. Huizar,
Clerk of the Council
EXHIBIT: Ordinance No. NS -2922
11B-1
11 B-2
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1.
OF CHAPTER 36 "VENDING VEHICLES" (SANTA ANA
MUNICIPAL CODE SECTIONS 36-50 THROUGH 36-63)
AND REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD
VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE
SECTIONS 36-700 THROUGH 36-720)
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City Council of the City of Santa Ana previously adopted Article XIV in
Chapter 36 "Food Vending Vehicles" in December 1994 (Santa Ana
Municipal Code sections 36-700 through 36-720).
B. The City Council later adopted Division 3 of Article 1 in Chapter 36
"Vending Vehicles" in 2004 and 2005 (Ordinances NS -2655 and NS -2701)
codified as Santa Ana Municipal Code sections 36-50 through 36-63.
C. The later ordinances were challenged in an action filed in Orange County
Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450).
The Court ruled for the plaintiffs, finding that California Vehicle Code
section 22455 preempted the City ordinances because the City
regulations were not limited to protecting public safety.
D. Following the Vasquez case, the City has not sought to enact or enforce
further regulation of food vending vehicles, even though Vehicle Code
section 22455 allows a local authority to adopt additional requirements for
mobile vending which restricts the time, place and manner of vending in
order to protect the public safety.
E. In an effort to update the Santa Ana Municipal Code (SAMC), the City
Council hereby repeals Article XIV in Chapter 36 "Food Vending Vehicles"
(SAMC section 36-700 through 36-720) as well as Division 3 of Article 1 in
Chapter 36 "Vending Vehicles" (SAMC section 36-50 through 36-63).
Section 2. In accordance with the California Environmental Quality Act, the
recommended action is categorically exempt from further review per section
15061(b)(3), in that it can be seen with certainty that the project will have no possible
Ordinance No. NS-XXXX
Page 1
11 B-3
significant impact on the environment. As a result, a Notice of Exemption will be filed
upon the adoption of this ordinance.
Section 3. Article XIV in Chapter 36 "Food Vending Vehicles" (Santa Ana
Municipal Code Sections 36-700 through 36-720) is hereby repealed in its entirety.
Section 4. Division 3 of Article 1 in Chapter 36 "Vending Vehicles" (Santa Ana
Municipal Code Sections 36-50 through 36-63) is hereby repealed in its entirety.
ADOPTED this day of 2017.
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
L r l rsrz-- .z-�_ .•.
Lisa Storck
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on 2017, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 B-4
Ordinance No. NS-XXXX
Page 2
CITY OF SANTA ANA
ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY
COUNCIL COMMITTEE MEETING
CANCELLATION NOTICE
The regularly scheduled
City Council Committee meeting
scheduled for
Monday, July 10, 2017
at 5:00 p.m.
has been cancelled.
If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at
(714) 647-5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for
accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.1021
Miguel A. Polido Michele Martinez Vicente Sarmiento Jose Solaro P. David Benavldes Juan Villagas Sal Tinajero
Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6
moulidoralsanta-ana.om ulmadnez�santa-anaorn vsarmienta canta-ana:ora 'solorioaaanta-anuoro d1benayM9se)santa-ana.ora 'villeaas(oTsanWana one stinaiero5santa-ana.ora
City Hall, 20 Civic Center Plaza a P.O. Box 1988 a Santa Ana, California 92702
Mayor & Council Telephone: 714-647-6900 e Agenda Item Inquiries: 714.647.6520 + Website: www.santa-ana.org
13A-1
CITY OF SANTA ANA
r a
COUNCIL COMMITTEE MEETING
AGENDA
PUBLIC SAFETY, CODE ENFORCEMENT AND NEIGHBORHOOD EMPOWERMENT
July 11, 2017
5:30 P.M.
CALL TO ORDER City Hall Ross Annex, Conference Room 1600
20 Civic Center Plaza, Santa Ana, California
Committee Members: Councilmembers Solorio, Villegas, Tinajero
Staff: Police Chief, OCFA Division Chief, Assistant City Attorney
Recording Secretary: Elizabeth Plotnik
PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items
or matters within the jurisdiction of the Committee.
AGENDA ITEMS
Approval of Minutes from the May 9, 2017 Meeting
2. Update on Options Regarding Medical and Adult Use of Cannabis - Candida Neal and
Alvaro Nunez, Planning & Building {Strategic Plan Goal No.1, 1c}
3. Update on Police Officer Hiring — Deputy Chief Schnabl and Manager Carroll {Strategic
Plan Goal No. 1, 1 i} (Continuous Information Item)
4. Update and Discussion of Homeless Crisis — Commander Ibarra {Strategic Plan Goal
No. 5, 3d}
If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at
(714) 647-5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for
accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102]
Miguel A. Pulido,
Michele Martinez,
Vicente Sarmiento,
Jose Saturn,
P. David Benavides,
Juan Villegas,
Sal Tinajero,
Mayor
Mayor Pro Tem,
Ward
Ward
Ward
Wards
Ward
MPu'aonsa asn.
Ward
vsannien onvame.on.
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Samaraaae„�a-ana em
MMa�inez(alsenta-ana.om
City Hall, 20 Civic Center Plaza •Px 1}@8
• Santa Ana, California
92702
Mayor & Council Telephone: 714-647-6900 • Age
a r� ies: 714-647-6520 •
Website: www.santa-ana.orn
COMMITTEE MEMBER COMMENTS
FUTURE AGENDA ITEMS
ADJOURNMENT — The next Public Safety and Neighborhood Improvement meeting is scheduled
for Tuesday, September 12, 2017, at 5:30 PM at the City Hall Ross Annex, Room 1600, 20 Civic
Center Plaza, Santa Ana, CA.
The complete Strategic Plan document is available at ham://www.santa-ana.orq/strategic-planning/.
If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at
(714) 647-5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for
l� accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102]
Santa Ana City Council
Miguel A. Puked, Michele Martinez, Vicente Sarmlento, Jose Solaria, P. David Benavides, Juan Villages, Sal Tideland,
Mayor Mayor Pro Tem, Ward 1 Ward 3 Ward 4 Ward 5 Ward 6
MPu1dco,sanla-an9.om Ward vsa.iaamrmaan..ana.o,a JS trIzIow -, - BOB, -m srnaa orasa,ne.arem
MMamnazraeama-aaa.oa
City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702
Mayor & Council Telephone: 714.647.6900 • Agrlyddlt r3Iries: 714.647.6620 • Website: www.santa-ana.oru
CITY OF SANTA ANA
CITY COUNCIL COMMITTEE ON
PUBLIC SAFETY, CODE ENFORCEMENT & NEIGHBORHOOD EMPOWERMENT
CALL TO ORDER:
ATTENDANCE
MEMBERS ABSENT:
STAFF PRESENT:
PUBLIC SPEAKERS
PUBLIC COMMENTS
MINUTES
May 9, 2017
Ross Annex, Room 1600
City Hall, 20 Civic Center Drive
Santa Ana, California
5:30 PM
Council Committee members:
Jose Solorio (via Teleconference)
Juan Villegas
Sal Tinajero
None
Jorge Garcia, CMO
James Schnabl, PD
Jack Ciulla, IT
Tamara Bogosian, CAO
Candida Neal, PBA
Alvaro Nunez, PBA
David Valentin, PD
Ruben Ibarra, PD
Ken Gominsky, PD
Robert Carroll, PD
Fidencio Zepeda, PD
Pedro Guillen, PWA
Yessenia Aspeitia, PD
Eileen F. Greene, Recording Secretary
Chris Schmidt, resident, Windsor Village NA
Ben Eilenberg, attorney, Riverside County
Peter Katz, President, Com -Link
James Wallace, resident
Jose Diaz, resident, Artesia Pilar NA
Felipe Guerrero, resident, Santa Anita NA
Chris Schmidt, resident Windsor Village NA, comments on staffing levels in the city, He
believes revenue from parking permits should go towards traffic engineering and other monies
13A-4
should be spent on hiring part rangers to patrol the parks to protect against vandalism and
graffiti.
Ben Eilenberg, attorney from Orange County, represents legal dispensaries. None of his clients
are in Santa Ana but he has been instructed to make himself available to those permitted
dispensaries in Santa Ana who are having trouble with illegal ones operating.
Peter Katz, President of Com -Link, suggests a proposal to assist the police oil 4th of July if the
City wants to keep safe and sane fireworks. Mr. Katz proposes to have the 85 non -profits, the
two fireworks companies, a large bank and/or some sponsor such as one of the auto dealerships,
and some patrons donate and/or raise funds to hire off-duty Sheriff's deputies.
James Wallace, concerned citizen, regarding the infrastructure in the city. Requesting concrete
be poured between Jackson St. and Harbor Blvd. This area is a hazard to both pedestrians and
bicyclists due to soil erosion.
Jose Diaz, Artesia Pilar NA, would like to see more alternatives to parking problems.
Felipe Guerrero, Santa Anita NA, problem with permit parking and enforcement. He said it
takes 3-4 hours for police to respond so people are not concerned because they know it takes that
long. Suggests hiring more parking enforcement officers.
Chairman Solorio reads a comment sent by Connie Hamilton, resident, South Coast Metro NA
who would like an update to her and this Committee on what is being done at the California
Lodge Suites, 2909 S. Bristol where drugs, prostitution, gangs and violent criminal activity is
occurring and getting worse.
AGENDAITEMS
1. Approval of Minutes of the 11-22-16 Meeting
2. Approval of Minutes of the 03-14-17 Meeting
3. Revised By -Laws to reflect Committee Name and Location of Meeting
Chairman Solorio makes a motion to approve the above three items.
MOTION: Solorio
VOTE: AYES:
NOES:
Motion carries.
SECOND: Villegas
Villegas, Solorio, Tinajero
None (0)
13A-5
4. Update and Recommended Changes to Measure BB — Candida Neal, Planning Manager
and Alvaro Nunez, Code Enforcement Manager, Planning & Building {Strategic Plan
Goal No. 1, 1c}
Planning Manager Candida Neal addressed the Council Committee regarding comments made at
the last City Council meeting on May 2nd on how to proceed with Measure BB. Issues were
brought up regarding permitted dispensaries: hours, delivery, signage, testing/R&D, and cash
limits. The Planning Department believes the permitted dispensaries should be treated similar to
other uses as long as there wouldn't be any secondary impacts around surrounding
neighborhoods. These uses are located in industrial areas. In regards to administrative items,
Manager Neal suggests an amendment to the Ordinance to include a revocation process. She
also suggested modifying the Ordinance to allow the sale of the permit to a single owner since
there is nothing in the Ordinance prohibiting someone from buying out the shares of other
owners. Manager Neal asks the Committee to consider whether they want to increase or
decrease the number of medical marijuana collectives allowed. In addition, if the City wants to
expand uses in light of the statute passed in November allowing recreational use.
ACTION:
Chairman Solorio directs Staff to bring Ordinance amendment discussion to the City Council
meeting in June. Bring a list of questions/policy issues to the Public Safety Meeting in July.
Chairman Solorio asks for a special Public Safety meeting in mid-to-late June to discuss
manufacturing/cultivation/ distribution.
ACTION:
Chairman Solorio asks the City Manager's Office to consider putting a second City Attorney
position in the budget on the enforcement side and to reach out to Code Enforcement to see if
they need additional personnel.
City Attorney Tamara Bogosian asks Chairman Solorio if he is making a motion for the work-
study session in June. She informs that her office has started preliminary drafts of revising the
Measure BB Ordinance which is articulated in Section IS of the SAMC.
Chairman Solorio makes a motion to have a study session for Public Safety Committee to
be scheduled for mid-to-late June.
MOTION: Solorio
VOTE: AYES:
NOES:
Motion carries.
SECOND: Villegas
Villegas, Solorio, Tinajero
None (0)
13A-6
Code Enforcement Manager Alvaro Nunez provides an update on enforcement related to this
item including the closure process on illegal dispensaries, shows the Committee a sample of a
Property Notice put on the building for illegal dispensaries and details the recent enforcement
done in 2017. Going forward, asking for an increase in the budget for the City Attorney's Office
to file receivership, collections and/or any additional civil actions. He also requests additional
SAPD/Code Enforcement personnel.
5. Homelessness Crisis (Discuss possible recommendations regarding public safety and
public health issues) — Deputy Chief Valentin and Commander Ibarra {Strategic Plan
Goal No. 5, 3d}
ACTION:
Chairman Solorio directs the City Attorney's Office to draft an ordinance or policy making it
unlawful for other public agencies to drop off a homeless individual in Santa Ana unless City
personnel have been notified that a non-profit is expecting a drop off. Have an analysis of this
for the homeless crisis matrix.
(Item Na. 10 is taken out of order)
10. Strategies to Prevent Use of Illegal Fireworks — Cmdr. Ken Gominsky {Strategic Plan
Goal No. 1, 2d}
ACTION:
Chairman Solorio wants Staff to consider two things:
1) Peter Katz, Com -Link, suggested reaching out to the fireworks companies, TNT, to see if
they have a resource of any type to see if they can help us with education or enforcement;
2) After doing some research, we found that other cities, such as San Jose, have
con mminication programs. Asks Staff to consider having an e-mail where residents can
provide the City addresses of homes or businesses that use illegal fireworks ahead of time
so that the Police or City Manager's Office can send letters to those addresses letting
them know of fines and enforcement. This would also provide a target list of where the
officers may want to go.
(Item No. 9 is taken out of order.)
9. Santa Ana Police Department Website (Discuss what information should be included,
i.e., crime statistics, etc.) — Acting Chief Schnabl and Chief TIO Jack Ciulla {Strategic Plan
Goal No. 1, 2b}
13A-7
ACTION:
Chairman Solorio directs staff to put more information on the PD website. The PD does have a
Facebook page where they can put up information. Add a widget to PD website, so this
information can be captured as well.
Chairman Solorio exits the meeting — 6:35PM.
Meeting resumes with Item No. 10.
Commander Gominsky spoke on fireworks, addressing the education campaign and enforcement
program for 2017. Due to lessons learned in prior years, he discusses community outreach
activities this year to include partnering with OCFA to make a PSA, flyers and an e-mail blast
with SAUSD, television media coverage, print media, and social media postings. He discussed
enforcement operations and gave an overview of illegal fireworks confiscated in the past.
6. Police Officer Hiring and Presentation of New Marketing Proposals (Update) — Acting
Chief Schnabl and Manager Carroll {Strategic Plan Goal No. 1, li}
Police Admin. Manager Robert Carroll informed the Committee on the Department's police
officer recruitment efforts. Mgr. Carroll goes over the number of all sworn staffing as well as
current officers in the academy and those already in the training program. City Council
approved an agreement with Sensis Marketing which is involved in all print and digital
advertising.
7. Patrol Staffing Schedules and Their Impacts on Patrol Officer Coverage and Staffing
Costs (Discuss 3/12, 4/10, 5/8 and hybrid models) — Deputy Chief Valentin and Cmdr.
Ken Gominsky (Strategic Plan Goal No. 1, If)
Cmdr. Ken Gominsky described the pros and cons of the patrol schedules for the officers in the
city of Santa Ana. Several variables were looked at that influence the need for sworn staff. The
Department has a finite amount of resources and the deployment must be based on those
resources. Cmdr. Gominsky gives an overview of the following options: 8 -hour shift, 10 -hour
shift, 3/12-4/12 shift and the 3/12 and a half hour schedule, particularly as they relate to Santa
Ana PD. The 3/12-4/12 schedule enhances competitiveness and retention in the hiring process.
8. Graffiti Removal Program (Update and Discussion) — Pedro Guillen, Maintenance
Services Manager, Public Works Agency and Sgt. Fidencio Zepeda {Strategic Plan Goal
No. 1, lf}
13A-8
Maintenance Services Manager Pedro Guillen summarized the City's graffiti removal program
with a power point presentation. The Public Works Agency outsourced the graffiti removal
program in 2011, and. Manager Guillen gives a brief overview regarding the current vendor and
services offered. There is a graffiti hotline as well as a Smartphone APP available; both add to
increased efforts to remove graffiti rapidly. Manager Guillen provides statistics and marketing
efforts. Mgr. Guillen explained that they also partner with the Santa Ana Unified School
District. Graffiti evidence is stored in a software program that the Police Department utilizes
when making arrests.
COMMITTEE MEMBER COMMENTS
Committee member Tinajero suggests that TNT Fireworks pay a fee to do business in the city of
Santa Ana and to bring this up to full City Council. He said the cost is significant for calls for
service regarding the fireworks issue. If a business is forcing the City to encroach on tax dollars,
there's a responsibility there to the person providing the items to be sold. Suggested doing a
study on how much overtime is paid during the 4`h of July weekend. Co -Chair Villegas liked the
idea of a second phone number to call in illegal fireworks.
Co -Chair Villegas and Committee member Tinajero agreed that key elements in the recruitment
of police officers are competitive pay, a good benefits package, and retaining officers.
The Committee members were engaged in the discussions, expressed interest in the
presentations, and asked for some items to be brought back for further dialogue. They thanked
Staff for their power points.
FUTURE ITEMS
Update and discuss parking permit program and enforcement.
ADJOURNMENT — 7:25 P.M.
DAVID VALENTIN
Acting Chief of Police
efg
13A-9
0
SPECIALMEETING OF THE
LEGISLATIVE AFFAIRS, ETHICS AND TRANSPARENCY COMMITTEE
CITY OF SANTA ANA
Wednesday, July 19, 2017
1:30 P.M.
AGENDA
CALL TO ORDER City Hall Ross Annex, Conference Room 1600
20 Civic Center Plaza, Santa Ana, California
Committee Members: Vicente Sarmiento, Jose Solorio and Sal Tinajero
Recording Secretary: Yasmin Vazquez
PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or
matters within the jurisdiction of the Committee.
AGENDA ITEMS
1. Election of Committee Chair
RECOMMENDED ACTION: Elect Chair for Council Committee.
2. Approval of Minutes of the April 5, 2017 Legislative Affairs, Ethics and Transparency Council
Committee Meeting
RECOMMENDED ACTION: Approve minutes.
3. Approval of Minutes of the May 19, 2016 Conduct and Ethics Council Committee Meeting
RECOMMENDED ACTION: Approve minutes.
4. Review and Approval of Proposed Meeting Schedule for this Committee
RECOMMENDED ACTION: Approve meeting schedule.
If you need special assistance to participate in this .meeting, please contact Michael Ortiz, City ADA Program
Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City enough time to make
reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102]
Miguel A. Pulldo, Michele Martinez, Vicente Sarmiento, Jose Solana, P. David Berl Juan Vlllegas, Sal Tinajero,
Mayor Mayor Pro Tem, Ward Ward Ward Ward Ward
MPmmoraaa W as Ward 2 ,mlemnrasan,a-ana.o,n somnwasan a am Deenzyi zs&nnta-ana.om virenaswsama-ana.n,n s1021maonm.an
MlMeninezitlaanlaana o
City Hall, 20 Civic Center Plaza . P.O. Box 1988 . Santa Ana, California 92702
Mayor & Council Telephone: 714-647-6900 • Agenda Item Inquiries: 714.647.5200 . Website: www.santa-ana.ora
13A-10
5. Review and Approval of Committee By -Laws
RECOMMENDED ACTION: Adopt By -Laws
6. Federal Legislative Update from Holland & Knight {Strategic Plan No. 1 through 7} —
Leslie Pollner and Dan Maldonado
7. State Legislative Update from Townsend Public Affairs {Strategic Plan No. 1 through 71 —
Christopher Townsend
8. League of California Cities Briefing {Strategic Plan No. 1 through 71 — Tony Cardenas
9. Review and Discuss Senate Bill 35 (Wiener) Affordable Housing: Streamlined Approval
Process — Jorge Garcia
RECOMMENDED ACTION: Oppose Senate Bill 35 as Amended July 14, 2017
10. Review Options for Consideration Council Conduct Policy {Strategic Plan No. 5,11 —
Maria Huizar, Clerk of the Council
• Option 1 — Utilize the existing Code of Ethics and Conduct Resolution.
• Option 2 — Model policy after the City of Los Angeles censure procedures (simpler
process). See attached.
• Option 3 — Model policy after the City of San Jose censure procedures (detailed
process which includes detailed guiding principles, definitions, and process of
investigation). See attached.
COMMITTEE MEMBER COMMENTS
FUTURE AGENDA ITEMS
ADJOURNMENT — The next Legislative Affairs, Ethics and Transparency Committee meeting is September 20,
2017 (pending Committee approval) at City Hall, Ross Annex Room 1600, 20 Civic Center Plaza, Santa Ana,
CA.
The complete Strategic Plan document is available at htto:llwww.santa-ana.ora/strategic-planningl
Legislative Affairs Council Committee Agenda 2 July 19, 2017
13A-11
CITY OF SANTA ANA
LEGISLATIVE COUNCIL COMMITTEE
MINUTES
April 5, 2017
An audio recording of this meeting is available on the City of Santa Ana website,
http://www.ci.santa-ana.ca.us/.
CALL TO ORDER
The meeting was called to order at 12:13 pm by Councilmember Vicente Sarmiento at City
Hall Ross Annex, Room 1600.
ATTENDANCE
Members Present: Councilmember Vicente Sarmiento
Councilmember Jose Solorio
Members Absent: Councilmember Sal Tinajero
Staff Present: Judson Brown, Julie Castro -Cardenas, Jack Ciulla, Carlos de la Riva,
John Funk, Jason Gabriel, Jorge Garcia, Will Holt, Maria Huizar,
Jeannie Jurado, Mark Lawrence, Margarita Macedonio, Mark Morley,
Gerardo Mouet, Fred Mousavipour, Ron Ono, Deborah Sanchez,
James Schnabl, Daniel Soto, Yasmin Vazquez, Sergio Vidal. Also
present were Tony Cardenas from League of California Cities, Casey
Elliot and Cori Williams from Townsend Public Affairs and Dan
Maldonado and Leslie Pollner from Holland & Knight via telephone.
PUBLIC COMMENTS
None.
AGENDA ITEMS
Election of Committee Chair
MOTION: Move item to next meeting.
MOTION: Sarmiento SECOND: Solorio
VOTE: AYES:
Sarmiento, Solorio
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Tinajero (1)
Legislative Council Committee Minutes
April 5, 2017, Page 1
13A-12
2. Review Committee Bylaws
Councilmembers Sarmiento and Solorio requested the addition of language reflecting the
combination of the Legislative Council Committee and the Code of Ethics Committee.
Consideration of item continued to next committee meeting pending updates.
3. Review and Approval of Proposed Meeting Schedule for Committee
Consideration of item continued to next committee meeting.
4. Approval of Minutes of the July 12, 2016 Legislative Council Committee Meeting
MOTION: Approve minutes.
MOTION: Sarmiento SECOND: Solorio
VOTE: AYES:
Sarmiento, Solorio
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Tinajero (1)
5. Approval of Minutes of the May 19, 2016 Code of Conduct and Ethics Council
Committee Meeting
Consideration of item continued to next committee meeting.
6. Review 2016 Legislative Scorecard
Assistant to the City Manager Mark Lawrence reviewed the 2016 Legislative Scorecard
providing an update on legislative accomplishments for calendar year 2016.
7. Review Proposed 2017 Legislative Platform
Assistant to the City Manager Mark Lawrence presented the proposed 2017 Legislative
Platform for consideration. The Platform serves as the guiding document for legislative
efforts for calendar year 2017 and is aligned with State and Federal priorities.
8. Quarterly Federal Legislative Update from Holland & Knight — 2016 Year-end
and First Quarter 2017
Leslie Pollner and Dan Maldonado highlighted some of the specific activities and
accomplishments made by Holland & Knight on behalf of the City.
9. Quarterly State Legislative Update from Townsend Public Affairs — 2016 Year-
end and First Quarter 2017
Casey Elliot provided the Committee with a summary of the efforts undertaken by
Townsend Public Affairs on behalf of the City as well as highlights of upcoming state
issues as they relate to the City's priorities.
Legislative Council Committee Minutes
April 5, 2017, Page 2
13A-13
10. League of California Cities Briefing
Tony Cardenas presented a priority bill list from the League of California Cities.
None.
FUTURE AGENDA ITEMS
None.
ADJOURNMENT: 2:02 pm
Yasmin Vazquez
Executive Assistant
City Manager's Office
Legislative Council Committee Minutes
April 5, 2017, Page 3
13A-14
MINUTES OF THE SPECIAL MEETING OF THE
CODE OF CONDUCT AND ETHICS
COUNCIL COMMITTEE
MAY 19, 2016
Meeting Convened at City Hall, Ross Annex, Room 1600, 20 Civic Center Plaza Santa Ana, CA at
6:22 p.m.
In attendance were Committee Members Sal Tinajero and Angelica Amezcua, Chair and Staff
members David Cavazos, City Manager; Sonia Carvalho, City Attorney and Maria D. Huizar, Clerk
of the Council.
PUBLIC COMMENTS — None
AGENDA ITEMS
1. APPROVE MINUTES OF THE NOVEMBER 30, 2015 SPECIAL MEETING {STRATEGIC
PLAN NO. 5, 11
Motion by Tinajero to approve Minutes, seconded by Amezcua. Motion carried.
2. ANNUAL REVIEW OF CODE OF CONDUCT AND ETHICS (STRATEGIC PLAN NO. 5, 11
Clerk of the Council Huizar, reported that annual review was opportunity to consider any
modifications to the Code
Committee Member Tinajero, requested discussion whether or not City employees are bound
by the ethics structure and whether to expand list of designated officials at the next regular
meeting.
3. CONTINUED ITEM - REVIEW OPTIONS FOR CONSIDERATION REGARDING COUNCIL
CONDUCT POLICY (STRATEGIC PLAN NO. 5, 1}
• Option #1 (status quo) - Utilizing the existing Code of Ethics and Conduct as well as
current options available.
• Option #2 - Modeled after the City of Los Angeles censure procedures and not as
elaborate as the City of San Jose (see attached)
• Option #3 — Modeled after the City of San Jose which is an elaborate policy which
provides detailed guiding principles, definitions, and process of investigation see
attached).
Minutes of the Code of Conduct and Ethics Committee Page 1
May 19, 2016
13A-15
Chair Amezcua, of the opinion that the City should consider Option #2; motion to agendize
for City Council consideration and include fiscal impacts, seconded by Committee member
Tinajero.
City Manager Cavazos, noted that item discussed with City Attorney.
Senior Management Analyst, Jorge Garcia noted that costs can be absorbed in current
budget; items considered on case specific basis.
4. CONTINUED ITEM - DISCUSSION ON DRAFT ORDINANCE ON CONTRIBUTION LIMITS
FOR LEGAL DEFENSE CAMPAIGN CONTRIBUTION ACCOUNTS {STRATEGIC PLAN
NO. 5, 1)
Chair Amezcua, motion to agendize matter for City Council consideration, seconded by
Committee Member Tinajero with provision that $250 campaign contribution amount have the
same abstention requirement as councilmember controlled campaign committees.
City Attorney Carvalho, clarified that $250 recusal would be same as campaign committees,
but no campaign limit.
City Manager Cavazos, indicated that item would be agendized for the June 21, 2016 City
Council Meeting; staff supportive of proposal.
5. COMMITTEE MEMBER COMMENTS (STRATEGIC PLAN NO. 5, 1}
Committee member Tinajero, noted that there is current confusion on Ethics Code; proud of
work by committee; meeting twice a year instead of required annual meeting; and glad that
items moving on to City Council for consideration.
Chair Amezcua, thanked staff for efforts.
ADJOURNED — 6:28 p.m.
Maria D. Huizar,
Clerk of the Council
Minutes A�of the Code of Conduct and Ethics Committee Page 2
May 19, 2016
13A-16
iwapil
161019101 M I RE 11" .
AUGUST 1, 2017
TITLE:
RECEIVE AND FILE CERTIFICATION AND
APPROVAL OF FINAL PARCEL MAP NO.
2014-141 BY CITY ENGINEER
(1615 WEST POMONA STREET)
{STRATEGIC PLAN NO. 3, 2}
yr
ckTy M NAGE
IWT 1463 0 1 IT' 19 0 1014 DRAWN NQ
Receive and file.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
❑
As Recommended
❑
As Amended
❑
Ordinance on 1S1 Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
CONTINUED TO
FILE NUMBER
This action informs the City Council of the imminent approval of this subdivision based upon the
Subdivision Map Act, and meeting all the conditions of approval set by the City. The City
Engineer has received Final Map No. 2014-141 (City Tract Map No. 2015-03) for 1615 West
Pomona Street (Exhibit 1) from the current owners, Rudolph J. Aldana and James R. Aldana, and
is in the process of reviewing the map for technical accuracy and final approval.
This map approves subdividing land into 2 individual parcels to construct single-family residences
located in the Single Family Residential (R-1) zoning district. The General Plan land use
designation for the site is Low -Density Residential (LR -7). Tentative Map No. 2014-141 was
approved by the City Council on February 2, 2016. Pursuant to Section 34-183 of the Santa Ana
Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the
City Council meeting of August 1, 2017.
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.
Executive Director
Public Works Agency
Exhibit 1: Map 17A-1
IN
NOT TO SCALE
SANTA ANA City Title, PARCEL MAP N O . 2 014 —141
P`WA "°°`o'e201 1615 W. POMONA STREET
me wmn WK,
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
RECEIVE AND FILE QUARTERLY REPORT OF
CONTRACTS VALUED AT $25,000 OR LESS
ENTERED INTO BY THE CITY MANAGER AS
PERMITTED BY CHARTER SECTION 421
{STRATEGIC PLAN NO. 4, 1} r
r
gLf
Y MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1"Reading
❑ Ordinance on 2n'Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the Quarterly Report of Contracts entered into between April 1, 2017 to June 30,
2017 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 April 1, 2017 to
June 30, 2017, 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
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. Quarterly Report of Contracts
19C-1
Quarterly Report of Contracts: April 1, 2017 to June 30, 2017
No.
Date
Vendor Name
Type
Number
Agency
Amount
Description
1
04/01/17
ORVAC ELECTRONICS
BOC
4538
PWA
$
5,000.00
COMMUNICATION & ELECTRONIC PARTS
2
04/01/17
L&S EMBROIDERY
BOC
4541
CITYWIDE
$
6,000.00
MISC EMBROIDERED CLOTHING
3
04/01/17
ZEE MEDICAL SERVICE
BOC
4543
FMS
$
2,000.00
FIRST AID SUPPLIES
4
04/01/17
MATCO TOOLS
BOC
4554
FMS
$
6,000.00
FLEET MECHANICS'TOOLS
5
04/01/17
SIGN-A-RAMA
BOC
4555
PWA
$
5,000.00
MISCSIGNS
6
04/Q1/17
CLEAN DIESEL SPECIALISTS SOCAL
BOC
4563
FMS
$
5,000.00
DIESEL FILTER CLEANING
7
04/01/17
SUNBELT RENTALS INC
BOC
4564
CITYWIDE
$
15,000.00
EQUIPMENT RENTALS
8
04/01/17
REFRIGERATION SUPPLIES
BOC
4570
FMS
$
5,000.00
REFRIGERATION & AIR COND SUPPLIES
9
04/04/17
EXPRESSIONS HOME GALLERY
PO
120001
CDA
$
864.17
ICEMAKER
10
04/05/17
BSN SPORTS LLC
PO
120004
PD
$
5,936.54
VARIOUS SPORTS SUPPLIES
11
04/06/17
THE LIGHTHOUSE INC
PO
120005
FMS
$
1,208.00
ELECTRICAL SWITCHES - FLEET OPS
12
04/06/17
DON WALLINGSFORD INC
PO
120006
FMS
$
3,800.00
FABRICATE BACKFLOW DEVICE CAGE
13
04/06/17
SIGN-A-RAMA
PO
120007
PWA
$
1,430.93
HIGH QUALITY DELUXE STANDS
14
04/06/17
ABC-CLIO LLC
PO
120009
PRCS
$
5,480,00
ONLINE DATABASE SUB
15
04/06/17
MAKAI SOLUTIONS
PO
120010
PD
$
3,079.56
REPAIRS TO VEHICLE LIFT- PD
16
04/06/17
ROMO, JOSE L.
AG
N-2017-034
PRCS
$
12,029.60
CINCO DE MAYO PRODUCTION SERVS
17
04/10/17
CHINOOK MEDICAL GEAR INC
PO
120011
PD
$
2,962.05
SOF TACTICAL TOURNIQUETS
18
04/11/17
NATIONAL BUSINESS FURNITURE
PO
120012
PRCS
$
4,142.23
THREE SEAT SOFA
19
04/11/17
VARIABLE SPEED SOLUTIONS INC
PO
120013
FMS
$
3,780.00
VARIBLE SPEED DRIVE - LIBRARY
20
04/11/17
HD SUPPLY WATERWORKS LTD
PO
120014
PBA
$
1,913.55
BLDG INFECTOR TOOLS
21
04/12/17
POSITIVE CONCEPTS INC
PO
120016
PD
$
782.20
HEAVYWEIGHT THERMAL 41PX80' ROLL
22
04/13/17
CREATIVE SIGN INC
PO
120021
PBA
$
890.17
PUSHCART DECALS
23
04/13/17
WESSEL MECHANICAL
PO
120022
PD
$
2,435.65
ANNUAL MAINTENANCE SERVICES
24
04/13/17
JENSEN PRECAST
PO
120023
PWA
$
6,937.69
BARRIER I0'TYPE K - NEW
25
04/13/17
RR DONNELLEY
PO
120027
FMS
$
1,091.78
MUNICIPAL SERVICES STMNT,SHEET
26
04/14/17
TILLEY CRANE INSPECTION
PO
120029
PD
$
700.00
ANNUAL EQUIPMENT INSPECTION
27
04/14/17
NATIONAL BUSINESS FURNITURE
PO
120030
PD
$
1,060.14
DESK CHAIR
28
04/17/17
TRE LIGHTING & ELECTRICAL
PO
120031
PRCS
$
13,630.00
PARK LIGHTING REPLACEMENT
29
04/17/17
PACIFIC RV PAINT INC
PO
120032
PRCS
$
3,665.81
SHOWMOBILE FLOOR REPLACEMENT
30
04/17/17
STETSON ENGINEERS INC
PO
120033
PWA
$
1,700.00
CONSUMER CONFIDENCE REPORT
31
04/18/17
SECUREIT TACTICAL INC
PO
120037
PD
$
1,936.87
MODEL 84: RIFLE/PISTOL STORAGE
32
04/18/17
CATALINA CLASSIC CRUISES INC
PO
120038
PRCS
$
5,450.00
CATALINE TRIP TRANSPORTATION
33
04/18/17
PROACTIVE CONSUILTING GROUP
AG
N-2017-035
PWA
$
5,000.00
ASSESS DIESEL EMERGENCY GENERATORS
19C-2
No.
Date
Vendor Name
Type
Number
Agency
Amount
Description
34
04/18/17
GALAXY PARTY RENTALS
AG
N-2017-036
PRCS
$
3,000.00
EQUIPMENT RENTAL
35
04/18/17
CLIMB IT
AG
N-2017-037
PRCS
$
625.00
MOBILE ROCIKWALL-DIA DE LOS NINOS
36
04/18/17
NATIS HOUSE
AG
N-2017-038
CMO
$
1,000.00
DONATION -YOUTH PROGRAM SERVE
37
04/19/17
NEW PIG CORPORATION
PO
120041
FMS
$
560.30
DRAIN INSERT
38
04/19/17
OTC BRANDS INC
PO
120042
PRCS
$
862.00
VARIOUS CRAFT SUPPLIES
39
04/19/17
ANGELS BASEBALL LP
PO
120043
PRCS
$
2,120.00
ANGELS TICKETS
40
04/19/17
ALPHA YOUTH SPORTS INC
PO
120045
PRCS
$
1,000.00
BASKETBALL COACH TRAINING
41
04/19/17
BIG BEAR VALLEY RECREATION
PO
120047
PRCS
$
9,720.00
FAMILY CAMP OUT TO BIG BEAR
42
04/19/17
AGRICULTURAL PEST CONTROL
PO
120048
PWA
$
1,350.00
REPAIR BIRD CONTROL NETTING
43
04/20/17
INTERNATIONAL CODE COUNCIL INC
PO
120049
PBA
$
604.87
BUILDING CODE PUBLICTIONS
44
04/20/17
WET SPOT RENTALS INC
PO
120050
PRCS
$
1,134.00
KAYAK RENTAL-CATALINA TRIP
45
04/20/17
EN POINTE TECHNOLOGIES SALES
PO
120051
IT
$14,996.30
VMWARE SOFTWARE SUPPORT RENEWAL
46
04/24/17
CROSSROADS MULCH INC
PO
120052
PRCS
$
4,404.38
CALIFORNIA PLAY FIBER
47
04/24/17
SE NELSON CONSTRUCTION INC
PO
120054
PWA
$
3,326.35
WELL #26 MODIFICATIONS
48
04/24/17
CULVER-NEWLIN INC
PO
120055
FMS
$
2,302.62
DESICCHAIRS
49
04/24/17
NATIONAL REC AND PARKASSOCIATION
AG
N-2017-039
PRCS
$
25,000.00
HEALTHY OUT -OF SCHOOL TIME PROG
50
04/24/17
GAME THEATRE, LLC
AG
N-2017-040
PRCS
$
600.00
MOBILE GAMETHEATER-DIA DE NINOS
51
04/26/17
ARRO-LAST TARGET SYSTEMS
PO
120061
FMS
$
5,355.18
ARCHERYTARGETS
52
04/26/17
HERITAGE CUSTOM LANDSCAPES INC
PO
120062
PRCS
$
2,500.00
HAZARDOUS TREE REMOVAL
53
04/26/17
MCMURRAY STERN INC
PO
120064
PD
$
1,357.04
MOBILESHELVING REPAIR LABOR
54
04/27/17
OTC BRANDS INC
PO
120065
PRCS
..$
726.32
FLOWER CUTOUT VINYL PENNANT
55
04/27/17
IZONE
PO
120068
PRCS
$
2,142.54
CUSTOM HI -PRESS LAMINATE PANEL
56
04/27/17
COASTAL TRAINING TECHNOLOGIES
PO
120070
PWA
$
5,157.79
DVD#SUBSCL-DVD-ENG-0012
57
04/27/17
ALVAREZ, RUBEN
AG
N-2017-043
PRCS
$
1,200.00
MARKETING SERVICES FOR CITY EVENTS
58
04/28/17
MOMENTUM NA INC.
AG
N-2017-044
PRCS
$
10,000.00
SPONSORSHIP-CINCO DE MAYO FESTIVAL
59
04/28/17
SUPER ANTOJITOS
AG
N-2017-045
PRCS
$
5,892.00
CATERING SERVICES -FIESTAS EVENT
60
04/28/17
COMMUNITY ENGAGEMENT
AG
N-2017-046
PRCS
$
4,000.00
PARK DESIGN ILLUSTRATION SERVICES
61
05/01/17
ORANGE COAST PETROLEUM
BOC
4509
FMS
$
2,000.00
OIL PUMP PARTS
62
05/01/17
UNITED PARCEL SERVICE
BOC
4544
FMS
$
5,000.00
PARCEL DELIVERY&PICK-UP
63
05/01/17
AFRO AUTOGAS
BOC
4547
FMS
$25,000.00
PROPANE GAS &MAINT CONTRACT
64
05/01/17
FUEL PROS INC
BOC
4548
FMS
$
25,000.00
COMPLIANCE TESTING & REPAIRS
65
05/01/17
HORIZON DISTRIBUTORS
BOC
4574
PRCS
$
20,000.00
LANDSCAPE & IRRIGATION SUPPLIES
66
05/01/17
MUNICIPAL MAINTENANCE
BOC
4576
PWA
$
5,000.00
AUTO PARTS & MAINTENANCE
67
05/01/17
GRUETTTREE COMPANY INC
BOC
4578
PRCS
$
15,000.00
TREE MAINTENANCE SERVICES
19C-3
No. Date Vendor Name
68 05/01/17 SLS PROPERTY SOLUTIONS
69 05/01/17 ZOLL MEDICAL CORPORATION
70 05/01/17 HERNDON RECOGNITION COMPANY
71 05/01/17 VMI INC
72 05/01/17 ORANGE COUNTY PUMP CORPORATION
NETWORK INTEGRATION COMPANY
73 05/02/17 PARTNERS, INC.
74 05/03/17 SANTA CATALINA ISLAND RESORT
75 05/03/17 VMI INC
76 05/04/17 RAYVERN LIGHTING SUPPLY
77 05/04/17 CAL BUILDING SYSTEMS INC
78 05/08/17 MARTINEZ, RAUL
79 05/08/17 GONZALEZ, MELODY
80 05/08/17 WELLS FARGO BACNK
81 05/08/17 ARJONA, GLORIA
82 05/08/17 METROPCS CALIFORNIA, LLC
83 05/08/17 STRAUB DISTRIBUTING CO.
84 05/08/17 GARCIA, CLAUDIA
85 05/08/17 SOUTHERN CALIFORNIA EDISON
86 05/08/17 CURACAO DBA ADIR INTERNATIONAL
87 05/08/17 ALVAREZ, ELENA
88 05/08/17 ORANGE COUNTY MUSIC LEAGUE
89 05/08/17 GARCIA, MANUEL
90 05/08/17 UPLIFTING SOULDART EVENTS
91 05/08/17 WATERWISEPRO TRAINING
92 05/08/17 ANAHEIM TRANSPORTATION NETWORK
TEMPLO CALVARIO COMMUNITY
93 05/08/17 DEVELOPMENT CORPORATION
94 05/08/17 TKO YOUTH FOUNDATION
95 05/09/17 SANTA ANA BOOSTERS FOUNDATION
96 05/09/17 CHARITABLE VENTURES OF OR CO
97 05/09/17 KELLY ASSOCIATES MANAGEMENT GRP
98 05/10/17 COAST RECREATION INC
Type
Number
Agency
Amount
Description
BOC
4586
PD
$
10,000.00
EMERGENCY BOARD -UP SERVICES
PO
120073
PERS
$
573.77
AED BATTERIES
PO
120074
PRCS
$
12,573.91
SERVICE AWARD PINS
PO
120075
PRCS
$
4,412.36
PROJECTOR
PO
120076
PRCS
$
3,407.38
PUMP& CONTROL PANEL REPAIRS
AG
N-2017-048
PRCS
$
25,000.00
NETWORK ELECTRONICS -SA LIBRARY
PO
120077
PRCS
$
9,823.00
CATALINA GEAR HAULTO CAMPSITE
PO
120078
PRCS
$
2,131.31
AUDIO DIST. AMP (XLR)
PO
120081
PRCS
$
4,994.47
LIGHTING FIXTURES - SANDPNT PARK
PO
120082
PRCS
$
1,291.00
FIRE SPRINKLER SYS-SALGADO CTR
AG
N-2017-049
PRCS
$
2,000.00
MASTER OF CEREMONY-CINCO DE MAYO
AG
N-2017-050
PRCS
$
2,225.00
CUNYA BAND-CINCO DE MAYO
AG
N-2017-051
PRCS
$
5,000.00
SPONSORSHIP-CINCO DE MAYO
AG
N-2017-053
PRCS
$
1,025.00
MUSIC PERFORMANCE-CINCO DE MAYO
AG
N-2017-055
PRCS
$
5,000.00
SPONSORSHIP-CINCO DE MAYO
AG
N-2017-056
PRCS
$
20,000.00
SPONSORSHIP-CINCO DE MAYO
AG
N-2017-057
PRCS
$
975.00
FLAMENCO DANCE-CINCO DE MAYO
AG
N-2017-058
PRCS
$
5,000.00
SPONSORSHIP-CINCO DE MAYO
AG
N-2017-059
PRCS
$
2,500.00
SPONSORSHIP-CINCO DE MAYO
AG
N-2017-060
PRCS
$
825.00
SALSA/CHA CHA DANCE-CINCO DE MAYO
AG
N-2017-061
PRCS
$
1,975.00
MUSIC PERFORMANCE-CINCO DE MAYO
AG
N-2017-062
PRCS
$
1,000.00
COORDINATION SERVS-CINCO DE MAYO
AG
N-2017-063
PRCS
$
4,475.00
WORKSHOP SERVS-CINCO DE MAYO
AG
N-2017-064
PWA
$
5,000.00
WATER TREATMENT TRAINING COURSE
AG
N-2017-065
CDA
$
11,000.00
CLEAN FUEL PUBLIC TRANSIT ROUTE
AG
N-2017-075
CMO
$
2,000.00
DONATION -LOVE SANTA ANA INITIATIVE
AG
N-2017-076
CMO
$
1,000.00
DONATION -YOUTH PROGRAMS
AG
N-2017-066
CMO
$
2,000.00
DONATION -ARTS AND LITERARY FESTIVAL
AG
N-2017-067
CMO
$
1,000.00
DONATION -STA ANITA NEIGHBORHOOD
AG
N-2017-074
FMS
$
20,000.00
DATA COLLECTION, ANALYSIS, REPORT
PO
120086
PRCS
$
638.43
PLAYGROUND EQUIPMENT SUPPLIES
19C-4
No.
Date
Vendor Name
Type
Number
Agency
Amount
Description
99
05/10/17
SECUREIT TACTICAL INC
PO
120087
PD
$
1,936.87
M0DEL 84: RIFLE PISTOL STORAGE
100
05/10/17
PERSONNEL CONCEPTS INC
PO
120088
PERS
$
2,403.74
YEARLY LABOR LAW POSTERS
101
05/10/17
ARC DOCUMENTS SOLUTIONS LLC
PO
120089
PBA
$
3,806.84
BURN SCANS TO CD
102
05/10/17
THE BRIXEY CORP
PO
120091
FMS
$
14,103.98
OUTDOOR/STREET FURNITURE
103
05/11/17
MK PRINTING
PO
120093
PD
$
1,133.61
SAPID MAPS
104
05/11/17
THE MINER CORPORATION
PO
120094
FMS
$
3,315.00
DOOR REPAIRS TO PANIC HARDWARE
105
05/11/17
LINEAR SYSTEMS INC
PO
120095
PD
$
728.40
PHOTO SUPPLIES
106
05/11/17
THE MINER CORPORATION
PO
120096
FMS
$
3,195.00
DOOR REPAIRS TO PANIC HARDWARE
107
05/11/17
RED HAWK FIR & SECURITY (CA)
PO
120106
PD
$
975.00
RELOCATE FIRE ALARM ANNUNCIATOR
108
05/15/17
SOURCE GRAPHICS
PO
120108
FMS
$
2,914.90
SOURCE GRAPHICS CONTRACT
109
05/15/17
PRIMO FITNESS
PO
120109
FMS
$
1,938.42
REMANUFACTURED GYM EQUIPMENT
110
05/15/17
INTERFINISH CORPORATION
PO
120110
FMS
$
3,190.00
REPLACE ELEVATOR FLOOR FINISHES
111
05/15/17
CALIFORNIA TRUCK EQUIPMENT CO
PO
120111
FMS
$
3,297.15
SHIPPING& HANDLING CHARGES
112
05/16/17
DAHLSTROM & COMPANY INC
PO
120112
CDA
$
10,775.00
TRAINING HANDBOOKS
113
05/16/17
AMERICAN WATERWORKS ASC
PO
120114
PWA
$
646.50
DATABASE SUBSCRIPTION
114
05/16/17
GALE GROUP INC
PO
120117
PRCS
$
600.00
SOFTWARE HOSTING FEES
115
05/16/17
PLUMBERS DEPOT INC
PO
120120
FMS
$
4,794.44
REPAIRS TO VACTOR TRUCK
116
OS/16/17
NATIONAL BUSINESS FURNITURE
PO
120123
PRCS
$
601.25
DESK CHAIR
117
05/16/17
TARDIF SHEET METAL
PO
120124
FMS
$
2,532.13
FABRICATE (5) STEEL PANELS
118
05/16/17
SELECT EQUIPMENT SALES INC
PO
120127
FMS
$
7,279.30
FORKLIFT DIAGNOSTICS AND REPAIRS
119
05/16/17
C0DE 5 GROUP LLC
PO
120133
PD
$
3,600.00
ANNUAL SERVICE AGREEMENT
120
05/16/17
IDEUM INC
PO
120134
PBA
$
18,250.41
TOUCH SCREEN PRESENTER
121
05/16/17
SOFTCHOICE CORPORATION
PO
120135
PD
$
614.74
ADOBE SOFTWARE
122
05/17/17
STATEWIDE TRAFFIC SAFETY AND
PO
120130
FMS
$
4,065.41
BARRICADES -TYPE 2 WO0D W STENCIL
123
05/18/17
GOVERLAN INC
PO
120136
PWA
$
1,901.00
SOFTWARE LICENSE
124
05/18/17
PERMA-BOUND BOOKS
PO
120137
PRCS
$
893.08
JUVENILE BOOKS
125
05/18/17
PELLETIER & ASSOCIATES
AG
N-2015-044-1
PERS
$
10,000.00
ERGONOMICS CONSULTANT
126
05/22/17
BSN SPORTS LLC
PO
120138
PRCS
$
2,559.96
VARIOUS SPORTS SUPPLIES
127
05/23/17
TOMO BOOKS USA
PO
120139
PRCS
$
993.54
JUVENILE SPANISH BOOKS
128
05/23/17
CATALINA ISLAND CONSERVANCY
PO
120140
PRCS
$
5,400.00
ON -ISLAND BUS TRANSPORTATION
129
05/23/17
GOVERLAN INC
PO
120141
PD
$
2,959.81
SOFTWARE LICENSE
130
05/24/17
VALLEY SOIL INC
PO
120143
PRCS
$11,520.79
REPLACE BACKFLOW DEVICE -PRCSA
131
05/24/17
OTC BRANDS INC
PO
120145
PRCS
$
863.07
MATH INCENTIVE PRIZES
132
05/24/17
HERNANDEZ, FELICE STINSON
AG
N-2017-077
PD
$
10,000.00
COUNSELING SERVICES
133
05/24/17
MARTINEZ, LUIS RAUL
AG
N-2017-078
PD
$
10,000.00
JAIL COUNSELING SERVICES
19C-5
No. Date Vendor Name
134 05/24/17 ARCED, BLANCA E.
135 05/24/17 DAVIS, LAVERNE
136 05/24/17 HURLEY, PATRICK A.
137 05/24/17 PALMA, JAVIER
138 05/25/17 CULVER-NEWLIN INC
139 05/25/17 S&S WORLDWIDE INC
140 05/25/17 OTC BRANDS INC
141 05/25/17 CDW GOVERNMENT INC
LATINO CENTER FOR PREVENTION &
142 05/25/17 ACTION IN HEALTH & WELFARE
143 05/25/17 SANTA ANA COLLEGE FOUNDATION
144 05/30/17 CAL BUILDING SYSTEMS INC
145 06/01/17 RYAN HERCO PRODUCTS
146 06/01/17 AMTEC HUMAN CAPITAL
147 06/01/17 PAPER RECYCLING & SHREDDING
148 06/01/17 ANIMAL DIAGNOSTIC LAB
149 06/01/17 CDW GOVERNMENT INC
150 06/01/17 CDW GOVERNMENT INC
151 06/05/17 SITMATIC
152 06/05/17 GOVCONNECTION INC
153 06/05/17 ILLINOIS LIBRARY ASSOCIATION
154 06/05/17 NATIONAL BUSINESS FURNITURE
155 06/05/17 ENVIRONMENTAL SYSTEMS RESEARCH
156 06/06/17 NEOGOV
157 06/06/17 OTC BRANDS INC
158 06/07/17 GHAIS TREE SERVICE
159 06/07/17 THE TOWER 33 GROUP
160 06/07/17 CYLEX SIGNS LLC
161 06/07/17 ZONES INC
CALIFORNIA STATE CONTROLLER,
162 06/07/17 DIVISION OF AUDITS
163 06/07/17 CONSCIOUS BREAK, INC.
164 06/07/17 MELINA HERRERA
165 06/08/17 MAKARA CENTER FOR THE ARTS
166 06/08/17 ORTEGA, MANUEL
Type
Number
Agency
Amount
Description
AG
N-2017-079
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
AG
N-2017-080
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
AG
N-2017-081
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
AG
N-2017-082
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
PO
120146
PERS
$
611.97
ERGONOMIC DESKCHAIR
PO
120148
PRCS
$
754.25
CRAFTSUPPLIES FOR SUMMER PROGRAM
PO
120149
PRCS
$
579.28
SUMMER PROGRAM SUPPLIES
PO
120151
IT
$
2,623.40
LAPTOP COMPUTER
AG
N-2017-083
CMO
$
1,000.00
DONATION -5K WALK TO PROMOTE HEALTH
AG
N-2017-084
CMO
$
2,000.00
DONATION -FUTURE COLLEGE STUDENTS
PO
120154
PRCS
$
953.00
FIRE SPRINKLER INSPECTION - ZOO
BOC
4595
PWA
$
10,000.00
MISC PLUMBING SUPPLIES
BOC
4601
CDA
$
25,000.00
TEMPORARY PERSONNEL
BOC
4614
PD
$
3,000.00
DOCUMENT SHREDDING SERVICES
BOC
4615
PRCS
$
20,000.00
VETERINARY LABORATORY SERVICES
PO
120161
IT
$
1,374.13
TABLET COMPUTER
PO
120185
IT
$
1,271.08
TABLET COMPUTER
PO
120163
PERS
$
595.10
ERGONOMIC DESK CHAIR
PO
120164
IT
$
4,089.94
SOFTWARE SUPPORT RENEWAL
PO
120165
PRCS
$
568.92
POLO SHIRTS
PO
120166
PRCS
$
1,961.09
FABRIC GUEST CHAIR
PO
120171
PD
$
4,848.75
SPATIAL ANALYSIS SOFTWARE
PO
120177
PRCS
$10,500.00
LICENSE SUBSCRIPTION RENEWAL
PO
120179
PRCS
$
538.75
CRAFT KITS
PO
120180
PRCS
$
2,100.00
TREE MAINTENANCE SERVICES
PO
120181
PRCS
$
1,163.70
CATALINA TRIP - SHIRTS
PO
120182
PRCS
$
4,340.48
CUSTOM PARK ENTRY SIGN
PO
120183
IT
$
4,679.68
SOFTWARE MAINTENANCE RENEWAL
AG
N-2017-112
FMS
$
3,000.00
2016-2017 ANNUAL STREET REPORT
AG
N-2017-117
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
AG
N-2017-118
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
AG
N-2017-085
CMO
$
1,000.00
DONATION -LIBRARY AND ART CENTER
AG
N-2017-086
PD
$
21,000.00
LEISURE CLASS INSTRUCTOR
19C-6
No.
Date
Vendor Name
Type
Number
Agency
Amount
Description
167
06/08/17
WACHTER, INC.
AG
N-2017-087
PWA
$
5,000.00
MAINTAIN VIDEO SURVEILLANCE SYSTEM
168
06/08/17
ALLIANCE BUILDING SOLUTIONS
AG
N-2017-088
PWA
$
16,425.00
FEASIBILITY REVIEW -ST LIGHT RETROFIT
169
06/08/17
LE, CHOC
AG
N-2017-089
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
170
06/08/17
VALENCIA, GOCELINE
AG
N-2017-091
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
171
06/08/17
DALRYMPLE, KEVIN
AG
N-2017-092
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
172
06/08/17
CHALLENGER SPORTS CORPORATION
AG
N-2017-093
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
173
06/08/17
VENTURA BUSINESS SYSTEMS
AG
N-2017-094
PRCS
$
19,709.87
PRINTING SEVICES-SANTA ANA LIBRARY
174
06/08/17
TORRES, BALDWIN
AG
N-2017-095
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
175
06/08/17
HERNANDEZ, JOEL
AG
N-2017-096
PRCS
$25,000.00
LEISURE CLASS INSTRUCTOR
176
06/08/17
STREETSAVER
AG
N-2017-120
PWA
$
21,350.00
PAVEMENT MAN EGEM ENT SYSTEM
177
06/08/17
ARMENTA, KARINA
AG
N-2017-121
CAO
$
5,000.00
SETTLEMENT AGREEMENT
178
06/09/17
KNORR SYSTEMS INC
PO
120118
FMS
$
3,301.49
POOLCOVER PANEL
179
06/09/17
CDW GOVERNMENT INC
PO
120187
PD
$
664.76
COMPUTER MODEM
180
06/09/17
OPEN TEXT INC
PO
120188
PD
$
1,222.10
SOFTWARE SUPPORT MAINTENANCE
18106/09/17
VCA ANIMAL HOSPITALS, INC.
AG
N-2017-097
PD
$25,000.00
MEDICAL SERVICES -POLICE K -9S
182
06/09/17
SOUTHERN CALIFORNIA EDISON
AG
N-2017-098
PWA
$
10,369.03
TRAFFIC SIGNAL IMPROVEMENTS
183
06/09/17
SOUTHERN CALIFORNIA EDISON
AG
N-2017-099
PWA
$
15,549.18
TRAFFIC SIGNAL IMPROVEMENTS
184
06/09/17
SOUTHERN CALIFORNIA EDISON
AG
N-2017-100
PWA
$
2,306.51
TRAFFIC SIGNAL IMPROVEMENTS
185
06/09/17
BAUTISTA, SANTIAGO
AG
N-2017-101
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
186
06/09/17
MOVIES BY KIDS -O.C. LLC
AG
N-2017-102
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
187
06/09/17
TORRES, MARTIN
AG
N-2017-103
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
188
06/13/17
AAA ELECTRIC MOTOR SALES & SER
PO
120191
FMS
$
998.20
ELECTRIC MOTORS & PARTS
189
06/13/17
THE TOWER 33 GROUP
PO
120192
PRCS
$
1,066.73
PROJECT PRIDE - BIG BEAR SHIRTS
190
06/13/17
COW GOVERNMENT INC
PO
120193
IT
$
8,393.05
TABLET COMPUTER
191
06/13/17
GHAIS TREE SERVICE
PO
120197
PRCS
$
2,300.00
TREE MAINTENANCE SERVICES
192
06/14/17
ADORAMA INC
PO
120199
PD
$
4,461.39
BINOXS-HD BINOCULARS
193
06/14/17
SOURCE GRAPHICS
PO
120200
PWA
$
1,385.00
OFFICE EQUIPMENT SERVICE AGREEMENT
194
06/14/17
SOFTCHOICE CORPORATION
PO
120204
FMS
$
614.74
ADOBE SOFTWARE
195
06/15/17
NATIONAL BUSINESS FURNITURE
PO
120205
PD
$
3,882.35
ERGONOMIC DESK CHAIR
196
06/19/17
OTC BRANDS INC
PO
120206
PRCS
$
673.33
PATRIATIC TOY ASSORTMENT
197
06/19/17
SMART SOURCE OF CALIFORNIA LLC
PO
120207
PBA
$
1,161.52
FORM -NOTICE TO APPEAR BOOKLETS
198
06/19/17
CHARITABLE VENTURES OF OR CO
AG
N-2017-105
CMO
$
1,500.00
DONATION AGREEMENT
199
06/19/17
NOTEWORTHY PUPPETS, INC.
AG
N-2017-107
PRCS
$
900.00
LIBRARY EVENT PERFORMERS
200
06/19/17
SHAKESPEARE BY THE SEA
AG
N-2017-108
PRCS
$
5,000.00
LIBRARY EVENT PERFORMERS
201
06/19/17
NANCY ALCALA VERDUZCO
AG
N-2017-109
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
19C-7
No.
Date
Vendor Name
Type
Number
Agency
Amount
Description
202
06/19/17
DON RUFFIN AND ARLENE RUFFIN
AG
N-2017-110
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
203
06/19/17
KARINA MORALES OCAMPO
AG
N-2017-111
PRCS
$
25,000.00
LEISURE CLASS INSTRUCTOR
204
06/19/17
TERMINAL VIDEO LISTINGS
AG
N-2017-114
PD
$
24,933.00
SOFTWARE LICENSING
205
06/19/17
DOWNTOWN INC.
AG
N-2017-122
CDA
$
5,000.00
DONATION -SA MEDIASUMMIT
206
06/19/17
DOWNTOWN INC.
AG
N-2017-123
CDA
$
5,000.00
DONATION -DOWNTOWN OPEN HOUSE
207
06/20/17
SHI INTERNATIONAL CORP
PO
120209
IT
$
15,408.00
SOFTWARE MAINTENANCE RENEWAL
208
06/21/17
TUTTLE-CLICK TUSTIN CHRYSLERI
PO
120210
FMS
$
1,341.94
VEHICLE REPAIRS
209
06/21/17
AMERICAN SPORTSMAN HOLDINGS CO
PO
120211
PRCS
$
7,192.09
CATALINA CAMPING EQUIPMENT & SUPP
210
06/21/17
S&S WORLDWIDE INC
PO
120212
PRCS
$
1,616.25
CATALINA TRIP -TOYS AND GAMES
211
06/21/17
ADORAMA INC
PO
120213
PRCS
$
904.50
CATALINA TRIP -RADIOS & HEADSETS
212
06/21/17
SOUTHLAND ENVELOPE CO INC
PO
120216
FMS
$
744.88
ENVELOPES
213
06/23/17
PUBLIC TREASURY INSTITUTE OF
PO
120227
FMS
$
855.00
CASHIER TRAINING
214
06/26/17
CULVER-NEWLIN INC
PO
120232
FMS
$
824.29
DESKCHAIR
215
06/28/17
COOPERATIVE PERSONNEL SERVICES
AG
N-2017-113
PERS
$
25,000.00
EMPLOYEE RECRUITMENT SERVICES
216
06/29/17
1WC ENVIRONMENTAL LLC
PO
120236
PWA
$
1,785.89
MICROLDGIX-1100 PLC
19C-8
•
LfJ911]•
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
RECEIVE AND FILE PUBLIC WORKS
AGENCY STATUS OF PROJECTS -
MONTHLY CAPITAL IMPROVEMENT
PROGRAM EXECUTIVE REPORT FOR
JULY 2017
(STRATEGIC PLAN NO. 5, 1)
WPM
MR
[�'NAMAGEF�
Receive and file.
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑
As Amended
❑
Ordinance on 1S1 Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
ISI A�RIll�1:3�d
The July 2017 Capital Improvement Program Executive Summary Schedule (Exhibit 1) provides
departmental activity in alignment with the stated goals of the Strategic Plan. The report includes
tasks, next steps, outcomes, and percentage completed for each project.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this item.
Executive Director
Public Works Agency
FM:lo
Exhibit 1: Capital Improvement Program — Executive Summary Schedule
19D-1
X
m
i
CITY OF SANTA ANA - PUBLIC WORKS AGENCY
CAPITAL IMPROVEMENT PROGRAM - EXECUTIVE SUMMARY SCHEDULE
MONTH OF JULY 2017
edit vmlatNa 1 muni - budget Times amp4 De for 7/1 L17
lumbe wsa Ni na9er Wl _ M;
". _ _ _...
_. l IFt M A.,,. A� f, ,L # —Q --M J#M_&-Mz L'_
PLANNING
Planning Protects - Coat Summary
F 1 Bridge Replacement
"re"' '..
-vxdueeu
$ib(
5R-55 WhIculd8(P405 to65)(OCTALead)
1
156827
W A Improvements Main WOak (Ph 1)
3)th Street Geode Separmlon (ORALead)
1,2,3
Ienenies
A
Sento Ana- Gartlan Grove Strestaar
....
'loconaL
$6,
Bristol Specific Pian Amendment
5
'xnanr,
$p
150 Complete 5tree6 Plan
I,M,5,6
wears
$±
754 Circulation Element update
L6
Iz vsiiiin
$;
Cdywide SITS Plan
y.6
1b.1L1
$i
756 Transportation tem Improvement Area ( ay
1-6
svesUs
$$,
Fairviske StTraffic SYncMoniatiQn (Costa Mesa teed)
3,4,5,6
erab4¢
:
Traffic SignIHand Upgrades"
1,6
$�
like lanes"
Flown, Street Dike
1,2,5
taodniw¢-
'L-111 -
S'
UP Pilate!•
Chdo
1,2,4,5,6
$1
CNk Canter
Cent r Bike Ha `e roadway to Sandi .go)
2
.1.1
mzmra
$3:
985 Avenue Bike Lotus .11 )"
Avenue Ptected
4,6
s
$:
Brland to
StreetProtectedfmtl Bicycle Lanes (Edinger Ave to Ss[5[)
S eave(Shape, Are SO
;4,5
?
$2,1
❑ncoin Pedestrian Treli"
UnGA
3
m.k
$1I
Sepolvarl
586
24
500 Drainage Master PlanAlternative ImprovementAssessment]-6
Drainage Masts
$:
Park Neighborhood Water Main Improvements
_
aq9 UnartonWall
q
n aa1rI.1
429
Welanced provementnNUP)uctur
5
n z.
$;
950 Advanced MeteraMnzeuctSA
46
ambur
$3,:
659 SA Zoo Master Plan IPRCSA/SA 2ao lead)
Zen le
111..H1
$:
DESIGN
Deal,. Projects - Cost Summary
z^
$78,:
45 HOD Centel Cortldar(OCTA Lead)
1,2,3Memel
662 NOIrMotbblmd, grywide Case Sidewalk- Pb 2 Cabrillo Park
1$i
m urea
864 Omnibus Concrete Repair project (FY 15/15)
1-6
a.m."
$:
881 Arterial Street Slurry (H 16/37)
;,5,6
xxnurzu
$2,;
$25 Westminster Rehabilitation- Harbor to Fairview
3
$�
001 South Main Street Counter Improvements
3,2
792 Bristol St logo. Civic Center LO Washing..(PIs3A)
5a.Iomn1
:
$13,:
741 Bristol St Improvements Warner to St. Andrew (Ph 4)
- ;4
s ... r"
$2;,
781 Grand AV Improvements& Whicein6' Atli to 17th (Ph 2)
1,13
'.m
$i
883 Bristol Street and Memory Lane Intersection Widening
3
Last updated
19D-2
F 1 Bridge Replacement
$624,2740014-6802
O�N HOLO
156827
W A Improvements Main WOak (Ph 1)
1
$5839,
A
�16L6869
W lter/17thTR518.1 Simon
ld/N rdi HC Signal Modification
Lead)
c
3
s
ITBDE
_
(I Ipl n
6nl Mf
" Pending
Grant
oxs on Tmk
nsaum on rarx
Mcnrexx
19D-2
CITY OF SANTA ANA - PUBLIC WORKS AGENCY
CAPITAL IMPROVEMENT PROGRAM - EXECUTIVE SUMMARY SCHEDULE
an MONTH OF JULY 2017
_ Tlimetatm Line for 7/75/17,
rofett Peafen Naino Caundl P f Totel g•tl9et
]9y
Wood
Monege�
Ql Q
Q y M3 Qz.
I
Th.... PakS mY Lighting
OOWn[own PefNng Shu¢luminpmvemenb/Plaza
LL
Used 3_L
as sl. 1!ilra L�A_''.s
Cale Center ADA Access
5
Meame
$330,000.00
r _
Sane Ana BNd 3lreeelanes
2
smas
$5, 4,0000 ®_20
_
Willard Neighborhood (PartoO, Bonuseys, VamNag lSlh $elder
E
amxixdz.$100,0000
Main Impr nl)
Planningh
BPL 0'vM W xN
_.— •. —;
_...
Columbine Sewer _
mungroments
3
xxarvosi
$1,400,00000
ON
HOLO
s.ImMain
eIV
n(tation 6)
Orywinde Malnlmprewer
Y6
mxannez
f1,210,500.oD:__
l
Lin
'. SeBesahom (Sanlmenzof 5ewerLX$talon
9
AIIIxahuel.$5,523,Oeo
Welig32 ReM1eblll[elion Oesign Englneering5ervlces
33
Armxamaz
_
RiverviewITurammhootl WaleYMenImPYOvementc
3
xmazz
,""0.6e.___
$S",00060.`__
SaeSMWDTrnomVaxbrhodWa
_ q
aszxrvwosz
$990.000.00,_—_.
Westgsove Valley Neighborhood Water Main improvements
6
$2,150,00000
_
Gran_tl Ave andSainl G¢rtrude SiW [rMaln Improvements
1
^rmnnxoez
f500,o00 p0
�_
Bristol Sheet Plwse3AWm,,r Main lmpraeemellb
3_,5
^rwrv^xusz.
$",000AD
First Street Uralerconsing Storm Oram Lft Station in P)
a sms1dr.e..
$100,000.00
_
Clark Smrm Drainy
$
memm
$21111,0
__ I
Sambleenter
lighting ProleR
memm
$EW,D00.00
I TAovo[On PerN Ebzhlcal/PeshoaM
Thai...
4
4
msmzx
$150,000.00
_.
Santiago Park Gas Hoose Landszerying
3
wmnry c
g
$1,51
Center StreetUrban Greening
4
sruxax¢
(615,500.06,-___^,t
Dr. DID
$ABT[Rest mlmProvemenR
2
—al.c
(260,000.00..
-$343,050.00
$Iota Ana Doug Channel Dlveol nPmlett
y3,A�6
jiGesaxex
I
SA Zaa At formulated to Giant bear Otter
1
IInMenc
$I,pppp00.00______..
... _-....
'BIO &AWAftO..
Bid&AwadP lulls Coet Summ
_
ermineary
.—_
Edinger d Improvement[
6
tozurvm
$25,060.00
s/AVL
Willits/Sulilvan [Pmmuniry Beaut iicatl0n
Com
6
r<zunm
$96,26e.00�
—._._ —......—
Alley ements(FV 14/15&FY 15/16)
y.6
cmlamrc
$113.90]00
_
ll,Impr
AOeylmes vemedtapro36men
$125,000.00,
besitlenWlStreet lmprovementa(FY 16/1])
"
1,2
Tcrosnmx
$]49,261.00
......irssrvi
rSP
rteME.uxFN
Svs
Last Updated: 7/14/17
156495
Bfsml AsWater M 1 p nC (Ph 38)
3
$50000000
1342655
1161303
Th.... PakS mY Lighting
OOWn[own PefNng Shu¢luminpmvemenb/Plaza
5A 0R
9
5 cucsaxex
$SOIOOO.Ooommmmmp --~-—
$3,950,000.oO®367dhi
CONSTRUCTION
r _
146868
C sduttl P t a C t5 m N
Warner Industrial Cmunity Street Rvatioi
4iseeleon,
$4263169200
r _
156833
Sgn ge Upg tl Clry-ltle
IfiIamaadcs
-------
Planningh
BPL 0'vM W xN
`P tl gG t
�
0 "u rteek nwuvean Ted; P,eP pray
19D-3
CITY OF SANTA ANA - PUBLIC WORKS AGENCY
p CAPITAL IMPROVEMENT PROGRAM - EXECUTIVE SUMMARY SCHEDULE
MONTH OF JULY 2017 -
warn
E
rvrryln ca,,
=_+^
5yvuopueul
Arterial Street Sir,, By 14/15)
1.6
i passacx
$1,900,000.oI
Traffic Sig nal Madlllosti.. et 41aterseNons
46
rcmlwx
$E]5,000.01
Harbor el Traffic Sign al Synch runhaWon
3,6,6
r Axau
$2,31.100.01
SAID South matters 9 uri, bnprorrou nts
5
r sksol
$200,000,01
Maple Biryde Trail X•walk& 6uibouts: Central to Chestnut
I 1
.�r 1.11x11
$02,000,1
plshap Sc - Pedllc Ave. - Shelton St pike Blvd
2,4,6-.?CHsenxsx
$950,000.01
m
Name,,Eleentary SRTS(Safe Routes to 9dmol)
2
i Mu1x
$480,000.01
King Elementary SRTS(Sala Routes to School)
4
-a Mxex
$500,00,01
Monte Vista Elelnentary$RTS Hader Routes to SChool)
,
Iraecomv
$430,000,01
Washington Elementary SRTS(Safe Routes to School)
1
Tlpoff
$780,000.01
Warner Industrial Park Community - Water &Sewer
6
TrHEMNEK
$3A57,000m
YMCA, Materials Abatement and En mental Remediation
1 2Toff.N14
$]50,000X1
Centennial Neighborhood Water Main Improvements
6
rrmiinix
-$4,778,730.01
Walnut Pump Station
j 5
"I'mawrl
x$510001000,01
Boom Komi Sidewalk/WalkwaY Renovation. (Surplus Profen)
4
rrmava1
$150,000,1
Santa Ana Delhi Channel Diversion Project
':�. 1,3p,fi
ToncIrm$4,593,3]5X1
Safe Transit Stop Improvement,(Has Shelters)
Y6louclon,
$68],519.01
00,11ng Project For Eight (8) Parks
r1-6
TrIDleac
$50,000.01
Padlic Electric Park
2
s,.rR
$1,316,918X1
Roosevelt Walker loin' Use(SAUSD Lead)
2
v 1aaA.c
$5,000,000,01
WARRANTY
wor may Pmj"" Cast Snmen",
$21,]30,i64A1
Cww.te Sidewalk improvements- Ph 1 Repairs
1-6$60],094.,
r ttmxexnu
Residential Street Slurry(TV 14/15)
1-6
rceesedel
$2,000,00401
Resldentlal Street Repair Washington NA H 15/16
-; ....S
r
$2,I28,2940i
Reddw,d,I Street Repair(FY 14/15) Bond Uf liddre)
16
T11111111
$9,230.601.Oi
Residential Street Slurry(FY 15/16)
3,5,6$2,OOo,000.0i
i cnesnAlx
Memory Ln Rehabilitated- Main to NQ
3
r1111—'K
$829,000,01
McFadden Rehabilitation- Newkope W Harbor
6
? HE "
$646,000.01
Civic Center Rehabilitation - Main to Spurgeon
2
$44,000,01
Bike Trail Signal Upgrades
1�6r
cunsnx[x
$80,000.01
Segeretroe AV/ Bear St Tmfnc Signal Modification
- 4
rCxcSAnek
$210,600.01
Pedaslflan Hand.
1-6
iCx
$3,099,000.01
Newllepe5t/ Camille St Traffla Slgaala
t/ Camille raffi0tywl fi
6'
—trc
rCxevral
$330,000,01
Pedestrian Improvementsan Santa BlvdCedon
�. 2
i[x1Mx1x
$400A0O.Oi
g: Spurgeon
Wle CalmIng:Birthtoents(W
2
TCdF1M1k
$300,000.01
Snoth Betpul
SonlM1 Btlrtol Water Malnlmpra amen', (Warmrto Al[an)
q
rcxesnxerc
-$2,820,000.01
Pe nloa Taal � N UTaek Wrr,,Tosk C >
H
Pending Grnt no,, iImk Plaulaaaalal memo.
19D-4
Last Updated:
CITY OF SANTA ANA - PUBLIC WORKS AGENCY
CAPITAL IMPROVEMENT PROGRAM - EXECUTIVE SUMMARY SCHEDULE
t MONTH OF JULY 2017
Con
___ Timestamp Line fbr 9/5/17 ._
+ytti—-projoM Nmne n 11 T P I t IDteIBody.,_ ;D1 _ lA1
m
VumbWaor M npm ,. Qy.,. Q r Qz
660
Ran Young Fleid R2 and 94 Synthetic Turt
fine,$1.28000000"
[rc
656
Santa Ana Stadium SuuearaI Concrete Repair
9
xra
-
$]50000 .Omit`
305 "_
3rd/B.51, 0TSA Restropm
2
TCHEMNLK
$40%000.00`
668
Cabrillo ParkTennls Court Renovation
1
TrHeuxrK
668
SiiPd.r Tennis Create (So rpI Prol)
g
TmernxrK
$100000 00'x"""""
668
Riverview Reakelbai Ct& Parking Lot Rasm_(aeing(SmPl Prod)
3
zsnxee
$97,400.0
454
ParkParkingPatio tot
d
$361 123 00
534
SantaMorrison
Santa Anile Park Patio Renovation:
52
am
$115.000tum
533
Memorial park Security ty Llgbtln8
nx[zaaxzr
$480000.00f.�ar"rx
651
❑vic Cenler Recnulking Plaza of Fountain antl Flags
6
sxrvrx ".
$230 000 00""""i
GRANOTOTAL 411I.AsuzAd
n.me'rxw fiuunwammeK wxxamy x c ,.^^sa
m n, am Poxwu�Tx•x � ronn orlon Tam n ry
19D-5
19D-6
L0011111110MI1111111 A•
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
RECEIVE AND FILE STRATEGIC PLAN
MONTHLY REPORT FOR JUNE 2017
{STRATEGIC PLAN NO. 5, 1}
c
TY ANAGE
APPROVED
❑ As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the Strategic Plan Monthly Report for June 2017.
DISCUSSION
The June 2017 monthly report provides departmental activity in alignment with the stated goals of
the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed
for each strategy.
The Strategic Plan Monthly Reports are available on the City's website at:
http://www.santa-ana.orqfstratecjic-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.
19E-1
19E-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
RECEIVE AND FILE ARTS AND CULTURE
COMMISSION ANNUAL REPORT
(STRATEGIC PLAN NO. 5, 5)
CIT ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the Arts and Culture Commission Annual Report,
ARTS AND CULTURE COMMISSION ACTION
On July 20, 2017, the Arts and Culture Commission voted to approve the Arts and Culture
Commission Annual Report and recommend it be submitted to the City Council. (6:0, Cribb
absent).
DISCUSSION
At the July 5, 2017 City Council Meeting, the City Council requested an annual report of the Arts
and Culture Commission. Staff prepared an annual report and presented it to the Arts and Culture
Commission for consideration (Exhibit 1). The Annual Report provides an overview of the
programs that the Arts and Culture Commission has pursued and also includes a look ahead at
the current projects for Fiscal Year 2017/18.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal 5 -Community Health, Livability,
Engagement & Sustainability, Objective 5 (Promote a strong arts and culture infrastructure).
FISCAL IMPACT
There is no fiscal impact associated with this item.
Robert Co tez f
Acting Executive"Director
Community Development Agency
EXHIBIT: 1. Arts and Culture Commission Annual Report
19F-1
19F-2
EXHIBIT 1
FISCAL YEAR 2016-17 ACCOMPLISHMENTS
ARTS AND CULTURE COMMISSION
INTRODUCTION
The Arts and Culture Commission has diligently worked to support existing, as well as new arts
and culture projects over the last year. These important accomplishments exemplify the City's
commitment in support of the arts community and enrichment of arts and culture programs for
all residents. The Arts and Culture Commission has many accomplishments that have set a
pathway for growth and strengthening of future arts and culture programs for the city.
ACCOMPLISHMENTS
ARTS & CULTURE MASTER PLAN
• Adopted by the City Council on August 16, 2016
• All items presented to the Arts and Culture Commission now have a Master Plan
Alignment, similar to the Strategic Plan Alignment for items presented to the City
Council
The development of the Master Plan was over a year-long process that involved identifying the
most qualified consultant through a rigorous RFP process, active community engagement
throughout the phases of the plan's development, and a thorough vetting by residents and
community stakeholders. There was a great show of hard work, commitment and collaboration
by residents, City leadership, staff, and community stakeholders as evidenced by participation in
the many activities in support of the plan's development. A number of one-on-one interviews
with leadership and community stakeholders took place. A Steering Committee composed of
community stakeholders indifferent disciplines was formed. There was a community survey and
numerous targeted discussions in the different art disciplines, two town hall meetings and an
arts advocacy meeting all open to the public and highly attended.
FULL-TIME POSITION TO SUPPORT ARTS & CULTURE
• Created a full-time Arts and Culture Specialist positon to assist with grant writing and
project coordination
• This position was outlined in the Arts & Culture Master Plan
UTILITY CABINET PILOT ART PROJECT- PHASE 3
• 2016-17 was the third year of the Utility Cabinet Pilot Art Project
• New to the program this year: utility cabinets were painted by local elementary schools
from SAUSD
The utility cabinet pilot art project is in its 3rd year. New this year was the expansion of the
project to include elementary schools in Santa Ana. Phases 1 and 2 were completed by local
artists in previous years. To implement this project the first year with elementary schools, staff
19F-3
met with SAUSD coordinator to discuss implementation of the project. Staff prepared a new
application and a new agreement was also prepared with the legal department. There has been
ongoing communication by staff with the school district coordinator in each step of the process
involving the school's applications, designs, and utility box choices. Staff also worked with Public
Works to verify availability of the utility boxes and coordinate a meeting with the schools. The
school designs were presented to the Arts and Culture Commission and then approved by City
Council. After Council's approval, staff coordinated and attended a pre -installation meeting on
March 17. Staff also coordinated the signing of the agreement between the City/SAUSD and the
payment to SAUSD for painting supplies. Schools are currently painting their utility cabinets.
INVESTING IN THE ARTIST GRANT OPPORTUNITY
• 2016-17 grant awarded to six artists and four organizations
f 2017-18 application and panel reviews were completed by an outside panel
o Consequently approved by the City Council on July 5, 2017
• $217,500 total investment in the last three years (2015/16 $80,000; 2016/17 $70,000;
and 2017/18 $67,500)
Completing the second year of the grant which ended on June 30. Six individual artists and four
organizations were awarded the grant this past year. Communication between staff and
grantees is on a continuous basis throughout the year as artists provide updates to staff on any
project changes. Staff also process grant payments, collect invoices and receipts for project
expenses and collect any required insurance. New this year, staff developed a schedule of events
that was updated on a continuous basis.
Highlights: 15 Community Events, 36 workshops, 12 community performances, 6 exhibitions,
and 2 youth camps
Information Sessions & Communication
Four information sessions were held in the evening allowing artists ample time and the
opportunity to inquire directly with staff on both the Investing in the Artist Grant and the
Downtown Public Artwork Project. Information about the two grants was also made available
by public announcement via Nixle, direct email, and posting on the City website. Information
sessions were held on March 16, March 23, March 30 and April 12 this year.
Review Panel
Staff worked to assemble a panel of reviewers to assist with the evaluation and selection of the
most qualified artists and outstanding projects. Panelists serve as volunteers and great effort is
made to gather a panel of qualified members. Staff performed outreach to the arts community
and an application for panelists was used. As a result, two panels composed of artists, arts
administrators and arts educators were formed this year to assist with the reviews of both the
Investing in the Artist Grant and the Downtown Restroom Artwork Panels. The application
period for the panelists was from March 1 to April 3. The two panels reviewed the submissions
from May 3 — May 29. The project rankings will be presented to the Arts and Culture
Commission on June 15.
19F-4
DOWNTOWN PUBLIC ART PROJECT (DOWNTOWN RESTROOM ARTWORK PANELS)
• Established an arts component to the Downtown Restrooms located at 3rd and Bush
Streets on a City -owned parking lot
o Project will install art work on eight panels on the restroom structure
o Project is in the final stages of development and will be recommended for
approval to the City Council in the near future
A new project introduced this year, the Downtown Public Artwork Project for the restroom
artwork panels is a new grant anticipated to be an ongoing opportunity for artists to showcase
their work. With feedback from the Arts and Culture Commission, staff developed a detailed
RFQ Call for Artists providing the details for the project. Staff also developed a corresponding
application for artists to apply for this grant. In-person information sessions were delivered to
interested applicants prior to the release of the application providing ample time for questions
and answers. Arts and Culture staff are actively working at this time on this project. Currently
artists have completed the application, and an outside panel has evaluated the projects. The
panel's recommendations will be brought before the Arts and Culture Commission for further
review on lune 15.
WINGS OF THE CITY
• Visiting Public Art Exhibition by Mexican Artist Jorge Marin
o Unveiling October 2017
• Coordinated negotiations with the Mexican Consulate's Office; will be the last public
exhibit before returning to Mexico
SANTA ANA ARTIST ROUNDTABLE SPONSORSHIP
• Partnered with Downtown Inc. and the Santa Ana Business Council to support the Santa
Ana Roundtable
• With support from the City, the group has developed the following:
o Artist website
o Artist registry
o Calendar of events
o Assisted artists with professional development
EVALUATION/REVIEW PANELS FOR ALL PROJECTS
• Assembled volunteer panelist from across Southern California to review grant
submissions
• Panelist have reviewed over 50 submissions for various submittal projects
THE LINE DEVELOPMENT PROJECT
• Public Art Plan component incorporated into The Line development project
• First such project as a result of feedback from the arts community on a prior project
approved by the Planning Commission
• Sculpture proposal presented to Arts and Culture Commission and recommended for
approval to the Executive Director of the Planning and Building Agency
• Local Artist, Hiromi Takizawa, was a part of the project
19F-5
CALIFORNIA ARTS COUNCIL CULTURAL DISTRICT DESIGNATION
• Application submitted for Cultural District Designation
• Completed on-site tour of the proposed district by the California Arts Council
• Program is a branding and marketing designation to highlight the Cultural District at the
State level; no funds are associated with project
UPCOMING TASKS
• Coordinate of the Wings of the City traveling bronze sculpture exhibition
• Present the Artist Grant (2017-18) to Arts and Culture Commission and to City Council
for approval
• Manage the Artist Grant (2017-18)
• Release the application for the Artist Grant (2018-19)
• Present the Downtown Restroom Artwork Project first year to Arts and Culture
Commission and City Council
• Manage the Downtown Restroom Artwork Project (2017-18)
• Release the application for the Downtown Restroom Artwork Project (2018-19)
• Coordinate information sessions and communication about the grants for the public
• Release the application for the Utility Cabinet Art Project (2017-18)
• Present Utility Cabinet Art Project to Arts and Culture Commission and City Council
(2017-18)
• Mange the Utility Cabinet Art Project (2017-18)
4
19F-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
CONTRACT AWARD TO FODDRILL
CONSTRUCTION TO INSTALL ENERGY-
EFFICIENT LIGHTING FIXTURES AND
EXECUTE AGREEMENTS FOR ON -BILL
FINANCING LOANS (SPEC NO. 17-040)
{STRATEGIC PLAN NO. 6, 2A}
TY ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize a one-time purchase and payment of purchase order to Foddrill Construction to
provide and install energy-efficient lighting fixtures at the Civic Center parking garage and
Stadium in an amount not to exceed $105,234.96, which includes a 10% contingency, subject
to non -substantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute an agreement with Southern
California Edison (SCE) to provide a maximum $92,077.83 in no -interest On -Bill Financing
(OBF) loans and $15,001.88 in incentives to fund Spec. No. 17-040 subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
As part of the City's ongoing efforts to identify potential cost-saving energy projects across City
facilities, the Parks, Recreation and Community Services Agency (PRCSA), General
Maintenance Section commissioned energy audits for the City's Stadium and Civic Center
parking garage. The energy audits were completed at no cost to the City by The Energy
Network, a non-profit program funded by California utility ratepayers through the California Public
Utilities Commission.
Based on the energy audit findings, PRCSA staff applied for and secured approved funding from
Southern California Edison to retrofit the facilities. The two projects consist of replacing lights
and lighting fixtures that are no longer the industry standard with energy-efficient light -emitting
diode [LED] lights. Project benefits include an annual reduction of 66,162.20 kWh in electric
usage, annual electric bill savings of $13,460.95 as shown below.
22A-1
Contract Award to Install LED Lighting Fixtures and Agreement for On -Bill Financing Loans
August 1, 2017
Page 2
'Actual incentive payments will be made based on verified and actual savings amounts and On -Bill
Financing will be based on review and approval of the City's Energy Efficiency Project Installation Report
Total project cost is $105,234.96, which includes a 10% contingency. Payback period is
estimated at 73 months for the Civic Center parking garage and 94 months for the Stadium. As
tabulated above, the amount of incentives and maximum on -bill financing approved by SCE
($107,079.71) exceeds the amount needed to fully fund the two projects. An innovative feature
of the recommended actions is the City will have no upfront costs as the awarded contractor will
finance the cost of the project. SCE will then pay contractor directly with the cash incentives and
OBF loan proceeds that SCE has approved for the project.
As a result of the OBF loan, the Civic Center's and Stadium's new electricity bill a lower amount
based on the energy reduction from the project, a new separate line -item will show the OBF loan
repayment amount. This amount will reflect kWh saved from the project multiplied by the
relevant billing rate. Once the OBF loan is paid in full, SCE will discontinue the OBF loan
repayment line -item, and the reduced energy usage due to the project should result in smaller
bills. (SCE cash incentives are grants and not repaid)
Staff requests the City Council approve the foregoing project and funding process. SCE Notices
of Approval for incentives totaling $15,001.88 and a maximum total OBF loan amount of
$92,077.83 and the loan agreement form are attached. Final actual loan amount will be
determined at project completion.
The Notice soliciting bids was advertised on March 31, 2017 on the City's online bid
management and publication system. A summary of the bids received is as follows:
Bids were received on
received from Foddrill
requirements.
25 Vendors were notified
3 Santa Ana vendor notified
28 Vendors downloaded the solicitation
5 Bids received
May 2, 2017 and were opened and evaluated (Exhibit 1). The bid
Construction is responsive to the specifications and meets the City's
22A-2
MI
Civic Center ParkingGarage
38,452.20 38,452.20
$7,458.96
$8,792.23
$45,319.07
73 Months
353-16-0500868635
Stadium
353-16-0500868641
27,710.00
$6,002.04
$6,209.65
$46,758.76
94 Months
'Actual incentive payments will be made based on verified and actual savings amounts and On -Bill
Financing will be based on review and approval of the City's Energy Efficiency Project Installation Report
Total project cost is $105,234.96, which includes a 10% contingency. Payback period is
estimated at 73 months for the Civic Center parking garage and 94 months for the Stadium. As
tabulated above, the amount of incentives and maximum on -bill financing approved by SCE
($107,079.71) exceeds the amount needed to fully fund the two projects. An innovative feature
of the recommended actions is the City will have no upfront costs as the awarded contractor will
finance the cost of the project. SCE will then pay contractor directly with the cash incentives and
OBF loan proceeds that SCE has approved for the project.
As a result of the OBF loan, the Civic Center's and Stadium's new electricity bill a lower amount
based on the energy reduction from the project, a new separate line -item will show the OBF loan
repayment amount. This amount will reflect kWh saved from the project multiplied by the
relevant billing rate. Once the OBF loan is paid in full, SCE will discontinue the OBF loan
repayment line -item, and the reduced energy usage due to the project should result in smaller
bills. (SCE cash incentives are grants and not repaid)
Staff requests the City Council approve the foregoing project and funding process. SCE Notices
of Approval for incentives totaling $15,001.88 and a maximum total OBF loan amount of
$92,077.83 and the loan agreement form are attached. Final actual loan amount will be
determined at project completion.
The Notice soliciting bids was advertised on March 31, 2017 on the City's online bid
management and publication system. A summary of the bids received is as follows:
Bids were received on
received from Foddrill
requirements.
25 Vendors were notified
3 Santa Ana vendor notified
28 Vendors downloaded the solicitation
5 Bids received
May 2, 2017 and were opened and evaluated (Exhibit 1). The bid
Construction is responsive to the specifications and meets the City's
22A-2
Contract Award to Install LED Lighting Fixtures and Agreement for On -Bill Financing Loans
August 1, 2017
Page 3
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #6 - Community Health, Livability, Engagement &
Sustainability, Objective #2 (Address deferred maintenance on City buildings and equipment),
Strategy A (Prepare a Deferred Maintenance Plan that assesses safety, adequacy, and liability
implications, and estimates repair costs to be programmed in the responsible agency's future
budget).
FISCAL IMPACT
Funds for the loan repayments for a maximum amount of $92,077.83 will be included in the
following account:
Accounting Unit
Civic Center Maint. (0741
Accounting Unit
Park Maint. (0111
,
Gerardo Mouet
Executive Director
Parks, Recreation and Community
Services Agency
FY 17/18 -FY 22/23
$42,889.02 ($7,458.96 An
FY 17/18 -FY 24/25
$46,515.81 ($6,00'
Annual)
FY 23/24 Total
$2,430.05 $45,319.07
FY 25/26 Total
$242.95 $46,758.76
AS TO FUNDS AND ACCOUNTS:
Finance and Management Services Agency
M
EXHIBITS: 1. Abstract of Bids
2. SCE Notice of Approval — Incentive (Civic Center Parking Garage and Stadium)
3. SCE Notice of Approval — OBF Loan (Civic Center Parking Garage and Stadium)
4. OBF Loan Agreement — Sample Form
22A-3
ABSTRACT OF BIDS
ENERGY-EFFICIENT LIGHTING FIXTURES (17
Bidder
Location
Total
ACM Lighting Services
Corona
$
136,628.75
Foddrill Construction Corporation
Chino
$
95,668.15
Inter -Pacific, Inc.
Tustin
$
157,794.99
Naka Engineering & Const., Inc.
Laguna Hills
$
115,920.00
EXHIBIT 1
22A-4
SOU11ANN CALIFORNIA
EDIS®N'
An F.DlSON lNTFRWV'IONALa`Company
August 30, 2016
Project Number: 353-16-0500868635
Project: Customized Solutions Approach
Authorized Agent Information:
Ashley Hoover
The Energy Coalition
47 Discovery, Suite 250
Irvine CA 92618
EXHIBIT 2
E-mail: Businesslncentives@sce.com I Fax: 626-6333243
Customer Information:
Ali Borujerdi
City of Santa Ana
220 S. Daisy
Santa Ana CA 92703
Questions?: 800-736-4777
SEND ALL DOCUMENTS TO:
Business Incentives
Southern California Edison
P.O. Box 800
Rosemead, CA 91770-0800
RE: NOTICE OF CUSTOMIZED SOLUTIONS CONTRACT AND INCENTIVE APPROVAL
Dear Ashely Hoover and Ali Borujerdi :
Thank you for submitting your Energy Management Solutions Incentive Application ("Application") for
the Customized Solutions Program ("Program"). Your Application for incentives for the Project(s)
described in your application has been reviewed and approved. Funds reserved are based on SCE
approved savings estimate set forth below; however, the actual incentive payments will be made based
on verified and actual savings' amounts:
SCE Final Approved Savings
7s `,SQLUTION$DESCRIPTIONr°r, ����
and Incentive
�CoGeF,
Estimate
�dkWf��.
�Wirc� $lr�e�nhve'�
Interior LED parking garage luminaires
LT -47463
30,695.0
3.50
$ 7,124.43
Exterior LED fixture replacements (utilizing approved
luminaries)
LT -85834
7,757.2
0.00
$ 1,667.80
Total Approved Savings/incentive Estimates
38,452.2
3.50
$ 8,792.23
Project Cost Adjustment
Total Estimated Incentive
$ 8,792.23
10% Measurement and Verification Adder (if applicable)
If you do not concur with the energy savings and incentive amounts shown above, you have 30 days
from the date of this letter to notify SCE, so that we can attempt to resolve your concern(s). If you do not
notify us of any concerns within 30 days of this letter, the savings/incentive estimates set forth above
will be deemed correct. If you agree with the estimates, you may proceed to purchase and install the
above solution code(s) at any time. This Project Approval incorporates by reference the Application,
including the Applicant Agreement regarding Program Terms and Conditions.
Checkout www.sce.com� To see,- yfZA cgyfor the Comprehensive Bonus.
After your project is completely installed, operational, and meets all requirements of the Program, which is
described in detail in the Customized Statewide Procedures Manual for Business and at
www.sce.com/customized—solutions:
• Complete sign and submit the enclosed 2013-14 Customized Solutions Installation Report.
Submit final invoices and/or documentation to support project cost, clearly detailing all costs
associated with the project (equipment, labor, tax, etc.).
Submit complete engineering calculations to demonstrate energy savings and documentation, if
applicable (including archival diskette, CD, etc.).
• Submit schematic drawings and/or manufacturer specification sheets, if applicable.
• Operating Report, if measurement and verification is required.
Submit Pump Curve (if applicable)
NOTE: As a reminder, the deadline for the project to be completely installed and operational is one year from the date of this Project
Approval latter. Please submit the completed Installation Report within 30 days after installation and prior to the one year deadline,
Upon SCE review and approval of your completed Installation Report and supporting cost documentation, you
will be notified in writing. Thereafter, SCE will process the incentive check or SCE utility bill credit, as
applicable. If SCE is unable to approve your incentives based on the information provided, SCE may require you
to submit other documents related to the Project, Project site, solutions, energy savings, or any other documents it
requires, in its sole discretion, to make a decision on your Application.
If you have any questions, please contact your SCE Account Representative. You may also call its at (800) 736-
4777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to BusinessIncentives@sce.com.
Please have your project number available for reference when you call and include it in any e-mail
correspondence.
Business Incentives Team
Southern California Edison
Check out www.sce.comTo sgejf ypu q�alify for the Comprehensive Bonus.
SOUll N cv-iro?NIA
EDISON"
AnCUISOIN NNA!A710ygt-pemwing
August 29, 2016
Project Number: 353-16-0500868641
Project: Customized Solutions Approach
Authorized Aeent Information:
Ashley Hoover
The Energy Coalition
47 Discovery, Suite 250
Irvine CA 92618
E-mail: Businesslncentives@sce.com I Fax: 626-633-3243
Customer Information:
Ali Borujerdi
City of Santa Ana
220 S. Daisy
Santa Ana CA 92703
Questions?: 800-736-4777
SEND ALL DOCUMENTS TO:
Business Incentives
Southern California Edison
P.O. Box 800
Rosemead, CA 91770-0800
RE: NOTICE OF CUSTOMIZED SOLUTIONS CONTRACT AND INCENTIVE APPROVAL
Dear Ashley Hoover and Ali Borujerdi:
Thank you for submitting your Energy Management Solutions Incentive Application ("Application") for
the Customized Solutions Program ("Program"). Your Application for incentives for the Project(s)
described in your application has been reviewed and approved. Funds reserved are based on SCE
approved savings estimate set forth below; however, the actual incentive payments will be made based
on verified and actual savings' amounts:
SCE Final Approved
4
Ipj.,enY`
zSOLCITION$OE3C1dIPTfpN r s a'
r bode '�
,kWh ,' kW
me unn
Interior LED fixture replacement (utilizing approved
-17492
luminaries)
LT
6,562.2
1.68
$ 1,662.88
Exterior LED fixture replacements (utilizing approved
luminaries)
LT -85834
13,976.9
0.00
$ 3,005.03
Exterior LED wall -mounted area luminaires
LT -96754
7,170.9
0.00
$ 1,541.74
Total Approved Savings/Incentive Estimates
27,710.0
1.68
$ 6,209.65
Project Cost Adjustment
Total Estimated Incentive
$ 6,209.65
10% Measurement and Verification Adder (if applicable)
If you do not concur with the energy savings and incentive amounts shown above, you have 30 days
from the date of this letter to notify SCE, so that we can attempt to resolve your concern(s). If you do not
notify us of any concerns within 30 days of this letter, the savings/incentive estimates set forth above
will be deemed correct. If you agree with the estimates, you may proceed to purchase and install the
above solution code(s) at any time. This Project Approval incorporates by reference the Application,
including the Applicant Agreement regarding Program Terms and Conditions.
Checkout www.sce.coml To seeJ2X_n{y�y for the Comprehensive Bonus.
After your project is completely installed, operational, and meets all requirements of the Program, which is
described in detail in the Customized Statewide Procedures Manual for Business and at
www.sce.com/customized—solutions:
• Complete sign and submit the enclosed 2013-14 Customized Solutions Installation Report.
• Submit final invoices and/or documentation to support project cost, clearly detailing all costs
associated with the project (equipment, labor, tax, etc.).
• Submit complete engineering calculations to demonstrate energy savings and documentation, if
applicable (including archival diskette, CD, etc.).
• Submit schematic drawings and/or manufacturer specification sheets, if applicable.
• Operating Report, if measurement and verification is required.
• Submit Pump Curve (if applicable)
NOTE: As a reminder, the deadline for the project to be completely installed and operational is one year from the date of this Project
Approval letter. Please submit the completed Installation Report within 30 days after installation and prior to the one year deadline.
Upon SCE review and approval of your completed Installation Report and supporting cost documentation, you
will be notified in writing. Thereafter, SCE will process the incentive check or SCE utility bill credit, as
applicable. If SCE is unable to approve your incentives based on the information provided, SCE may require you
to submit other documents related to the Project, Project site, solutions, energy savings, or any other documents it
requires, in its sole discretion, to make a decision on your Application.
If you have any questions, please contact your SCE Account Representative. You may also call us at (800) 736-
4777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to BusinessIncentives@sce.com.
Please have your project number available for reference when you call and include it in any e-mail
correspondence.
Business Incentives Team
Southern California Edison
Check out www.sce.coml To seei you qualify for the Comprehensive Bonus.
2A-8
AA F.IDPS' YFYt A.t"AVa Ata coaWy
July 22, 2016
Customer Information:
Ali Borujerdi
City of Santa Ana
220 S. Daisy
Santa Ana, CA 92703
EXHIBIT 3
SENO TO: Southern California Edison, Business Incentives
P.O. Box 800, Rosemead, CA 91770.0800
E-mail: Businesslncentives@sce.com I Fax: 626.633-3243
Authorized Agent Information:
Ashley Hoover
The Energy Coalition
47 Discovery Ste 250
Irvine, CA 92618
Questions? 800-736-4777
RE: NOTICE OF ON -BILL FINANCING (OBF) APPLICATION APPROVAL AND FUNDING RESERVATION
PROJECT NUMBER: 353-16-0500868635 SAM 3.016-8126-01
Dear Ali Borujerdi and Ashley Hoover:
Your On -Bill Financing Application has been reviewed and approved, and funding for your On -Bill Financing
Loan has been reserved.
At this point the estimated OBF Loan funding reservation for your project of $45,319.07 has been established.
Terms and Conditions of Loan Reservation:
1. The reserved amount has been calculated based on the results of the review and approval of your Energy
Efficiency Project Application, and according to the provisions and methodology of the OBF Loan Term
Calculation [LTC]. Since the loan reservation amount is based on an approved project proposal, it is an
estimate of what the actual loan amount may be.
1 a. An OBF Loan Term Calculation [LTC] is attached.
2. The actual loan amount will be calculated based on the results of the review and approval of your Energy
Efficiency Project Installation Report, and according to the provisions and methodology of the OBF Loan
Term Calculation [LTC]. Therefore, the actual amount of the OBF Loan may differ from the reserved
amount presented above.
2a. The actual amount of the OBF loan may be less than the reserved amount presented above.
2b. The actual amount of the OBF loan shall not exceed the reserved amount presented above.
3. The expiration of the loan reservation shall be consistent with that of the project incentive.
Next Steps:
• You submit the completed Installation Report [IR] to SCE, and SCE will review it.
• SCE will calculate the actual final loan amount, based on the results of the IR approval, and the LTC
provisions.
• SCE will issue 2 copies of the OBF Loan Agreement to you.
• You will sign, and have notarized, the Agreements and return to SCE.
• SCE will counter -sign the Agreements.
• SCE will provide you with 1 copy of the fully -executed Loan Agreement and will process the loan
proceeds.
22A-9
SEND TO: Southern California Edison, Business Incentives
!lio "Kitli P.O. Box 800, Rosemead, CA 91770.0800
EDISONe E-mail: Businesslncentives@sce.com I Fax: 626.633.3243
Questions? 800.736-4777
An Fit MON WEXAM41MALrc Oxivai..
If you have any questions, please contact your SCE Account Representative. You may also call us at (800)
736-4777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to IDSMQuestions@sce.com.
Please have your Project Number available for reference when you call, or include it in your e-mail.
Sincerely,
Delia Williams
Program Manager - On Bill Financing
Southern California Edison Company
Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin,
sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicants income derives from any public
assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers
compliance with this law concerning SCE is the Federal Trade Commission, Equal Credit Opportunity, Washington DC 20580.
22A-10
On -Bill Financing Program - Preliminary Loan Term Calculation (LTC1)
Completion Datel7ime:
7/22/2016 9',50 AM
Project Number:
353-16-0500868635
Service Account:
3-016-8126-01
Customer Number:
1-0-000-7130
Customer Account Number:
2-22-264-5319
OBF Application Receipt Date:
6/7/2016
Project Type(s):
Customized
Market Segment:
Government and Institutions
Business Name:
SANTA ANA, CITY OF
Reference Name:
PENDING ED PRP -SANTA ANA CIVIC CTR PKG
Address:
24 CIVIC CENTER PLZ
City, CA Zip:
SANTA ANA, CA 92701-4058
PROJECT ECONOMIC SUMMARY
ACTUAL TERMS WILL BE CALCULATED
BASED ON FINAL REVIEW AND VERIFICATION
OF THE PROJECT INSTALLATION REPORT
LTC1 Reserved Amount is $45,319.07
First month payment is $565.31
72 subsequent monthly payments $621.58
EXPLANATION
A. AVERAGE ELECTRIC BILLING RATE --past 12 months (Cents/kWh)
$ 0.19398 Based on Billing History
B. ENERGY EFFICIENCY PROJECT SAVINGS
B.I. Estimated Annual Kilowatt Hour Savings (kWh)
38,452.2 From Approved Project Application
B.Z. Estimated Annual Dollar($) Savings
$ 7,458.96 Estimated Annual kWh Savings x Average Rate = $ savings (B.1 x A)
B.S. Estimated Monthly Dollar($) Savings
$ 621.58 Estimated Monthly $ Savings (B.2 /12)
C. COSTS
C.1. Estimated Total Project Cost $ 54,111.30
C.2. Excess Project Cost $ -
C.3. Estimated Total Rebate/Incentive $ 8,792.23
C.4. Other $
C.5, Estimated Potential Loan Amount (Gross Amount) $ 45,319.07
C.6. LTC1 Reserved Amount
C.7. LTC2 Reserved Amount
From Approved Project Application
Based on 20% Basic Lighting Cap Rule
From Approved Project Application
(C.1) - (C.2) - (C.3) - (C.4)
From LTC1 calculation following Approved Project Application
LTC2 Loan Amount per policy cannot be greater than LTC1 amount
D, LOAN
D.I. Gross Amount for Potential Financing $ 45,319.07 Lesser of (C.5) or (C.6) or (E.1.2) or (E.2.3) or other rules apply
D.2. Monthly Loan Repayment Amount $621.58 (B.3)
D.3. Actual loan term (Months) 73 Time required to repay loan In months (subject to
exception analysis below)
DA. Actual loan term (Years) 5.1 Time required to repay loan in years: (D.3) /12
E. LOAN LIMIT TESTS
E.I. Market Segment Amount of Loan Test (Min/Max Loan Amount)
E.1.1. Market Segment Minimum Loan Amount $ 5,000 Minimum Loan Amount per Service Account or Bundle
E.1.2. Market Segment Maximum Loan Amount $ 250,000 Com, Ind, Ag = $100,000, G&I = $250,000
E.1.3. Within Market Segment Limit? Y Is D.1 within loan amount limits Y/N?
E.2, Customer Loan Limit Test (Previous Loans for this Service Account)
E.2.1. Service Account Loan Amount Limit $ 250,000 (E.1.2) or $1 M for G&I Facility
E,2.2. Previous Loans Reserved for this Service Account $ Total of previous OBF loans + reservations
E.2.3. Estimated Amount Eligible for Loans $ 250,000.00 (E.2.1) - (E.2.2), If < 0, then 0.
E2.4. Within Available Amount? Y Is D.1. < E.2.3. Y/N?
E.3. Lenath of Loan Test
E.3.1. Loan Length Limit (months) 120 CIA (lighting) = 36, CIA (non -lighting) = 60, G&I = 120 months
E.3.2. Within Loan Length Limit? Y Is D.3 within limit Y/N?
EA. Expected Useful Life (EUL)* Loan Length Limit Test
E.A.I. Applicable Measure EUL (months) 144 EUL in months of measure with greatest kWh contribution
E.4.2. Within EUL Loan Length Limit?
Is D.3 within limit Y/N?
E.S. EXCEPTION ANALYSIS (If any E.1 thru EA. yields a "No") Exception Analysis Loan Minimum Requirement Test
Does the loan amount from Exception Analysis meet the $5K loan
minimum requirement? YES
E.5.1. First Payment Amount $ 565.31
E.5.2. Subsequent Monthly Loan Repayment Amount $ 621.58 I Based on minimum loan requirement of $SK and supplemental
E.5.3. Subsequent Monthly Payments 72 i Exception Analysis, this amount qualifies for an estimated OBF i
E.5.4. Net Amount for Financing $ 45,319.07 loan.
'Expeoted Useful Lire (EUL-) Each measure At expeoled to perform intlas Umlly for a period of time An EUL for
each energy aacienoy m armeis ssigned by the California Energy Commisslen(CEC).
LTC ID: 10776
22A-11
SENO'ro: Southern California Edison, Business Incentives
Wt#'ft ERN P.O. Box 800, Rosemead, CA 91770-0800
E-mail: Businesslncentives@sce.com I Fax: 626.6333243
_ Questions? 800.736-4777
July 25, 2016
Customer Information:
Authorized Agent Information:
Ali Borujerdi
Ashley Hoover
City Of Santa Ana
The Energy Coalition
220 S. Daisy
47 Discovery Ste 250
Santa Ana, CA 92703
Irvine, CA 92618
RE: NOTICE OF ON -BILL FINANCING (OBF) APPLICATION APPROVAL AND FUNDING RESERVATION
PROJECT NUMBER: 353.16-0500868641 SA#: 3-030-3976-48
Dear Ali Borujerdi and Ashley Hoover:
Your On -Bill Financing Application has been reviewed and approved, and funding for your On -Bill Financing
Loan has been reserved.
At this point the estimated OBF Loan funding reservation for your project of $46,758.76 has been established.
Terms and Conditions of Loan Reservation:
1. The reserved amount has been calculated based on the results of the review and approval of your Energy
Efficiency Project Application, and according to the provisions and methodology of the OBF Loan Term
Calculation [LTC]. Since the loan reservation amount is based on an approved project proposal, it is an
estimate of what the actual loan amount may be.
1a. An OBF Loan Term Calculation [LTC] is attached.
2. The actual loan amount will be calculated based on the results of the review and approval of your Energy
Efficiency Project Installation Report, and according to the provisions and methodology of the OBF Loan
Term Calculation [LTC]. Therefore, the actual amount of the OBF Loan may differ from the reserved
amount presented above.
2a. The actual amount of the OBF loan may be less than the reserved amount presented above.
21b. The actual amount of the OBF loan shall not exceed the reserved amount presented above.
3. The expiration of the loan reservation shall be consistent with that of the project incentive.
Next Steps:
• You submit the completed Installation Report [IR] to SCE, and SCE will review it.
• SCE will calculate the actual final loan amount, based on the results of the IR approval, and the LTC
provisions.
• SCE will issue 2 copies of the OBF Loan Agreement to you.
• You will sign, and have notarized, the Agreements and return to SCE.
• SCE will counter -sign the Agreements.
• SCE will provide you with 1 copy of the fully -executed Loan Agreement and will process the loan
proceeds.
22A-12
SEND TO: Southern California Edison, Business Incentives
SOLMIUM CAUM11NIA P.O. Box 800, Rosemead, CA 91770.0800
EDISONE-mail; Businesslncentives@sce.com 1 Fax: 626-633-3243
Questions? 800-736-4777
If you have any questions, please contact your SCE Account Representative. You may also call us at (800)
736-4777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to IDSMOuestions@sce.com.
Please have your Project Number available for reference when you call, or include it in your e-mail.
Sincerely,
r p
Delia Williams
Program Manager - On Bill Financing
Southern California Edison Company
Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin,
sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicants Income derives from any public
assistance program; or because the applicant has In good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers
compliance with this law concerning SCE is the Federal Trade Commission, Equal Credit Opportunity, Washington DC 20580.
22A-13
PROJECT ECONOMIC SUMMARY
EXPLANATION
A. AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents/kWh) $ 0.21660 Based on Billing History
B. ENERGY EFFICIENCY PROJECT SAVINGS
8.1. Estimated Annual Kilowatt Hour Savings (kWh) 27,710,0
B2. Estimated Annual Dollar($) Savings $ 6,001.99
B.3. Estimated Monthly Dollar($) Savings $ 500.17
C. COSTS
On -Bill Financing Program - Preliminary Loan Term Calculation (LTC1)
Completion DataTime: 7/25/201610:17 AM
$ 52,968.41
kea LTCi ""'
Project Number:
353-16-0500868641
$ 6,209.65
ACTUAL TERMS WILL BE CALCULATED
Service Account:
3-030-3976-48
$ 46 758.76
BASED ON FINAL REVIEW AND VERIFICATION
Customer Number:
1-0-000-7130
OF THE PROJECT INSTALLATION REPORT
Customer Account
Number: 2-24-020-8363
OBF Application Receipt Date: 6/7/2016
LTC1 Reserved Amount is $46,758.76
Project Type(s) :
Customized
First month payment is $242.95
Market Segment:
Government and Institutions
93 subsequent monthly payments $500.17
Business Name:
SANTAANA, CITYOF
Reference Name:
PENDING ED PRP - SANTA ANA LT - STADIUM
Address:
650 N FLOWER ST A
City, CA Zip:
SANTA ANA, CA 92703
PROJECT ECONOMIC SUMMARY
EXPLANATION
A. AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents/kWh) $ 0.21660 Based on Billing History
B. ENERGY EFFICIENCY PROJECT SAVINGS
8.1. Estimated Annual Kilowatt Hour Savings (kWh) 27,710,0
B2. Estimated Annual Dollar($) Savings $ 6,001.99
B.3. Estimated Monthly Dollar($) Savings $ 500.17
C. COSTS
C.1. Estimated Total Project Cost
$ 52,968.41
3.2. Excess Project Cost
$ -
C.3. Estimated Total Rebate/Incentive
$ 6,209.65
C.A. Other
$ -
C,5. Estimated Potential Loan Amount (Gross Amount)
$ 46 758.76
C.6. LTCl Reserved Amount
C.7. LTC2 Reserved Amount
D. LOAN
D.I. Gross Amount for Potential Financing $ 46,758.76
D.2. Monthly Loan Repayment Amount $500.17
D.3. Actual loan term (Months) 94
DA Actual loan term (Years)
E. LOAN LIMIT TESTS
7.8
From Approved Project Application
Estimated Annual kWh Savings x Average Rate = $ savings (8.1 x A)
Estimated Monthly $ Savings (B2 / 12)
From Approved Project Application
Based on 20% Basic Lighting Cap Rule
From Approved Project Application
(C.1) - (C.2) - (C.3) - (C.4)
From LTC1 calculation following Approved Project Application
LTC2 Loan Amount per policy cannot be greater than LTC1 amount
Lesser of (C.5) or (C.6) or (E.1.2) or (E.2.3) or other rules apply
(B.3)
Time required to repay loan In months (subject to
exception analysis below)
Time required to repay loan in years, (D.3) /12
E.I. Market Segment Amount of Loan Test (Min/Max Loan Amount)
E.1.1. Market Segment Minimum Loan Amount $ 5,000 Minimum Loan Amount per Service Account or Bundle
E.1.2. Market Segment Maximum Loan Amount $ 250,000 Com, Ind, Ag = $100,000, G&I = $250,000
E, 1.3. Within Market Segment Limit? Y Is D.1 within loan amount limits Y/N?
E2 Customer Loan Limit Test (Previous Loans for this Service Account)
E.2.1. Service Account Loan Amount Limit $ 250,000 (E.1.2) or $1 M for G&I Facility
E.2.2. Previous Loans Reserved for this Service Account $ Total of previous OBE loans + reservations
E.2.3. Estimated Amount Eligible for Loans $ 250,000.00 11) - (E.2.2), If < 0, then 0.
E.2.4. Within Available Amount? Y Is DA. -E.2.3. Y/N?
E.3, Length of Loan Test
E.3.1. Loan Length Limit (months) 120 CIA (lighting) = 36, CIA (non -lighting) = 60, G&I = 120 months
E.3.2. Within Loan Length Limit? Y Is D.3 within limit YIN?
E.4. Expected Useful Life (EUL)" Loan Length Limit Test
E.4.1. Applicable Measure EUL (months) 144 EUL in months of measure with greatest kWh contribution
E.4.2. Within EUL Loan Length Limit? Y Is D.3 within limit YIN?
B.5. EXCEPTION ANALYSIS (If any E.1 thru E.A. yields a "No") Exception Analysis Loan Minimum Requirement Test
Does the loan amount from Exception Analysis meet the $5K loan
minimum requirement? YES
E.5.1. First Payment Amount $ 242.95 _ __
E.5.2. Subsequent Monthly Loan Repayment Amount $ 500.17 Based on minimum loan requirement of $SK and supplemental i
E.5.3. Subsequent Monthly Payments 93 Exception Analysis, this amount qualifies for an estimated OBF
E.5.4. Net Amount for Financing $ 46,758.76 loan.
'Expected Useful Lite (EULr Each measure IS expected to pe,tmm muscularly tm a peed of g,ne. An EUL tar
each energy ettclency measure is assigned by he Cflicrnla Ena,gy Commission CEO).
LI u iv. IUlab
22A-14
*:/MOM.
On -Bill Financing Agreement
Local Government/institutional Customer Projects
This On -Bill Financing Agreement ("OBF Agreement") is entered into on 20
(the "Effective Date") by and between the undersigned customer ("Customer") and Southern
California Edison Company ("SCE") (each a "Party," collectively the "Parties").
Recitals
1. Customer and SCE entered into the Energy Management Solutions Incentives Application for
Business Customers on or about , 20 and if applicable, the Customized Solutions
Agreement (individually or collectively referred to as "EMS Agreement"), which is/are attached
hereto and incorporated herein by reference.
2. Customer owns, leases or rents the property(s) listed in the EMS Agreement as the Site(s) and
maintains a service account(s) with SCE for electric service. Customer has completed
installation of eligible energy efficient equipment ("Equipment") at the Site(s) as set forth in the
EMS Agreement and has accepted the equipment as being operational and in good working
order.
3. In Decision 12-11-015, the California Public Utilities Commission authorized SCE to provide
zero -percent interest financing for the installation of certain energy efficient equipment, which is
to be repaid over a specified period through the Customer's electric utility bill(s) ("On -Bill
Financing").
4. Customer desires to enter into this OBF Agreement in order to participate in SCE's On -Bill
Financing program and Customer agrees to repay SCE the Amount Financed (as defined under
"Loan Terms", below) through the Customer's SCE utility bill(s) pursuant to the terms and
conditions of this OBF Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the Parties agree as follows:
Terms and Conditions
Defined Terms: Except as the context otherwise requires, capitalized terms used in this OBF
Agreement without definition shall have the same meanings as are set forth in the EMS Agreement.
Amount Financed: Within thirty (30) days after the Effective Date, SCE will provide a payment for
the Amount Financed to Customer or to a third -party payee designated by Customer under the Loan
Terms, below. Customer's designation of a third -party payee may not be changed or revoked.
Loan Terms:
Amount Financed
.00
"Amount Financed"
Interest Rate:
0%
Fees:
0
Months to Pay:
First Month Payment
Remaining Monthly
Payments:
Service Account to be
Billed':
Designated Third-
PartPa ee if any):
Address of
Designated Third -
Part Payee:
' If more than one Service Account will be billed, information regarding the Service Account number
and monthly payment is included in Schedule A attached.
Form 14-914
04/2016
22A-15
Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly
installments as set forth in the section above and/or Schedule A (Customer's "Loan Obligation").
The first Monthly Payment of Customer's Loan Obligation will appear within sixty (60) days from
the Effective Date on Customer's SCE utility bill(s) for the Service Account(s) listed above. The
Parties expressly acknowledge and agree that funding for the OBF Loan Obligation repayment
shall not be raised by the levy of additional taxes but shall instead be obtained by Customer's
savings in energy costs paid for solely by the loan proceeds. The Parties further acknowledge
and agree that energy savings from conservation measures are not susceptible to precise
calculation and actual savings may vary according to weather and utility rates, among other
things. Therefore Customer's energy savings have been determined at the outset of this
Agreement and calculated by comparing estimates of energy usage for the facilities in question
with and without the conservation measure, as set forth specifically in the EMS Agreement.
Customer's actual future energy savings are not guaranteed and the OBF Loan Obligation must
be repaid in full irrespective of actual future SCE utility bill(s) amounts.
Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled
"EE/OBF Installment Charge" on the monthly SCE utility bill(s) for Customer's Service Account(s).
Customer may pay the Loan Obligation in the monthly installments or pre -pay the Loan
Obligation in one lump sum without penalty, but pre -payments for less than the remaining
balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly
SCE utility bill(s) for the number of months set forth above, or until the Loan Obligation is paid in
full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the
SCE utility bill(s).
Partial Payments: If Customer is unable to make a full payment of the Loan Obligation in any
given month, payment arrangements may be made at SCE's sole discretion. Any partial
payments will be applied in equal proportion to the energy charges and the Loan Obligation, and
Customer will be considered to be delinquent and in default of both the energy bill and the Loan
Obligation.
Late Payments: No late payment charges or interest will be assessed for delinquent payments on
the Loan Obligation. However, SCE may assess late payment charges for delinquent payments of
energy charges pursuant to SCE's Rule 9 which is incorporated herein by reference.
Returned Payments: SCE may require payment of a $7.00 Returned Check Charge for any
check returned from Customer's financial institution unpaid. The Returned Check Charge will also
apply to any forms of payment that are subsequently dishonored.
Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed
due under each SCE utility bill to the Customer's Service Account(s), and a default under this OBF
Agreement will be treated as a default under the Customer's Service Account(s). Customer's Loan
Obligation is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and
Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is incorporated
herein by reference.
Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF
Agreement shall constitute a breach under all of the above referenced agreements. For purposes
herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if
Customer: (1) sQIIs, assigns or otherwise transfers ownership, possession or title of the Site(s) or
the Equipment unless passed by operation of law to a successor government department or
agency that remains a customer of SCE, (2) fails to pay the Monthly Payment amount when due,
(3) closes, discontinues or otherwise causes the termination of the Service Account(s), or (4)
otherwise breaches this OBF Agreement and/or the EMS Agreement, and the breach is not cured
as specified therein. Notwithstanding anything to the contrary in the EMS Agreement, a breach
and default as set forth in this section shall not be subject to any additional cure period. To the
extent permitted by law, following a breach as set forth in this section, SCE shall have the right to
declare the entire unpaid balance of the Loan Obligation immediately due and payable.
(D)
Form 14-914
04/2016
22A-16
(D)
Modification: Any change to this OBF Agreement must be in writing and signed by Customer and
SCE; except that during any given month, if Customer is unable to make full payment on the Loan
Obligation, payment arrangements may be made at SCE's sole discretion without modifying this
OBF Agreement in writing. Any written modification or amendment will not be effective unless and
until signed by SCE or such condition is waived by SCE in its sole and absolute discretion.
Term and Termination: It is the Parties intent that the term of this OBF Agreement and the EMS
Agreement run concurrently. Therefore, the OBF Agreement shall continue in effect until the Loan
Obligation is paid in full.
Assignment: Notwithstanding anything herein, customer may not assign its rights or delegate its (T)
duties under this Agreement without SCE's express written consent. (T)
Additional Representations: Each person signing this OBF Agreement represents and warrants
that he or she is duly authorized and has the legal capacity to execute and deliver this OBF
Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement.
Customer further represents and warrants that if it is a legal entity, it is in good standing in its state
of formation.
Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions,
covenants, representations, warranties, agreements and conditions of the EMS Agreement shall
remain unchanged and in full force and effect. Should a conflict exist between this OBF
Agreement, the EMS Agreement and the documents incorporated by reference, this OBF
Agreement shall control. This OBF Agreement shall be construed and interpreted in accordance
with, and shall be governed and enforced in all respects according to, the laws of the State of
California. This OBF Agreement may be executed in one or more counterparts, each of which
shall be deemed an original but all of which shall constitute one and the same instrument. If any
one or more of the provisions contained in this OBF Agreement shall for any reason be held to be
invalid, illegal or unenforceable in any respect, then this OBF Agreement shall be construed as if
such invalid, illegal or unenforceable term or provision had never been contained herein and all
other provisions of this OBF Agreement shall be construed to remain fully valid, enforceable and
binding on the parties. The Recitals set forth above are hereby incorporated herein by reference.
[Remainder of page intentionally left blank]
Form 14-914
04/2016
22A-17
IN WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective
Date.
Customer:
Authorized Representative:
Title:
Signature:
Date:
Business Address:
Telephone No.
Fax No.
E -Mail Address:
Form 14-914
04/2016
22A-18
Southern California Edison Company:
Authorized Representative:
Title:
Signature:
Date:
Business Address:
Telephone No.
Fax No.
E -Mail Address:
6Ya:1=1Bill 4W_1
Customer Name:
OBF Loan Number:
Site Service
Account
Number
OBF Billing
Repayment
Service Account
Number
19' Monthly
OBF Loan
Payment
Remaining Monthly
OBF Loan Payments
X -XXX-
XXXX-XX
X-XXX-XXXX-XX
$XX.XX
$XXX.XX per month for X months
Total Monthly Repayment
$XX.XX
$XXX.XX per month
for X months
Form 14-914
04/2016
22A-19
22A-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
AWARD BLANKET PURCHASE
ORDER CONTRACTS FOR WATER
RESOURCES CONTROL PANELS
(SPEC. NO. 17-071)
{STRATEGIC PLAN NO. 6,213
TY dANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
UT16110162WO
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award blanket purchase order contracts for water resources control panels for a one-year period
expiring July 30, 2018, with provisions for three one-year renewals exercisable by the City
Manager, in an annual aggregate amount not to exceed $75,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney, with the following vendors:
Vendor Location
ACS Engineering Inc. Irvine
Industrial Control Systems Online, Inc. Ripon
KDC Inc. dba Dynalectric Los Alamitos
DISCUSSION
The Public Works Water Resources Division manages and maintains the daily operations of a
water system with 7 pump stations, 20 wells, and 8 reservoirs. These operations require industrial
control panels to provide pre-programmed, automated functions that allow each station to operate
without continual operator interaction. These control panels allow the water system operators to
monitor for abnormalities, check system status, and manage the water system more effectively.
Approval of these contracts will allow the Water Resources Division staff to replace aging control
panels on an as -needed basis.
The notice inviting bids was advertised on June 7, 2017, on the City's online bid management and
publication system. A summary of the bid invitations and bids received is as follows:
359 Vendors notified
7 Santa Ana vendors notified
24 Vendors downloaded bid packet
8 Bids received
Bids were opened on June 28, 2017, and evaluated (Exhibit 1). The bids received from the
recommended vendors are responsive to the specifications and meet the City's requirements. Staff
recommends awarding contracts to the three lowest bidders to allow for competitive quotes on any
given job. A purchase order in the amount of $31,779.67 will be issued to ACS Engineering Inc. for
22B-1
Contract Awards for Water Resources Control Panels
August 1, 2017
Page 2
two control panels upon City Council approval. Blanket purchase orders will be issued for the
remaining funds of $43,220.33.
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), Strategy B (utilize a five-year Deferred Maintenance Plan to strategize and finance
funded and unfunded needs).
FISCAL IMPACT
Funds in the amount of $75,000 are available in the Water Production and Supply Account (No.
06017640 62320 and 62321) for expenditure in FY 2017-18. Subsequent funding for the three
one-year renewal periods in the amount of $75,000 will be budgeted and made available in FY
2018-19, FY 2019-20, and FY 2020-21.
re Mousavipour
Executive Director
Public Works Agency
NS/rr/sm/sp
Exhibit: 1. Abstract of Bids
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez 0
Executive Director (W
Finance & Management Services Agency
228-2
ABSTRACT OF BIDS
WATER RESOURCES CONTROL PANELS (17-071
Bidder
Location
Total
ACS Engineering Inc.
Irvine
$31,779.67
Carter Industrial Automation, Inc.
Los Alamitos
* $38,208.00
KDC Inc. dba Dynalectric
Los Alamitos
$34,156.00
Industrial Control Systems Online, Inc.
Ripon
$33,256.00
ITS Group, Inc.
Brea
* $59,173.19
Mag -Trot, Inc.
Orange
* $59,685.12
Northern Digital, Inc.
Bakersfield
$43,039.00
South Coast Controls
Anaheim
$37,222.40
* Indicates 4% local vendor preference factored in for evaluation purposes
EXHIBIT 1
22B-3
22B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
CONTRACT AWARD TO ACM LIGHTING
SERVICES FOR REPLACEMENT OF
SPORTS LIGHTING AT VARIOUS PARKS
(SPEC. NO. 17-070)
(STRATEGIC PLAN NO. 6, 1B)
cg
CIT ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 13' Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize a one-time purchase and payment of purchase order to ACM Lighting Services for the
replacement of sports lighting at various parks in the amount of $39,655 plus a 10% contingency
of $3,966 for a total amount not to exceed $43,621, subject to non -substantive changes approved
by the City Manager and City Attorney.
DISCUSSION
The Parks, Recreation and Community Services Agency, Facilities Maintenance Section is
responsible for the maintenance and repair of various park sites in the City. The park system is in
need of sport lighting replacement at these seven city facilities: Adams, EI Salvador, Jerome,
Madison, Riverview and Thornton parks and the Santa Ana Stadium. The new lamps will allow
for continued evening use of the sports fields.
The notice inviting bids was advertised on June 1 2017, on the City's online bid management and
Publication system. A summary of the bid invitations and bids received is as follows:
29 Vendors were notified
31 Vendors downloaded the bid packet
9 Bids received
0 Bid received from Santa Ana vendors
The bids were opened on June 28, 2017 and evaluated (Exhibit 1). The bid received from ACM
Lighting Services is responsive to the specifications and meets the City's requirements. To allow
for unanticipated charges, a ten percent contingency has been included in the award amount.
22C-1
Contract Award for Replacement of Sports Lighting
August 1, 2017
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy B (equitably maintain existing streets and associated assets in a state of good
repair so they are clean, safe and aesthetically pleasing for all users).
FISCAL IMPACT
Funds in the amount of $43,621 are available in the City's FY 2017-18 budget. $9,906 in the
PRCS-Stadium account (01113210-62320) and $33,715 in the PRCSA-Facilities Maintenance
account (01113260-62320).
Gerardo Mouet
Executive Director
Parks, Recreation and Community Services
Agency
FA/ds/sp
Exhibit: 1. Abstract of Bids
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
22Ci-2
ABSTRACT OF BIDS
REPLACEMENT OF SPORTS LIGHTING AT VARIOUS PARKS (17
BIDDER
LOCATION
TOTAL
ACM Lighting Services
Corona
$39,654.08
Amtek Construction
Whittier
$83,394.73
Baker Electric, Inc.
Escondido
$78,107.22
California Professional Engineering, Inc.
La Puente
$126,309.87
Fluoresco Services, LLC
Pomona
$63,637.20
Inter -Pacific, Inc.
Tustin
$65,353.50
R & M Electrical Contracting
Lake Forest
$65,212.94
R. I. C. Construction Co., Inc.
Hesperia
$105,570.30
R.I.S. Electrical Contractors, Inc.
Riverside
$83,494.46
EXHIBIT 1
22C-3
22C-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
APPROVE AN AGREEMENT WITH KIMLEY-
HORN FOR ENGINEERING CONSULTING
SERVICES FOR THE SOUTH MAIN STREET
CORRIDOR IMPROVEMENTS (PROJECT NO.
17-9001) (STRATEGIC PLAN NO. 6, 1G)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Kimley-Horn
for a two-year term beginning August 2, 2017, and expiring on August 1, 2019, with the option for
the City to grant up to two one-year renewal options, to provide engineering consulting services
for the South Main Street Corridor Improvements project, in the total amount of $770,485, which
includes a five (5) percent contingency for design in the amount of $36,690, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
Approval of this recommended action will enable the preparation of plans and specifications
(Contract Documents) for the South Main Street Corridor Improvements project as identified in
the FY 2017/2018 Capital Improvement Program. These contract documents will be used to
competitively bid and construct the project.
In October 2012, a master planning and visioning project was undertaken by the City to revitalize
the urban structure of South Main Street in an effort to spawn redevelopment and foster local
businesses. The project, known as the "South Main Street Vision Plan," involved a study area
encompassing an approximate 2 -mile length running north -south, from First Street (north end) to
Warner Avenue (south end) as shown on the attached map (Exhibit 1). The South Main Street
Vision Plan Final Report was presented to and received by the City in June 2016.
The proposed improvements as laid out in the master plan concentrated on two key areas: a
three block segment at the north end ("North Focus Area"), and a four block segment at the south
end ("South Focus Area'). Additional funding was identified to continue these efforts beyond and
between the two focus areas. Proposed improvements in the master plan will provide for greater
walkability and a more pedestrian -oriented street through implementation of enhanced
crosswalks, pedestrian level street lighting, street trees which provide shade, landscaping,
parklets, site furniture, traffic calming, and metered street parking.
23A-1
Agreement with Kimley-Horn for Engineering Consulting Services
August 1, 2017
Page 2
In March 2017, the Public Works Agency released a Request for Proposals (RFP) inviting
qualified firms to submit proposals for engineering consulting services to design the
improvements.
In April 2017, five proposals were received, and these were evaluated by staff from the Public
Works, Community Development, and Planning and Building Agencies. Each firm was rated
according to its firm/team experience, understanding of need, relevant project experience,
schedule, references, and proposed cost and pricing data. The following is the list of the firms
and their respective evaluation scores:
Rank
Firm
Score
1
Kimley-Horn
92.0
2
Stantec
85.8
3
AHBE
84.2
4
Mark Thomas
83.2
5
KPFF
67.2
Based on the ranking and fee analysis, staff recommends that the top firm, Kimley-Horn, be
retained to perform the design services. The agreement (Exhibit 2) includes a detailed scope of
work and a schedule of rates and fees for a proposed fee of $733,795. In addition, staff requests
authorization of a five (5) percent design services contingency of $36,690, which results in the
total not to exceed amount of $770,485.
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
Funds are budgeted and available in the Peebler Fund Capital Projects (Account No. 41818830-
66220, Project 17-9001). Any unspent and encumbered balance will be carried forward into
subsequent fiscal years as needed to fulfill the agreement. Funds will be spent according to the
spending plan below:
23A-2
Agreement with Kimley-Horn for Engineering Consulting Services
August 1, 2017
Page 3
Contract Period Fiscal Year
Amount
2017-18 (July -June)
$ 616,388.00
2018-19 (July -June)
$ 150,000.00
2018-19 (July -Aug)
$ 4,097.00
Aed lousavipou4r
Executive Director
Public Works Agency
Robe C. Cort" _i
Acting Executi�-Director
Community Development Agency
Exhibits: 1. Project Location Map
2. Agreement
FM/MMMG/JG/SF
AS TO FUNDS & ACCOUNTS:
FraKcio Gutierrez VO
Executive Director
Finance & Management Services Agency
23A-3
23A-4
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 2nd day of August, 2017 by and between
KimletiHorn_, ("Consultant"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
("City").
RECITALS
a
The City desires to retain a consultant having special skill and knowledge in the field of:
Architectural and engineering design services which will result in the provision of
Contract Documents for the"South Main Street Corridor Improvements" project, which
is based on and in alignment with the South Main Street Vision Plan.
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 during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Scope of Services - Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Compensation - Exhibit B. The total sum to
be expended under this Agreement shall not exceed $770,485. This amount includes
(1) the base stun of $733,795 and (2) a 5% contingency of $36,690 for services to be
performed at the sole discretion of the City.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Non -Fed Funding (6,21.2017)
Page 1 of 8
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' for a two (2) Year term
with the option for the City to grant up to two (2) one-year renewals, exercisable by a writing by
the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15,
below.
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. OWNERSI3IP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights; designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data'). Consultant
shall require all subcontractors to agree- in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking perfonnance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors; if any; to obtain and maintain insurance as described below;
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
Page 2of8
Non -Red Funding (6:21.2017)
23A-6
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. Such insurance shall (a) name the City, its officers, employees, agents,
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.
a Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the world under this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in fiill force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be famished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(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.
Non -Fed Funding (621.2019)
23A-7
Page 3 of 8
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special cormsel, 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, its subcontractors, agents, employees, or other persons
acting on its 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 terns of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, fiom 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
Page 4 of 8
Non -Fed Funding (621.20 L7)
23A-8
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 no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. 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. hi
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
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
Page 5 of 8
Non -Ped Funding (621.2017)
23A-9
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
15, TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) 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. 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 specifies.
17. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further agree
that Orange County, California, shall be the venue for any action or proceeding that maybe brought
or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
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
inwritingof its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
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Nan -Fed Funding (6.21.2017)
23A-10
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.
20. 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:
_w.
_
f Fred Mousavipour -L . _.
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
'P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-5635
To Consultant:
Darren Adrian, P.E.
Principal -in -Charge
Kimley-Horn
765 The City Drive, Suite 200
Orange, CA 92868
Fax: 714-938-9488
Sonia R. Carvalho
City Attorney
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
eorru n nication shall be addressed and transmitted to the new address. If sent by mail,
Non -Fed Funding (6.21,2017)
23A-11
Page 7 of 8
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, connmunication 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
John dK
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
CITY OF SANTA ANA
Cynthia Kurtz
Interim City Manager
CONSULTANT:
Darren Adrian, P.E.
Principal -in -Charge
Tax ID#
Page 8 of 8
Non -fed Funding (621.2017)
23A-12
—a.
Proposal for
Santa Ana Main Street
Corridor Improvements
Solution: Community engagement at various points during the project allow participants to continue
to have a voice in the design and the process. The Kimley-Horn team will work with the City staff on
community engagement activities and bilingual communications to gather meaningful feedback on the
design development. Audiences we anticipate for public meetings may include the City of Santa Ana
Merchant Association, Neighborhood Associations, business owners, residents, and developers as well as
City staff and elected officials.
Scope of Services
The tasks below are intended to supplement and clarify the scope items in the RFP, to demonstrate phases
of our services, tasks, and deliverables to be completed. Additional items that may be required to complete
the scope of services are described at the end of the matrix under the heading Optional Items. Design
plans and reports indicated will follow the City's standard format unless indicated otherwise. A drawing list
indicating anticipated sheet count is included with our fee in the separate sealed envelope. We assume a
twelve-month schedule for design beginning May 2017 with design services completed by May 2018. Our
proposed schedule is provided at the end of this section.
Project Coordination and Meetings
Task 2: Survey
The Kimley-Horn team will provide aerial mapping with supplemental ground surveys at a scale of V
20' with 100 feet interval cross sections for Main Street from Warner Avenue to 1st Street. Ground
surveys will be used for the areas where more detail is needed for the design of the proposed bulb -outs
and curb returns as shown in the RFP exhibits. This includes survey record collection, establishment of
horizontal and vertical controls, monument and centerline tie preservation, and establishment of temporary
benchmarks. Existing features such as utility covers, pavement limits, private property improvements, curb
ramps, driveways, curb and gutters, sidewalks, street lights and poles, and traffic signs and striping will be
surveyed where needed for the proposed design and added to the base maps. Existing right-of-way will be
inputted per readily available records.
Deliverables: Microstation V81 Files of Topographic Survey, XML Point File, DTM of existing surface
features
City of Santa Ana I TRR077004.77
23A-13
Kimley>Morn
Proposal for
•
Task 3: Geotechnical Study
Infiltration Test and Soil Suitability: Our team will conduct a geotechnical field review as follows:
Percolation rate test at four locations within the proposed bulb -out areas; and Agronomy/soil fertility
laboratory testing encompassing major element fertility package, agricultural suitability package, and
USDA particle size analysis
We will compile data and geotechnical analysis of the field and laboratory tests consisting of analyses to
evaluate and provide recommendations pertaining to the following:
Percolation rate characteristics of the soils, Atterberg Limits/Plasticity Index, moisture and density,
suitability of the on-site soils for landscape improvements, foundation design criteria for new monuments
or signs
We will prepare a report presenting the results of field exploration, geotechnical laboratory testing,
engineering analyses, conclusions and recommendations relative to the project.
Pavement Evaluation: We will provide the following services:
Subsurface exploration consisting of the excavation, sampling, and logging of eight hand excavated
cores to depths of approximately 3 feet or refusal within the project limits. The purpose of the pavement
borings will be to observe the existing structural pavement sections and collect soil samples for
geotechnical laboratory testing.
Our team will compile data and geotechnical analysis of the field and laboratory tests with analyses to
evaluate and provide recommendations pertaining to the following:
• Evaluate the R -value and in-place moisture content of subsurface soils.
• Excavation and compaction requirements, including suitability of the on-site soils for subgrade material
for the proposed improvements.
Analysis and design of new pavement construction and pavement rehabilitation alternatives within
the proposed bike path areas. The analysis will be performed in general accordance with the Caltrans
Highway Design Manual design method.
We assume that the 10- and 20 -year design traffic indices (TI) for the subject streets will be provided to us
by the City for our analyses.
Deliverables: Draft Pavement and Soil Material Report, Final Pavement Report and Soil Material Report
Task 4: Record Research and Utility Coordination
Kimley-Horn will obtain readily available record drawings and data pertinent to the scope of services such
as record drawings, GIS mapping, and utility atlases. We will initiate the utility company notification process
early in the design process and identify potential conflicts. We will maintain a utility agency tracking list to
indicate the status of communication and add a contact list for substructure and utility owner -operators for
the specifications, We will assist the City with a utility notification letter consisting of the following:
1. Utility Information Request
2. Prepare to Relocate Notice/Final Utility Notice Form
3. Notice to Relocate
Kimley)»Horn
12
23A-14
TRR077004.17 I City of Santa Ana
IN
Proposal for
Santa Ana Main Street
Corridor Improvements
We assume that utility notices will be on the City's letterhead. All related fees from utility companies are
excluded from this proposal,
Deliverables: Utility Agency Tracking List, Utility Notification Letters
Task 5: Traffic Study
Kimley-Horn will prepare a traffic impact analysis report per the project specific requirements provided by
the City in the Attachment 5 of addendum one. We will analyze the following scenarios:
Existing Conditions with Project Alternative 2; Existing Conditions with Project Alternative 3; Opening
Year No Project; Opening Year with Project Alternative 2; Opening Year with Project Alternative 3; Year
2040 No Project; Year 2040 with Project Alternative 2; Year 2040 with Project Alternative 3
Collect AM and PM turning movement, pedestrian, and bicycle counts at the 29 study intersections listed.
Collect 24-hour daily counts at up to 6 roadway segments. Obtain cumulative projects within a 1.5 -mile
radius of the project boundary to include in the traffic analysis. We assume the City will provide the current
project list to use. Opening year traffic will be based upon applying a growth percentage to existing traffic
volumes with cumulative projects in the area. Year 2040 traffic volumes will be derived using the Orange
County Transportation Analysis Model (OCTAM). We will review relevant traffic and parking studies in the
area, We assume these traffic and parking studies will be provided by the City. We will review the City
provided traffic collision history data over the last five years and assess up to six side street closures that
will impact circulation. Closures to be determined prior to the start of the traffic analysis task.
Deliverables.: Traffic Counts, Draft Traffic Study, Final Traffic Study
Task 6: Environmental Studies
We assume that an Initial Study leading to a Mitigated Negative Declaration (IS/ MND) is the appropriate
CEQA documentation for the proposed project. The Initial Study will provide the necessary background for
the project. Each of the topics contained in the Environmental Checklist will be evaluated to document the
nature and extent of any potential environmental consequences and the need for mitigation. During the
preparation of the Initial Study we will determine if the project has significant impacts that cannot be fully
mitigated, then we will identify modifications to the project to reduce anticipated impacts. This may require
a modified scope and fee, such as preparing an EIR. Design alternatives may be presented to the City to
select a preferred alternative. This scope of services assumes that the Initial Study will be prepared for only
the preferred alternative. Using the City's Initial Study Checklist, Kimley-Horn will respond to each checklist
question. The analysis will use the following technical studies and data prepared by our team: traffic impact
study, air quality and greenhouse gas (GI -IG) study, noise study, utilities/ infrastructure, geotechnical
study, drainage, Concept Water Quality Management Plan, and a Phase I Environmental Site Assessment
(ESA). All other environmental topics would be studied qualitatively. Kimley-Horn will be responsible for the
distribution of the IS/MND and for preparation of responses to comments and a Mitigation Monitoring and
Reporting Program (MMRP).
Deliverables: An Initial Study leading to a Mitigated Negative Declaration (IS/MND) is assumed. Supporting
technical studies will be prepared as noted in the Scope of Services to determine potential environmental
impacts. Other topics will be addressed qualitatively. Draft IS/MND; Revised Draft IS/MND, Mitigation
Monitoring and Reporting Program, Responses to Comments, CEQA Notices
City ofSanta Ann Irsaorrooa./r is Kimlep ti rn
23A-15
a
Proposal for
Sane Ana Main Street
Corridor Improvements
Task % lWafer>ualil;y
Kimley-Horn will develop a Water Quality Management Plan (WQMP) for the project in compliance
with, and meeting the requirements of Order No. R8-2009-0030lNPDES No. CAS618030, of the Santa
Ana Regional Water Quality Control Board. The WQMP will incorporate Low Impact Development (LID)
Best Management Practices (BMP) to the Maximum Extent Practical (MEP). For example, the use of
bioretention facilities within landscaped parkway areas will be in accordance with the USEPA Green Street
standards. If traditional LID BMPs cannot be incorporated, appropriate proprietary BMPs will be selected to
improve water quality. If proprietary items are needed, these will be indicated in compliance with the City's
adopted public contracting code.
Deliverables: Draft Water Quality Management Plan, Final Water Quality Management Plan
Task 8: Design Development Plans
The project team will refine the fixed elements of the approved Vision Plan and develop a more detailed
approach to the street closures, crosswalks, sidewalks, street furnishings, bulb -outs, parklets and lighting
to check their compatibility with the existing conditions and technical analysis of previous tasks.
The first phase of the cultural trail, establishing a visual language for the entire trail, will also be part of
this work The development of the plazas/parklets at proposed vacated streets will be vetted during
this phase to ensure their compliance with traffic, fire access, and neighborhood agreement. Two review
sessions with the City staff of the design development package will be included in this task. Design
revisions will be limited to two rounds.
The goal of this task is to maintain the Vision while revising elements as required in this more detailed
phase of work. A cost estimate will be undertaken at the conclusion of this phase to ascertain the final
elements to be developed during the next phases of work.
Deliverables: Design Development Plans
Kimley`Horn will develop a street improvement
plan for the construction of new bulb -outs,
ADA improvements, and roadway pavement
improvements for the implementation of these
features as shown in the RFP Exhibits. The plans
will show horizontal and vertical design information.
Roadway plans will be prepared at a scale of 1" _
20' horizontal and 1" = 2' vertical for profiles.. We
will use the field surveys obtained in Task 2 for base
mapping. Vertical design information for construction
of new bulb -outs, and non-standard curb ramps will
be indicated on the plans with elevation callouts. Curb and flow line profiles will be shown if determined
reasonably necessary, Details and typical sections will be added as indicated in the drawing list provided
with our fee. Necessary adjustments to surface utility features will be identified and addressed with call
outs and construction notes. We will prepare details for items that deviate from published standards. Plan
preparation will be coordinated with the City, and other agencies such as Orange County Fire Authority,
Community Development Agency, OCTA, and utility companies. We assumed design for bulb -outs will be
KimlepMorn
14
23A-16
TRR077004J7 I City of Santa Ana
Proposal for
Santa Ana lain Street
Corridor Improvements
limited to north and south focus areas. Modifications to existing utilities and storm drains are not anticipated
for this project.
Deliverables: 30%, 60%, 95%, and 100% Plans, electronic fifes in Microstation V81 and PDF (final plans
will be seated and signed), and responses to previous review comments from the City
Task 10: ,Striping, ,Signing, and Parking Meter Plans
We will prepare striping and signing plans at a scale of 1" = 40' for the proposed improvements within the
limits of the project. Striping and signing plans will comply with the City of Santa Ana's standards, Caltrans,
and the California Manual on Uniform Traffic Control Devices. Flashing beacon installation and parking
meter details, if required, will be shown on the striping and signing plans.
Deliverables: 60%, 95%, and 100% Plans; electronic files in Microstation V81 and PDF (final plans will be
sealed and signed); and responses to previous review comments from the City
Task 11: Landscape and Irrigation Plans
Kimley-Horn will prepare landscape and irrigation plans for proposed plazas, on street parks, and bulb -
cuts within the project limits. These plans will be consistent with the City's Standards and General Plan;
the City's Scenic Corridor Elements; the City's Urban Design Elements; and California's Water Efficient
Landscape Ordinance. The plans will consider City maintenance when developing the design.
Deliverables: 60%, 959o; and 100% Plans; electronic files in Microstation V81 and PDF (final plans will be
sealed and signed); and responses to previous review comments from the City
Task 12: Street Amenities, Cultural Trail and Gateway Elements Plans
Our team will develop design concept plans based on the City's approved Vision Plan, establishing a visual
language for a cultural trail to obtain the City's concurrence on street amenities and gateway elements. We
will prepare a set of plans for street furnishings, based on the approved concept design drawings. Street
furnishings will include enhanced paving, seating, bike racks, trash receptacles, and a gateway element. It
will include the first phase implementation of the cultural trail, which will have approximately four markers.
The gateway element will be developed for installation at two locations.
Deliverables: 30%, 60%, 95%, and 100% Plans; electronic flies in Microstation V81 and PDF; and
responses to previous review comments from the City
Task 13: Open ,Space Plazas and Street Park Plans
We will refine the elements of the approved Vision Plan and develop a more detailed approach to the street
closures, parklets, and plazas. Developed concepts at the 30% stage will be reviewed with the City staff to
confirm concurrence with the project's objectives. Based on the approved design concepts, our team will
produce construction documents for the two -proposed plazalparldet areas as shown in the Vision Plan.
The plans will indicate hardscape, planted areas, and seating. It is assumed that the play equipment will be
specified by the City.
Deliverables; 30%, 60%, 95%, and 900% Plans; electronic tiles in Microstation V81 and PDF; and
responses to previous review comments from the City
Task 14: Street Light Plans
Kimley-Horn will prepare street light plans from First Street to St. Andrew Place. These plans will
incorporate pedestrian lighting along both sides of the street. We assume the current staggered street
lights will remain in place and are sufficiently lighting the roadway and sidewalk. The pedestrian lights are
City nrsnntnAna iiRRD77ao4.n 15 Kimlep orn
23A-17
Proposal for
Santa Ana Main Street
Corridor Improvements
assumed to supplement the existing lighting and new pedestrian light poles would be installed between
existing lights. We will conduct voltage drop calculations to determine the wiring sizes. We anticipate the
need to connect to existing service locations along the corridor. We assume a photometric analysis will not
be necessary since the pedestrian lights will supplement the existing lighting. The street light plans will be
prepared on 24" x 36" full-size sheets, We assumed pedestrian level street lighting fixtures and types will
be provided by the City or will be consistent with the downtown area street lights.
Deliverables: 60%, 95%, and 100% Plans, electronic files in Microstation V81 and PDF (final Plans will be
sealed and signed), responses to previous review comments from the City
Task 15: Specifications
Kimley-Horn will prepare technical specifications based upon the boilerplate supplied by the City. Bid
items will be described as reasonably required by the plans in the General Provisions and will be included
in the Contractor's bid list. References for the technical provisions to the City's standards and Standard
Specifications for Public Works Construction (Greenbook), Caltrans, or other appropriate specifications will
be indicated, Construction phasing and staging will be addressed in the specifications per the City's RFI
dated March 21, 2017.
Deliverables: 60%, 95%, and 100% Specifications; electronic files in PDF and word format (final
specifications will be seated and signed); and responses to previous review comments from the City
'Task 16: Cast Estimates
Kimley-Horn will prepare an Opinion of Probable Construction Costs (Estimate) based on quantities. Unit
prices will be derived from readily available current bid information based on similar services within the
area. Backup will be generated for lump sum items. Contingencies will be shown as agreed upon with City
staff.
Deliverables: 30%, 60%, 95%, and 100% Estimates; electronic files in PDF
Task 17: Bid Phase
Kimley-Horn will provide services during the bid phase by responding in writing to requests for information
(RFI)/clarifications. Our team will assist the City in the issuance of addenda to the bid package. This
consists of making design changes determined necessary to address clarifications. Other design changes,
such as those for the contractor's preference, are not included in this scope. Changes in the overall design
concept are not accounted for in this scope.
Deliverables: Responses to three RFis; Design Revision for one Addendum
Task 18: Constriction Phase
Kimley-Horn will assist the City during the construction phase by responding to the contractor's RFis,
preparing addenda, and providing clarifications. This also consists of reviewing the contractors change
orders and changed conditions in the field. Changes in the overall design are not part of this scope. An
8 -month construction duration is assumed. We have included up to two meetings, up to 10 RFIs, up to 10
contractor submittal reviews, up to two field observations, and up to two addenda, We will prepare record
drawings by updating the approved design drawings based on one set of redline markups provided by the
contractor or City staff. Independent verification is not included in this scope. Significant deviations from
the original design documents are not accounted for in this scope. The purpose of the record drawings
Kimley >)) Horn 16 rReo77004 rr I City of Santa Ana
23A-18
23A-19
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23A-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
APPROVE AN AGREEMENT WITH
RINCON CONSULTANTS, INC.
FOR ENVIRONMENTAL SERVICES
{STRATEGIC PLAN NO. 5, 4} ,
INTE C TY MAN
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
Authorize the City Manager and the Clerk of the Council to execute an on-call consultant
agreement for environmental services with Rincon Consultants, Inc. for a three-year term
beginning on August 1, 2017, and expiring on July 31, 2020 in the amount of $200,000, subject to
non -substantive changes approved by the City Manager and City Attorney.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its regular meeting on June 28, 2017, by a vote of 5:0 (A. Cano absent), the Community
Redevelopment and Housing Commission approved the recommended action.
DISCUSSION
As an entitlement jurisdiction, the City receives an annual allocation of Community Development
Block Grant (CDBG) funds, HOME Investment Partnerships Program (HOME) funds, and
Emergency Solutions Grants (ESG) funds from the U.S. Department of Housing and Urban
Development (HUD). All projects and programs funded by these federal grants must undergo
environmental assessments and /or reviews.
On May 1, 2017, the City of Santa Ana issued a Request for Proposals (RFP #17-050) to retain a
single environmental consultant to provide environmental assessments and/or reviews on an as -
needed basis. The RFP was posted on the City's website; public notice was published in the
Orange County Register; and letters announcing the RFP were sent by e-mail to individuals and
firms who had previously requested to be informed of such opportunities as well as other firms
that staff identified through research. The deadline for the first round submission of complete
applications was Thursday, June 1, 2017 at 3:OOPM.
25A-1
Agreement With Rincon Consultants, Inc.
August 1, 2017
Page 2
The Community Development Agency received seven proposals before the submission deadline
which, following a minimum threshold review by staff, met the minimum application requirements
of the RFP. For the evaluation of the proposals received under the RFP, staff formed a Review
Panel consisting of five staff from the Community Development Agency..
The Review Panel met on June 12, 2017 to review the proposals and then again on June 19,
2017. Each proposal was evaluated by the Review Panel based only upon the evaluation criteria
in the RFP.
The following table summarizes the results of the evaluation by the Review Panel, providing the
average score and ranking for each proposal:
Rank
Proposal Submitted By
Average Score*
1
Rincon Consultants, Inc.
95.2
2
PlaceWorks
89.2
3
LSA Associates, Inc.
84.6
4
Ecorp Consulting, Inc.
83
5
Infrastructure Engineering Corporation
79
6
Converse Consultants
78.6
7
FirstCarbon Solutions
76.4
" Maximum score is 100 points
The top-ranked proposal was from Rincon Consultants, Inc. and the Review Panel recommends
that the City of Santa Ana enter into a three-year term agreement with Rincon Consultants, Inc. in
the amount of $200,000. Approval of this recommendation will allow staff to effectively and
efficiently move forward with the environmental assessments required by HUD.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement
& Sustainability, Objective #4 (Support neighborhood vitality and livability).
25A-2
Agreement With Rincon Consultants, Inc.
August 1, 2017
Page 3
FISCAL IMPACT
Funds for FY 2017/18 are available in the CDBG and HOME Program Contract Services
expenditure accounts. Funds for FY 2018/19 and 2019/20 will be budgeted in future fiscal years.
The anticipated expenditure plan is as follows:
Pro ram Account
FY 2017/18
FY 2018/19
FY 2019/20
CDBG 13518780-62300
$20,000
$60,500
$60,500
HOME 13018780-62300
$ 9,000
$25,000
$25,000
Totals
$29,000
$85,500
$85,500
The expenditure plan is an estimate and subject to change depending on the number of eligible
CDBG and HOME projects.
Robert C. Crtez
Acting Exec ve-D++recto"r'-~
Community Development Agency
RC/JB/SV/RL
D AS TO FUNDS AND ACCOUNTS:
FrerincX!2y Gutierrez a V
Executive Director
Finance and Management Services Agency
Exhibit: 1. Rincon Consultants, Inc. Agreement
25A-3
AGREEMENT TO PROVIDE ON-CALL ENVIRONMENTAL SERVICES
WITH RINCON CONSULTANTS, INC.
THIS AGREEMENT is made and entered into this 1st day of August, 2017, by and between
Rincon Consultants, 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. On May 1, 2017, the City issued Request for Proposal No. 17-050, by which it
sought Consultants to provide On -Call Environmental Services for the City of
Santa Ana Housing Division of the Community Redevelopment Agency.
B. Consultant submitted a responsive proposal and statement of qualifications on
June 1, 2017, that was selected by the City. Consultant represents that it is able
and willing to provide the services described in the scope of work that was
included in RFP No. 17-050 and attached as Exhibit A. The entire RFP No. 17-
050 shall be incorporated herein by reference as though fully set forth herein.
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 contracting 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:
SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of City, Consultant shall perforin the
services that are described in Exhibit A. Additionally, Consultant's proposal, attached herewith
as Exhibit B, is incorporated by reference as though frilly set forth herein. When the need for
services arises, City may initiate services through use of a task or similar order issued to
Consultant.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant 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
$200,000 during the tern of the Agreement, including any extension periods.
Page t of 9
25A-4
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 perforniance set forth in the Recitals and Scope of Work, which may
reasonably be expected by City.
�Wl_klI
This Agreement shall commence on the date first written above and continue for three (3)
years until July 31, 2020, unless terminated earlier in accordance with Section 17, below. The
term of this Agreement may be extended upon a writing executed by the City Manager and the
City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq, as well as California Code of Regulations, Title 8, Section 16000, et seq,,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects, If the
services being performed are part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant
agrees to filly comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless from any
claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
5. INDEPENDENT CONSULTANT
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant 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 perforins the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6, 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").
Page 2 of 9
25A-5
Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive
and perpetual license for any Documents & .Data the subcontractors 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.
7. 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. 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 forth, 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, 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.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
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25A-6
(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 might, at the
City's election, to forthwith terminate this Agreement. Such termination shall not
affect Consultant's night 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.
R. INDEMNIFICATION
Consultant 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 Consultant or its Consultants, 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 terns
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding, Notwithstanding the foregoing, to the extent Consultant's
services are subject to Civil Code Section. 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant.
Page 44 of 9
25A-7
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 Consultant to the City pursuant to this Agreement.
10. 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.
11. 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.
12. 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.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
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25A-8
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
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714- 647-6549
To Consultant: Rincon Consultants, Inc.
Attn: Stephen Svete, AICP
790 E. Santa Clara St.
Ventura, CA 93001
Fax 805-641.1072
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,
commur ication 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.
14. EXCLUSIVI'T'Y AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement
and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized representative
of Consultant. The patties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein.
Page 6 of 9
25A-9
15. 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.
16. 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 specifies,
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. 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 in connection with 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.
19. 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
Page 7 of 9
25A-10
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.
20. 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.
2.1. 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.
-- remainder of page intentionally left blank; signature page to follow --
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25A-11
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
RECOMMENDED FOR APPROVAL
ROBERT CORTEZ
Deputy City Manager
CITY OF SANTA ANA
CYNTHIA J. KURTZ
Interim City Manager
RINCON CONSULTANTS
Stephen Svete, AICP
President
Page 9 of 9
25A-12
Exhibit A - Consultant Agreement
with Rincon Consultants, Inc.
EXHIBIT A
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES • HOUSING DIVISION
SCOPE OF SERVICES
INTRODUCTION
The Housing Division of the City of Santa Ana's Community Development Agency is responsible for the
administration and oversight of the City's housing -related activities. From time to time the Division
requires additional professional environmental services and technical expertise. The City of Santa Ana
Is issuing this Request for Proposals (RFP) for Environmental Services to Identify consultants who have
extensive experience working with public entities to provide planning and environmental review
services.
11. Scope of Work
The Consultant shall provide environmental services under the direction of City staff, The consultant will
be expected to provide experienced and knowledgeable professional staff. The Consultant shall be
committed to provide adequate staffing levels at all times in order to adhere to established schedules.
The Consultant shall be knowledgeable of federal, state and local regulations, policies and procedures
as they pertain to the National Environmental Policy Act (NEPA) and the California Environmental
Quality Act (CEQA).
Selected consultants shall have demonstrated expertise in the preparation of environmental noticing
documents and the preparation of technical reports as required by CEQA and NEPA Including but riot
limited to;
• Phase I and Phase it Environmental Site Assessments
• Environmental impact Statements (EIS)
• Environmental Impact Reports ( EIRs)
• Environmental Assessments and Compliance Findings - 24 CFR Part 580
• Environmental Reviews for Categorically Excluded Activities/Projects - Section 58.5
• Lead and Asbestos Testing, Monitoring and Clearances
• Soils Testing
City of Santa Ana Community Development Agency
Request for Proposals for Environmental Services - Housing Division
Page 10
25A-13
June 1, 2017
Project Number 17-04349
Ray Lirette
Senior Residential Construction Specialist
City of Santa Ana
Community Development Agency (6th Floor)
20 Civic Center Plaza, M-26
Santa Ana, California 92701
Exhibit B
Rincon Consultants, Inc.
.s .y 9,is )s pc.
invc es uncnn:ansdifanis com
Subject; Qualifications to Provide Environmental Services — Housing Division; RFP #17-050
Dear Mr. Urette;
Rincon Consultants, Inc. is pleased to submit these qualifications to provide environmental services to
the City of Santa Ana Housing Division. We are enthusiastic about the opportunity to work with the City
on this important contract and believe that our experience in Santa Ana, experience with similar on -
calls, and broad range of in-house technical capabilities make us uniquely qualified for this assignment.
Our experienced professionals have assisted agencies all over the state in preparing California
Environmental Quality Act and National Environmental Policy Act documents that are defensible,
accurate, and understandable. We have managed CEQA/NEPA programs for housing projects for the
cities of Santa Monica, Oxnard, and San Francisco; housing authorities for the cities of Ventura, Santa
Paula, and Watsonville; and the counties of the Los Angeles, Ventura, Santa Barbara, Alameda, and
Santa Cruz. This experience has provided us a unique perspective on the environmental documentation
process and we are able to apply that knowledge and experience into every project we undertake. We
believe that we are capable of meeting all of the City's needs under this contract and will be able to
offer these services on -budget and within specified time frames.
Thank you or considering Rincon Consultants for this assignment. Please contact the team Project
Manager, Susanne Huerta, at our Los Angeles office with any questions that you may have about our
submittal. Our Principal -in -Charge, Joe Power, is able to legally bind the company and negotiate terms of
the contract with the City.
Sincerely,
RINCON CONSULTANTS, INC.
4ioe
ower AICPCEP
Principal -in -Charge
E n v i r u it a, e n I n l Su i e a I is f5 Via n e e,s Engineers
25A-14
Qualifications to Provide
Environmental Services — Housing Division
Qualifications to Provide
City of Santa Ana
Table of Contents
Transmittal Letter
Organizational Background ... ....... ............................. ................................ .......
......
Scopeof Services ... ....... .......... ......... .......... - ...... ........... ................................ . ........
- ... ......... -1
Environmental Documentation ............. ......... .............................. ............... ........................
...... ... 1
PersonnelExperience ...................... .................. ........................... -- ...............................................
-6
ManagementTeam ... -- .............. ............ ................... ....... ........ - .........................
— ........... 6
KeyStaff ........ . ................ ....... — ... ... ..... .................. — .............................................................
7
RelevantExperience--.,.... .... ........ — ........... -- ... - ....................... ........ ........ ..................
8
SantaAna Projects... ... ........................... ........ ....................................... ............. ..........
.. ....... 8
NEPAProjects—, ..... ................... ........ ... - ...... ...... — ....................... ........... ........................
- 10
CEQAProjects ............. ........ ........ ......... ............... ......................................... .........
................ 10
HazardsProjects .................. ... . ......... ........ ...... ......... - ....................... ........ ...................
11
Subconsultants. ...... - ........ --- ...... .... — ..... ........ ............... --- ......... ...... ..... - ........
............ 11
VM3Environmental, Inc...... .............................. ....... ........... — .............. ...........................
............ I I
Ambient Environmental.. ............ ............................... ........ ......... ...............
... . 12
Kunzman Associates ..... ...... .................. ........................ ............ ........ ...... - .........................
12
References.. ............. ......... - ... ....... ........ ............. - ..... ......... — ...................
. ......... .... -.13
FeeSchedule .... .............. ............ ....... ........ .......... ........ - ......... — .......................... .— ..... .....................
14
HourlyRates..... ... .......................... ........ ........ ...... ........ .................... ....... ..................................
14
ProjectCost Estimates ....... ....... ......... .... -- ............................... ............ - ........ -- ....
........... .... 15
Appendix
Required Forms
25A-15
Page i
Organizational Background
Rincon Consultants, Inc. is a multi -disciplinary environmental sciences,
planning, and engineering consulting firm that provides quality
professional services to government and industry. Founded in 1994,
Rincon has grown to a firm of over 180 professionals located In ten
California. Our professionals are experienced in urban, land use, and
environmental planning; regulatory compliance; biological resource
evaluation and habitat enhancement; cultural resources evaluation and
planning; soil evaluation and remediation; and related studies including
problem -solving services in geology, hydrology, and waste
management.
Qualifications to Provide
Environmental Services - Housing Division
Pounded:1994
Legal Form: California "S" Corporation
Professional Staff: 190
California Offices: 10 (Los Angeles,
Carlsbad, Redlands, Ventura, Santa
Barbara, San Luis Obispo, Monterey,
Oakland, Sacramento, and Fresno)
A core business area for Rincon is environmental review for housing I
projects and our firm has provided environmental consulting services for
these types of projects for over 23 years. During this time, we have developed a reputation for successfully completing
the environmental analysis and permitting processes for housing projects throughout California. Our philosophy on all
projects is to encourage early agency and public scoping, and to develop and maintain close communication among the
local lead agency, engineering consultants, and other stakeholders, as appropriate, to ensure technical adequacy and
timely review of required project deliverables. This approach has enabled us to identify and avoid costly and time-
consuming constraints early in the environmental review process and to minimize or avoid potential conflicts with funding
deadlines.
Our team of highly qualified professionals includes a talented management team with extensive experience managing
and preparing environmental documentation required by the California Environmental Quality Act (CEQA) and the
National Environmental Policy Act (NEPA), Our staff has prepared hundreds of documents under these regulations,
including Initial Studies, Negative Declarations/Mitigated Negative Declarations (NDIMNDs), Environmental Impact
Reports (EIRs), Categorical Exclusions and Exemptions (CE), Environmental Assessments/Findings of No Significant
Effect (EAIFONSI), and Environmental Impact Statements (EIS). We also have key technical experts with a high level of
experience managing and executing projects in the southern California, including Orange County, Key staff members
hold years of expertise in the areas of project management, historical resources assessment, archaeological resources
assessment, hazards and hazardous materials, noise; airquality, greenhouse gases, and other relevant technical
issues.
Scope of Services
Environmental Documentation
CEQA
CEQA documentation could include Categorical Exemptions (CEs), Initial Study -Negative Declarations (IS-NDs), or
Environmental Impact Reports (EIRs).
Categorical Exemptions
A number of CEQA CEs may apply to housing projects in urban areas, including those found in CEQA Guidelines
sections 15194,15195,15301-15303, and 15332, For example, Class 32 CEs may be used for environmental review for
urban infill development meeting certain conditions, CEQA Guidelines Section 15332 states that such a CE is
appropriate when:
a. The project is consistent with the applicable general plan designation and all applicable general plan policies as
well as with applicable zoning designation and regulations.
b. The proposed development occurs within city limits on a project site of no more than five awes substantially
surrounded by urban uses.
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25A-16
Qualifications to Provide
Environmental Services- Housing Division
a The project site has no value as habitat for endangered, rare, or threatened species.
d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water
quality.
e. The site can be adequately served by all required utilities and public services.
If a project can be processed with a CE, the lead agency need only fill out and file a Notice of Exemption (NOE) following
project approval. However, we also routinely prepare technical reports for our clients that address the criteria above to
support these exemptions when appropriate.
Initial Study— (Mitigated) Negative Declaration
Typically, IS-NDs will be prepared using the CEQA Guidelines Appendix G environmental checklist. The IS will address
each environmental issue area in the checklist and will include data and analysis to support all conclusions, When
possible, impacts will be quantified. Following circulation and public review of the draft document, the lead agency is
required to "consider" all comments received. If mitigation measures are included In the IS, the final ISM will also
include a mitigation monitoring and reporting program (MMRP). The MMRP will compile all of the mitigation measures
developed within the body of the IS, as well as information necessary to monitor compliance with each measure.
Environmental Impact Report
An EIR will be required for any project involving a significant environmental impact that cannot be reduced to below a
level of significance with feasible mitigation measures. For any EIRs needed under this contract, we will take a solution -
oriented approach to the environmental review process that focuses on resolving problems, This Is accomplished in a
variety of ways, including:
• Effectively engaging stakeholder groups and the general public;
• Developing effective mitigation measures for identified Impacts; and
• Devising alternatives that respond to environmental conditions and good planning principles.
The major tasks associated with a typical EIR work program are described below,
• IS/Notice of Preparation (NOP)
• Scoping Meeting(s)
• Project Description
• Administrative Draft EIR
• Draft EIR (45 -day public review period)
e Final EIR
• Notice of Determination (NOD)
NEPA
NEPA documentation could include Exemptions, NEPA Categorical Exlcuslons (NEPA CEs), Environmental
Assessments (EAs), or Environmental Impact Statements (EISs).
Exemption
Activities that, by their nature, do not cause changes in the physical environment are exempt under 24 CFR 58,34, For
these projects, a Notice of Exemption would be prepared. The notice consists of a one-page form, including the specific
section of 24 CFR 58.34 that references the proposed activity. For exemptions, we will also complete the 24 CFR 58.6
Compliance Documentation Checklist, which addresses flood protection, the Coastal Barrier Resources Act, and runway
clear zones. If applicable, the documentation will be accompanied by a 24 CFR 58.6 Checklist.
Categorical Exclusion
Projects that are not exempt are checked against the criteria in 24 CFR 58.35 to determine whether they are
categorically excluded or whether an EA or EIS may be required. NEPA CEs are available under 24 CFR 58.35 for those
actions that either do not create any changes in the physical environment, or make minor modifications associated with
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Qualifications to Provide
Environmental Services- Housing Division
continued use of the property for the current land use designation. Generally, the content of a Categorical Exclusion is as
follows.
HUD's Statutory Worksheet, which covers Issues addressed in 24 CFR 58.5 (issues addressed include historic
preservation, floodplain management, wetland protection, coastal zone management, sole source aquifers,
endangered species, wild and scenic rivers, the Clean Air Act, the Farmland Protection Policy Act,
environmental justice, noise abatement, explosive and flammable operations, hazardous materials, and airport
clear zones)
24 CFR 58.6 Compliance Documentation Checklist, which addresses flood protection, the Coastal Barrier
Resources Act, and runway clear zones
Data sources used for CEs will be field reviews, topographic maps, available land use maps, flood zone maps, coastal
zone maps, airport hazards maps, and available information regarding the presence of sensitive habitats and/or species.
Much of this Information is available from online databases maintained by USEPA and other federal and state agencies.
Noise assessments will be performed where necessary, utilizing HUD methodologies and the HUD Day/Night Noise
Level Electronic Assessment Tool (an online noise calculation tool). Historical review of the properties will be based on
the specific methodologies described below for compliance with Section 106 of the National Historic Preservation Act of
1966. Air quality analyses will be based on the type of activity and whether quantification is necessary,
Environmental Assessment
When an activity is not exempt and cannot be categorically excluded from NEPA, Rincon will prepare an EA using the
HUD short form checklist, unless the project would clearly require an EIS under 24 CFR 58.37. Alternatively, if the City
elects to use the HUD Environmental Review Online System (HERDS) for Environmental Assessments, Rincon will
prepare technical reports and other documentation to support the Environmental Review Record (ERR). In the event that
an EIS may be required, we will advise the City regarding the feasibility of preparing an EA as a means of focusing the
EIS and as an aid in the formal scoping process for the EIS. We will also advise the City regarding the estimated cost
and timeframe associated with an EIS, to allow an Informed decision with respect to going forward with the project.
Environmental Assessments will be prepared in accordance with NEPA and HUD requirements as outlined in 24 CFR
Part 50, 24 CFR Part 58, and 36 CFR Part 800. The following outlines the general contents of an EA,
• Project proponent information
• Conditions for Approval
• Finding
• Statement of Purpose and Need for the Proposal
• Description of the Proposal
• Description of Existing Conditions and Trends
• 24 CFR 58,5 Statutory Checklist
• Environmental Assessment Checklist, covering issues related to land development, socioeconomic concerns,
community facilities and services, natural resources, and other factors (from the 24 CFR 58,6 checklist)
Environmental Impact statement
EISs will be prepared for projects that would have significant impacts based on federal criteria that cannot be avoided,
These types of projects will be rare. The steps for an EIS are similar to those for a CEQA EIR. The main differences are
that EISs must analyze project alternatives (including the preferred alternative) at an equal level of detail and, in addition
to the Draft EIS circulation, a Final EIS must be circulated for an additional 30 -day period. EISs and EIRs can, but do not
have to, be prepared as joint documents.
Hazards/Site Assessments
Phase I Environmonttd Sito Assessments
At the City's request, Rincon will conduct Phase I ESAs in conformance with ASTM Standards on Environmental Site
Assessments for Commercial Real Estate (ASTM E 1527-13), Our scope of services, pursuant to ASTM practice, will not
include any inquiries with respect to asbestos, lead-based paint, lead in drinking water, regulatory compliance, cultural
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Qualifications to Provide
Environmental Services- Housing Division
and historic resources, industrial hygiene, health and safety, ecological resources, endangered species, indoor air
quality, or high voltage power lines, Our Phase I ESAs will be performed under the direction of a California Professional
Geologist and Environmental Professional. Phase is include the following tasks; Records Review, Site Reconnaissance,
Interviews, and Report.
Phase ft Environmental Site Assessments
If subsurface Investigation or remedlation is recommended in the Phase I ESA, the project may proceed to a Phase II
ESA. The objective of a Phase II Environmental Site Assessment is to determine the lateral and vertical extent of
contaminants in the subsurface. This task generally Includes the collection and analysis of soil or groundwater samples,
or both. The samples are collected with appropriate sampling equipment- a hand auger for shallow samples, a direct
push Geoprobe rig for sampling to about 50 feet in depth, or a hollow stem auger drilling rig for deeper sampling and to
Install groundwater monitoring wells. Soli borings are drilled in this task and groundwater monitoring wells are installed
and sampled under this task. The sampling data are used to prepare site assessment reports. The assessment reports
are used to determine if site cleanup is necessary. The reports are typically sent to oversight agencies, such as the
Regional Water Quality Control Board for their review,
Depending on the complexities of the site, several stages of investigation may be necessary. For example, the project
may require one or more of the following;
• A geophysical/ground penetrating radar survey to evaluate the site for the presence of underground
piping/tanks
• Trenching or excavation
• Soil borings, soil vapor probe installation/survey
• Groundwater well installation or abandonment
• Drilling with a Geoprobe rig or hollow stem auger drilling rig
• Soil and groundwater sampling
• Preparation of vapor -phase migration and risk assessments
n Analysis of soil and groundwater samples for various contaminants
• Asbestos and lead-based paint surveys, including destructive testing and analyses
Asbestos and Lead Based Paint Surveys
Asbestos Survey
For this component of the work program, Rincon would utilize either VM3 Environmental or Ambient Environmental to
conduct asbestos surveys using EPA accredited Asbestos Hazard Emergency Response Act personnel. A visual survey
Is conducted initially to identify the presence of suspect asbestos containing material, Homogenous areas are defined as
areas in which suspect materials are uniform in texture, construction or application date, and general appearance. Data
are presented by homogenous area according to location as well as material type, quantity, and the presence of
asbestos.
Samples are collected in general accordance with EPA sampling procedures as defined in the Simplified Sampling
Scheme for Friable Surfacing Materials, USEPA, 1985 and the Asbestos Hazard Emergency Response Act of 1986 (40
CFR part 763). Reasonable care is taken to avoid any accidental fiber release Into the building environment.
The asbestos samples would be analyzed using a laboratory accredited by the American Industrial Hygiene Association,
the National Institute for Standards and Testing and the National Voluntary Laboratory Accreditation Program. Analysis is
by Polarized Light Microscopy. Quality Control is strictly enforced to assure accuracy of sample results. Current Federal
USEPA Regulations define a material to be asbestos -containing at 1% by weight. Current State of California regulations
define a material to be asbestos -containing at 0.1% by weight. For this reason, any sample reported as containing trace
amount of asbestos is assumed to contain asbestos. The analytical data are presented in a report describing sampling
and analytical methods used, quantities of hazardous materials, and material -specific recommendations.
Lead Based Paint Survey
Rincon would utilize the services of either VM3 Environmental or Ambient Environmental to conduct lead based paint
surveys. The lead based paint survey would be conducted by a State of California Department of Health Services trained
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Qualifications to Provide
Environmental Services— Housing Division
Lead Inspector/Assessor for lead based paint. First, a visual survey is conducted to identify the presence of suspect lead
based paint. After the suspect lead based paint is located, lead based paint readings are performed from each
component identified during the visual survey.
Representative lead based paint readings are collected utilizing an X -Ray Fluorescence (XRF) lead based paint
analyzer. Readings are collected from selected components throughout the building's interior and exterior. Lead based
paint readings are collected in accordance with Chapter 7 of the HUD Guidelines for Evaluation and Control of Lead -
Based Paint Hazards in Housing and U.S. Environmental Protection Agency (EPA) 40 CFR part 745 and Title X of the
1992 Housing and Community Development Act.
Other Building Surveys
Rincon and/or VM3 Environmental/Ambient Environmental are also able to Identify the presence of PCBs in fluorescent
light ballasts, mercury switch light ballasts, and perform mold surveys,
Soils resting
Our approach to environmental sub -surface assessment is to tailor the sampling program to the specific project.
Samples can be obtained using a variety of methods, including:
• Surface grab sample
• Shallow hand auger sample
4 Backhoe sampling
• Soil gas sampling
• Summa canister sampling
• Direct push sampling (i.e., Geoprobe)
• Hollow -stem auger, air rotary, and sonic drilling and sampling
The appropriate sampling methodology is dependent on the suspected source of contamination (point source versus
non -point source); suspected type of contaminant (volatile or non-volatile); media affected (soil only or soil and
groundwater); anticipated depth of contamination; and soil/geologic conditions at the site.
Soil or groundwater samples are analyzed for suspected contaminants using appropriate EPA or State methodology in
laboratories certified by the State to conduct such tests. The testing program is tailored to the suspected contaminants,
For example, if a site has an underground storage tank that was used to store gasoline, the soil samples would be
analyzed for total petroleum hydrocarbons - modified for gasoline and aromatics (benzene, toluene, ethylbenzene, and
total xylenes). The testing may also include lead, if the tank was used to store leaded gasoline, and gasoline additives,
as appropriate, based on the period of operation. All sampling is in accordance with the EPA Document SW 846.
Additional Services
Technical Studies
In addition to assisting our with the CEQA and NEPA processes outlined above, Rincon staff will assist with the
preparation of a broad range of technical studies, including air quality, aesthetics, biological resources (wetland
delineation, special status species analysis), cultural resources, noise, and greenhouse gas emissions. These studies
are often needed in support of CEQA/NEPA documentation and are included with the reports as technical appendices.
Other times these studies are performed prior to finalization of a proposed project in order to assist project design teams
to develop a project that avoids or minimizes significant environmental effects at the design phase. Rincon has
experience preparing the following types of technical reports that might be required by the City under this contract:
Biological Surveys
Cultural and Historic Reports:
• Preparation of Area of Potential Effects
• Historic Properties Assessments
• Archaeological Assessments
• Finding of Effects
• Memorandum of Agreements
• Noise and Air Quality Studies
• Global Climate Change and Greenhouse Gas
Analyses
• Grant Application Preparation
• Water Supply Assessments
• Geologic and Seismic Studies
• Environmental Permitting
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Qualifications to Provide
Environmental Services — Housing Division
Traffic Impact Analysis
Traffic studies will be prepared by Kunzman Associates. The typical traffic impact analysis will consist of (1) discussing
the proposed development with the applicant; (2) submitting a scoping agreementimemorandum of understanding,
including assumptions and methodology, for governmental agency approval; (3) conducting a study area field survey of
intersection traffic control devices, intersection approach lanes, and roadway segment through travel lanes; (4)
documenting existing traffic conditions; (5) obtaining weekday morning/evening peak period turning movement counts at
the study area intersections; (6) determining project trip generation based upon the Institute of Transportation Engineers,
Trip Generation Manual, 9th Edition, 2012; (7) distributing the project trip generation to the street system; (8) determining
the project's traffic impacts; (9) analyzing site access locations; (10) examining internal circulation including emergency
vehicle access; (11) mitigating the impacts, If necessary; and (12) preparing a written report that Is stamped and signed
by a Registered Engineer in the State of California. Mitigation measures will include roadway sizing recommendations,
intersection controls, and special treatments such as left turn pockets and right turn lanes as might be required by the
project. The traffic impact analysis will Include calculation of intersection delay utilizing the Intersection Capacity
Utilization (ICU) and Highway Capacity Manual (HCM) methodologies at the intersections in the project vicinity during the
peak hours for existing conditions as well as with the proposed project.
Management Team
Joe Power, AICP CEP, Principal
Education: M.A., Architecture and Urban Planning, UCLA Graduate School of Architecture and Urban Planning;
B.A., Urban and Economic Geography, University of Georgia
Certification: American Institute of Certified Planners, Certified Environmental Planner (010273)
Role: Contract AdministratorMPrincipal in Charge Years of Exp: 25
Mr, Power is an Industry recognized leader in interpreting state and federal planning and environmental law. His
experience includes providing environmental documentation and regulatory permitting support to public agencies as part
of multi-year service contracts. This experience includes working with various Cities, Counties, and Housing Authorities
for more than 20years. He has prepared over 300 NEPA EAs for a variety of different projects funded through the
County of Los Angeles' Community Development Block Grant (CDBG) program. He has also managed preparing over
80 NEPA documents for the City of Oxnard's CDBG program and NEPA documentation for multiple projects for the
Santa Barbara County Housing Authority, the City of Ventura Housing Authority, the City of Santa Paula Housing
Authority, and the City County of San Francisco Mayor's Office of Housing. Previously, he oversaw the preparation of
EAs for the Depot at Santiago and 813.815 Harbor Boulevard residential projects for the City of Santa Ana and served
as the Principal in Charge of several NEPA documents including an EAIFONSI for the Veterans Village project.
Susanne Huerta, AICD, Senior Environmental Planner
Education: Master of Urban Planning; New York University, Robert Wagner Graduate School of Public Service,
2007; B.A., Geography; University of California, Los Angeles, 2004
Certification.: American Institute of Certified Planners, Certified Environmental Planner (026358)
Role: Project Manager— CEQA/NEPA Documentation Years of Exp: 11
Ms. Huerta, the managerof Rincon's Los Angeles office, has experience in environmental planning and has managed or
primarily authored successful environmental studies on projects ranging from energy development to water infrastructure
to commercial and residential development. Ms. Hueria has prepared numerous CEQA and NEPA environmental
documents that are Informative, readable, and legally defensible. She has prepared specialized technical reports on a
range of planning and environmental topics, including aesthetics, agriculture, land use, and policy analysis. Ms. Huerta
recently managed the Resort EIR for the Channel Islands Harbor and the Indus Industrial Facility MND for the City of
Chino Hills. Her experience with the City of Santa Ana Includes preparing the NEPA documentation for the following:
First Street Family Apartments, Raiff and Myrtle Street Park, 6th and Lacey Street Park, the Santa Ana Arts Collective,
and the Roosevelt Walker Community Center.
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Qualifications to Provide
Environmental Services- Housing Division
Julie Welch Marshall, Senior Environmental Scientist
Education: B.S., Environmental Engineering, Rensselaer Polytechnic Institute, Troy, New York
Certifications: 40 -Hour HAZWOPER OSHA 29 CFR 1910.120; 8 -Hour HAZWOPER OSHA Refresher Course;
Hazardous Materials Management Certificate, University of California, Santa Barbara; Business
Management Certificate, University of California, San Diego
Role: Project Manager— Hazards/Site Assessments Years of Exp: 23
Ms. Marshall has professional experience in Environmental Due Diligence assessment and investigation for real estate
property transactions. She is an expert In completing Phase I ESAs according to the American Society for Testing and
Materials (ASTM) 2013 guidelines and U.S. EPA's "All Appropriate Inquiry" requirements. She has extensive experience
managing multi -site real estate portfolios for local agencies, developers, banks, and other commercial entities, Recently,
Ms. Marshall assisted the City of San Diego with a three-year Brownfields Assessment Grant project that Includes
completion of Phase I & II ESAs and coordination with U.S. EPA, and the City of San Francisco with 31 Phase I ESAs
and 20 Phase II ESA projects, Ms, Marshall is also experienced in conducting environmental assessment, Investigation,
and remediation projects with oversight by the DTSC, RWQCB, and other local agencies.
Key Staff
Lindsey Sarquilla, MESM, Associate Environmental Planner
Education: MESM, Bren School of Environmental Science & Management, University of California, Santa Barbara; B.A.,
Environmental Studies, Brandeis University
Role: NEPA Documentation, Technical Studies Years of Exp: 8
Ms. Sarqullla Is responsible for assisting with planning research assignments, conducting and reviewing CEQA and
NEPA environmental assessments Including, noise and air modeling, land use studies, public services/utilities analyses,
aesthetics evaluations, and other topics, and managing assignments within local planning agency offices. She has
prepared HUD EAs and CEs for LACDC, the County of Ventura and County of Santa Barbara Housing Authorities, and
the City of Oxnard. She recently assisted the County of Ventura with its first EA using HUD's HERDS module. Additional
experience includes the Trumark Homes Mixed Use Project Air Quality/Greenhouse Gas Emissions Study, and Noise
Study for the City of Chino Hills; the Clarendon Street Apartments Development Project Air Quality Study and Health
Risk Assessment for the City of Los Angeles; and the Belmont Village Assisted Living Facility, Health Risk Assessment
Report and Noise Study for the County of Los Angeles,
Sally Schifman, Associate Environmental Planner
Education: B.A.,History, University of the Pacific — Stocldon
Role: CEQA Environmental Analyst Years of Exp: 14
Ms. Schifman will serve as a lead analyst. She has experience in city planning, development review, and environmental
Impact analyses for public and private entities throughout California, Her areas of expertise include planning and zoning
administration, CEQA/NEPA analysis and compliance, technical studies, and interagency regulatory permitting. Ms.
Schifman has recently acted as an extension of staff for the City of Berkeley for a variety of projects ranging from single-
family home additions to large-scale mixed-use buildings. She also assisted with the aesthetics analysis for the Lynwood
Transit Area Strategic Plan EIR and recently completed HUD EAS for two projects in downtown San Diego.
Shannon Carmack, Architectural Historian
Education: B.A., History, emphasis in American History, California State University, Long Beach;
A.A., Anthropology, Orange Coast College
Role: Historic Analysis Years of Exp: 17
Ms. Carmack has professional experience with cultural resources project management, architectural history, historic
preservation planning and management, historic research, public outreach, and archival documentation. Her experience
stretches across California and includes projects examining housing, government buildings, transportation facilities,
recreation centers, and educational facilities. She has extensive regulatory knowledge and experience implementing
Section 106 of the National Historic Preservation Act, CEQA as well as countless local municipal ordinances throughout
the State. In addition to her work assisting public agencies with regulatory compliance, Ms. Carmack has prepared
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Qualifications to Provide
Environmental Services- Housing Division
Historic American Buildings Survey (HABS) documentation, preservation plans, design guidelines, National Register of
Historic Places nominations, and historic context statements.
Jennifer Morton, PG, Senior Project Manager
Education; B,S., Earth Sciences, University of California, San Diego, California
Certifications; Professional Geologist, California; 40 -Hour HAZWOPER OSHA 29 CFR 1910.120; Current 8 -Hour
OSHA Refresher Course
Role; Phase I and Phase II ESA Management Years of Exp: 16
Ms. Morton is a Professional Geologist with experience conducting Phase l and Phase II environmental assessments, as
well as assisting with and overseeing remediation projects. Ms. Morton has extensive experience conducting Phase I
ESAs for a wide range of property types throughout California. Additionally, Ms. Morton has experience conducting
Phase II environmental assessments and groundwater monitoring for numerous leaking underground storage tank (UST)
properties throughout California; she has also conducted Phase II assessments in connection with dry cleaning,
automotive repair, and manufacturing facilities, as well as former agricultural land and a formeroil production property.
Ms. Morton has successfully worked with local and state regulatory agencies to comply with assessment requirements,
develop property mitigation plans, and to achieve case closures,
Additional Support Staff
In addition to the key staff identified above, Rincon has a number of field staff that will be available to work on projects
stemming from this contract.
EducationlRegistrationa/Certifications
Years of
( Project Rote
Name
Ex
-p-
fHdo aglef California (#8693) Cortiled
I
Tonn Snyder, PG, CHG, yr9ecoJist California (#950); Qualified SWPPP
19
Hazards/
QSD, CPSS Developer/Practitioner (#649)
i
I Hydrology Studies
Certified Professional Soil Scientist, SSSA (926222);
40 Hour HAZWOPER
Jake Hurley, QSP B.A., Environmental Science 10
Phase I and II ,and
Remediation
j Qualified SWPPP Practitioner (422155)• HAZWOPER ;
_SuPpnn
Lauren Roenlcke B,S., Environmental Studies, UCSB q
Support
phase I Suppa
Hour HAZWOPER
Catherine Wright B.S,, Anthropology 22
ArchaeoloJmt
Vanessa Villanueva B.S., Environmental Science 2
_—
Environmental
Analysis
Lynette Leighton, MEM KEN, Industrial Ecology and Urban Planning 11
Environmental
L B.S., Environmental Polic and Entamolo
Anal0s
Relevant Experience
The following selected project summaries represent Rincon's broad range of experience supporting local agencies
throughout California with environmental compliance programs for housing projects. We believe
that our successful and
extensive experience on similar on-call contracts demonstrates our qualifications for this contract.
Santa Ana Projects
First Street Family Apartments Protect IS -MND
City of Santa Ana, All Pezeshkpour— 714-647.5882
Rincon Consultants was contracted by the City of Santa Ana to prepare an IS -MND for a proposed affordable housing
development. The proposed project Involved demolition of an existing brick office building and
associated surface
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Qualifications to Provide
Environmental Services — Housing Division
parking lot, followed by the construction of 69 affordable family apartment units andl19 onsite parking spaces. Rincon
also prepared a cultural resource investigation that conformed set standards for NEPA, Section 106 of NHPA, AHPA,
AIRFA, and NAGPRA. Additional issues examined include biological resources, hazards, HydrologylWater Quality,
Noise, and Traffic.
Roosevelt Walker Community Center EAIFONSI (20161
City of Santa Ana, Sylvia Vazquez— 714.647.5445
Rincon prepared an EAIFONSI for the proposed 10,000 -square foot Roosevelt Walker Community Center. Construction
of the community center would include installation of new basketball/volleyball courts, playground area, bathroom, and
multipurpose field and running track. The proposed project would be a dual use with the Santa Ana Unified School
District to provide expanded school space and recreational uses for Roosevelt Elementary School, Walker Elementary
School, and the City.
Santa Ana Arts Collective EAIFON81(2016)
City of Santa Ana, Natalie Verlinich — 714.667-2267
Rincon prepared an EAIFONSI for the proposed Santa Ana Arts Collective. Located at 1666 N Main Street in Santa Ana,
the Arts Collective is an adaptive reuse and new construction project that involves 61 affordable rental units and 1
manager's unit on one acre of land, The Arts Collective would adaptively reuse a late modern, five -story office building
and site to create an Iconic community gallery and affordable family development designated for professional artists of all
disciplines. The site was occupied by three vacant housing units.
6th and Lacy Street Park EAIFONSI (2015)
City of Santa Ana, Sylvia Vazquez — 714-647.5445
Rincon prepared an EAIFONSI for the proposed 6th & Lacy Street Park, The park site is 0.42 acres in size and is located
at the southwest corner of 6th Street and Lacy Street. The site is currently occupied by three vacant housing units.
NEPA compliance is required because the City was seeking federal funding for the project and the funding would need
to be approved by the Department of Housing and Urban Development (HUD), The project is expected to use
Community Development Block Grant (CDBG) funds.
Raitt andMvrtle Street Park EAIFONSI (2016)
City of Santa Ana, Sylvia Vazquez — 714.647-5445
Rincon prepared an EAIFONSI for the proposed Raitt & Myrtle Street Park. The park site is a vacant dirt lot 1.09 acres in
size, located at the northeast corner of Raitt Street and Myrtle Street. NEPA documentation was required due to the use
Of Community Development Block Grant (CDBG) funds to create a neighborhood park,
The Depot at Santiago EAIFONSI (2013}
City of Santa Ana, Ray Lirette, 714-667-2256
Rincon prepared an EAIFONSI on behalf of the City of Santa Ana for the Depot at Santiago project, which involves a 70
unit affordable apartment complex, a 3,000 square foot community room, and 8,500 square feet of retail space. The
EAIFONSI was prepared in HUD preferred format in accordance with 24 CFR Part 58, A historic and archaeological
resources assessment was prepared by Rincon, in conjunction with the EA/FONSI to meet the requirements of Section
106 of the National Historic Preservation Act.
803.815 N. Harbor Boulevard Residential Project EAIFONSI (2013)
City of Santa Ana, Ray Limits, 714-667-2256
Rincon prepared an EA/FONSI on behalf of the City for the 803.815 Harbor Boulevard Residential Project, which
involves a 70 unit affordable apartment complex on 2.26 acres. The EAIFONSI was prepared in HUD's preferred format
in accordance with 24 CFR Part 58. A previously prepared Phase I and II were reviewed and incorporated into the
EAIFONSI, A historic and archaeological resources assessment was prepared by Rincon, in conjunction with the
EAIFONSI to meet the requirements of Section 106 of the National Historic Preservation Act,
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Qualifications to Provide
Environmental Services- Housing Division
NEPA Projects
LACDC On -Call Environmental Consulting Services (1998 - Present)
County of Los Angeles Community Development Commission, Donald Dean, Environmental Officer- 626.586.1740
For the past 20 years (under seven consecutive 3 -year contracts) Rincon has provided CEQA/NEPA documentation and
consulting services to the CDC. Routinely, Rincon is tasked with preparing NEPA-required environmental documentation
for projects proposed under the Community Development Block Grant Program within unincorporated Los Angeles
County and 48 cooperating cities within the County of Los Angeles. Typical projects include small-scale housing,
commercial, and industrial development, senior centers, recreational facility upgrades, and Improvements to public
infrastructure, Staff have also directed numerous Phase I environmental site assessments and provided human health
risk assessment and expert review of technical reports for a variety of CDCs projects, Including those involving reuse of
former oil refinery, gas station, mixed use industrial, and chemical factory sites. Currently, Rincon Is preparing the
required NEPA documentation for the CDC's Neighborhood Stabilization Program. This has Involved preparing over 100
categorical exemptions under the program.
NEPA Environmental Review Services On -Call Contract (2011- Present
City and County of San Francisco Mayor's Office of Housing and Community Development, Eugene Flannery - 415- 701-
5598
Rincon Consultants was retained (in three separate multi-year contracts) by the City and County of San Francisco's
Mayor's Office of Housing and Community Development to provide as needed NEPA documentation. As part of these
contracts, Rincon prepares Environmental Review Record (ERR) documentation required by HUD and described in 24
CFR Part 58, Documents prepared to date include four CEs, six EAs, a technical portion of one Environmental Impact
Statements (EISs), and a number of special technical studies (see table below for additional project information). In
addition, Rincon completed over 30 Phase I ESAs and over 10 Phase II ESAs for multi -unit housing developments,
including multiple high-rise apartment complexes and multi -acre two-story residential developments owned by the City of
San Francisco.
NEPA Compliance- City of Oxnard CDBG Program (2004- Present)
City of Oxnard, Kathleen Mallory, Planning & Environmental Services Manager- 805-385-8370
Over the past twelve years, Rincon has prepared the NEPA documentation for the City of Oxnard CDBG program. Over
that time, this has included preparation of over 150 CEs and 20 Environmental Assessments. These documents have
addressed a broad range of project types, including public infrastructure improvements, housing, and child care facilities.
CEQA Projects
Trumark Homes Mixed Use Development MND (2015)
City of Chino Hills, Jerred Walters - 909-364-2753
Rincon was recently retained to prepare the CEQA documentation for a proposed residential and commercial
development located on the northwest side of the intersection of Trumark Homes Parkway and Los Serranos County
Club Drive in the City of Chino Hills, The project is a mixed-use development consisting of 110 residential units and a
two-story multi -tenant building. Rincon prepared an MND and a series of technical studies in support of the document
Olson Company Residential Development IS -MND (2012)
City of La Veme, Eric Scherer - 909-596-8706
The City of La Verne hired Rincon to prepare a CEQA document for a project involving the assembly of land and
construction of a residential development proposed by the Olson Company. The proposed development includes 66
detached, two-story single-family homes, The 7.49 -acre site is comprised of an undeveloped fenced parcel with an
extensive stand of Coast Live Oak trees, a public cul-de-sac street (Dover Avenue), and a private parking lot serving a
cinema complex. Aesthetics, air quality, biological resources, greenhouse gas analysis, noise, and traffic were identified
as potential areas of Impact for the project,
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Qualifications to Provide
Environmental Services- Housing Division
Dorado Residential Development Protect EIR (2014- 20161
City of Long Beach - Craig Chalfant- 562-570-6308
Rincon prepared an EIR examining a proposed development Including 40 single family residences on North Norwalk
Boulevard in the City of Long Beach. The project site is 5.8 -acres and is currently developed with a church facility with a
parking lot, landscaped area, and a cell tower, The church would be demolished to make room for the housing
development Key Issues included biological resources, cultural resources, and traffic.
Holt Avenue Apartments IS -MND (2013)
City of Pomona, Brad Johnson - 909.620-2191
Rincon prepared an IS -MND on a proposed 62 -unit apartment complex in Pomona. The site is currently occupied by a
partially occupied mobile home complex and vacant commercial buildings. The proposed project involved the relocation
of the occupants of the existing partially occupied mobile home park and the demolition of site improvements. The
proposed apartment complex would consist of a several two-story townhomes and a three-story apartment building, In
addition, a number of the units would be designated for Mental Health Services Act housing. Key environmental Issues
include historic resources, hazards/health risk, traffic, and noise.
Hazards Projects
Redevelopment and Housing Rehabilitation Assistance (2004- Present)
City of Santa Ana Community Development Agency, George Garcia, 714-667-2254
Rincon Consultants, Inc. was awarded an open services contract to conduct Phase 1 ESAs, Phase II ESAs, Remediation,
and Asbestos & Lead -Based Paint Surveys for multiple sites throughout the City of Santa Ana. Since 2004, this has
included more than 60 Individual projects and within the last 5 years, 25 projects have been conducted.
On -Call Phase I & II Environmental Site Assessment Services (2014)
City of San Diego, Real Estate Assets Department, Mary Carlson, 619-236-6079
In 2014, Rincon was awarded a 5 year, $75,000 on-call contract to perform Environmental Site Assessment (ESA)
services for the City of San Diego Real Estate Assets Department. As part of that contract we have completed Phase I
ESAs, Phase 11 ESAs (Subsurface Investigations), and Asbestos & LBP Surveys. As requested, the Phase I ESA reports
were conducted in general conformance with the ASTM Standard Practice for Environmental Site Assessments.
Environmental Portfolio Consultant Services(2006-present)
Richmond American Homes, Van Martin - 949-467-2648
Rincon has held a master services agreement with Richmond American Homes since 2006 and has completed hundreds
of Phase I ESAs and Phase II ESAs as part of Richmond American Homes' acquisition transactions over the past ten
years. Sites assessed by Rincon have included vacant lots, agricultural properties, residential homes, and various
commercial/Industrial facilities, including bakeries, auto dismantling facilities, junkyards, office buildings, and retail
facilities. The Phase I ESAs completed for this client are typically completed within two weeks.
Subconsuitants
VM3 Environmental, Inc.
VM3 Environmental, Inc, is the forefront leader in the environmental mold, asbestos, lead paint and allergen inspection
and sampling industry since our inception in 2007. We are a MicroBusiness with certified technicians strategically located
throughout Southern California allowing us to provide the highest level of service to our municipal, commercial and
residential clients. Over the years, our services include building surveys, project monitoring and management, clearance
inspections, air sampling, swab sampling, moisture meter readings, infrared measurement and temperature and humidity
meter readings. We ensure that all OSHA, EPA, DOT, HUD and state regulations are strictly adhered to on all phases of
our projects, All of our employees must conduct all work safely and in strict accordance with the plans, instructions and
directions of the designated project supervisors and managers. In addition, VM3 has the specific experience in entering
tenant spaces and project coordination that this proposal requires,
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Qualifications to Provide
Environmental Services — Housing Division
Key Staff
Andrew Konopacki is the CEO and owner of VM3 Environmental, Inc. Not only does Andrew oversee the general
operations, conducts quality control and training; but also has fourteen years of field experience in Indoor air quality,. For
six years Andrew worked for Mold Inspection Sciences, acting as their Director of Field Operations. Taking his passion
further, Andrew opened VM3 Environmental in 2007. He is also an active contributor to the environmental community
and provides professional input to groups such as the California Healthy Housing Coalition. Andrew has taken his
background in software development to implement progressive reporting and information systems which significantly
contributes to the superior level of work performance that VM3 provides, Andrew holds a Bachelors of Science in
Business Management. DOSH Certified Asbestos Consultant (CAC #14.5229); California Department of Public Health
(CDPH) licensed Lead Inspector and Risk Assessor (#22498); ACAC Certified Residential Mold Inspector (#13427),
Ryan Decker is the head Inspector, responsible for management and further training of our certified inspectors. Ryan
has been certified and actively performing asbestos and lead inspections for seven years, and mold for over eleven
years. Before joining VM3 in 2015, he conducted mold Inspections for Mold Inspection Sciences for four years. Ryan
oversees all municipal projects ensuring a prompt, professional approach. He holds a Bachelor of Arts in Fine Arts.
DOSH Certified Asbestos Consultant (CAC #15-5376); California Department of Public Health (CDPH) licensed Lead
Inspector and Risk Assessor (#23666); ACAC Certified Residential Mold Inspector (#13735)
Project Experience
Tom Mudd 1(619)578.7524
In 2010, VM3 began regularly performing asbestos, lead and mold inspections for SDHC's residential portfolio. Then in
2016, VM3 was awarded a one year on-call contract for mold, lead and asbestos survey services and was awarded
another year-long extension for 2017. Within the past five years, VM3 has completed $125K over 106 projects for SDHC
with high satisfaction.
New Palace Hotel for Housing Development Partners (HDP) (2017
Housing Development Partners (Pari Ryan I (619)269.4640HDP is the non-profit affiliated with San Diego Housing
Commission
VM3 regularly performs asbestos, lead and mold surveys for their existing and prospective affordable housing stock,
VM3 conducted a full asbestos survey at New Place Hotel; which Includes 80 units and 2,300 sq,ft of commercial space.
Ambient Environmental
Ambient Environmental was founded in 1995 to provide environmental or geotechnical services, John L Payne will serve
as an Asbestos and Lead Based Paint Expert, He has over 20 years of experience in environmental consulting services
has successfully completed over thousands of asbestos/lead abatement projects for numerous public and private
companies and educational facilities, Mr. Payne is AHERA certified and holds a California State Certified Environmental
Consultants License. He provides technical development expertise and overview of all consulting services, including;
developing specifications and work plans for asbestos lead-based and mold abatement/ remediation projects. Mr. Payne
also coordinates projects with clientele, inspectors, city, state, and federal governing agencies and provides complete
project management for asbestos surveys, lead surveys, Indoor air quality studies and abatement projects.
Kurtzman Associates
Kunzman Associates, Inc. is a California Corporation with its headquarters located in the City of Orange and specializes
In transportation and related services for governmental agencies and the business community, Kunzman Associates,
Inc, also has a satellite office in the City of Riverside. The firm has 18 highly qualified personnel with experience
throughout Southern California at the regional, local, and individual project level. The experience of the firm's personnel
in transportation and related services for new planned communities, as well as established areas provides the special
skills necessary for determining imaginative, practical, and meaningful solutions. The firm was established in 1976 by
William Kunzman, P.E., and since then the firm has completed over 5,000+ studies for over 1,000+different clients.
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Qualifications to Provide
Environmental Services- Housing Division
Kunzman Associates, Inc, provides services for transportation planning/traffic engineering, parking, noise/vibration
studies, expert witness, peer reviews, and air quality/global climate change/health risk assessments.
Key Staff
William Kunzman, P.E., will be the Kunzman Associates, Inc. Principal -In -Charge and assure that manpower and
material resources are allocated to complete the project on time and within the budget. His work experience includes
employment by the Federal Highway Administration, the Counties of Los Angeles and Riverside, and the City of Irvine.
His education includes completing undergraduate studies In engineering at University of California at Los Angeles (1967)
and graduate studies In traffic engineering at Yale University (1968).
Project Experience
Carver Elementary School Consolidation Traffic Impact Analysis 120171
First Carbon Solutions, Charles Holcombe — 909-884.2255 x1225
Carver Elementary School currently serves kindergarten through 3rd grade and Romero -Cruz Elementary School
currently serves 4th and 5th grade students which are proposed to be relocated to Carver Elementary School. The new
site will serve kindergarten through 5th grade and Its capacity will Increase by 300 students. The Romero -Cruz
Elementary School site is proposed to be replaced with a 9th through 12th grade community day school. The traffic
impact analysis contains documentation of Existing traffic conditions, trips generated by the project, distribution of the
project trips to roads outside the project as well as calculation of Existing Plus Project traffic conditions, and Opening
Year (2018) traffic conditions without and with the project.
The Line at Santa Ana Traffic Impact Analysis (2016)
The Line at Santa Ana, Daryl Sequeire — 310-5520065
The project site is located east of Harbor Boulevard and south of the Westminster Avenue in the City of Santa Ana. The
proposed mixed-use development consists of 4,000 square feet of retail land use and 228 apartment dwelling units. The
project site is proposed to provide access to Westminster Avenue. The traffic Impact analysis contains documentation of
existing traffic conditions, trips generated by the project, distribution of the project trips to roads outside the project,
analysis of existing plus project traffic conditions, and calculation of Opening Year traff ic conditions without and with the
project.
References
Rincon Consultants, Inc, is proud of its reputation as a leader in the environmental consulting industry that has been
developed over the past 23 years. The following references will attest to our performance on past projects. At your
request, we would be pleased to provide you with other references or work samples.
County of Los Angeles City of San lego, Real Estate City and County of San Francisco
Community Development Assets Department Mayor's Office of Housing and
Commission Mary Carlson Community Development
Donald Dean 519-236.6079 Eugene Flannery
626.586-1740 On -Call Phase I & 11 ESA Services 415-701.5598
LACDC On -Call Environmental NEPA Environmental Review
Consulting Services Services On -Call Contract
Hills Richmond American Homes City of Oxnard
Drs Sondra Harris Kathleen Mallory
53 949-467-2633 805-385-8370
fixed Use Phase I and Phase 11 ESA City of Oxnard CDBG Program
Page 13
25A-28
Qualifications to Provide
Environmental Services- Housing Division
Fee Schedule
Hourly Rates
Rincon Consultants, Inc.
The Rincon Consultants fee schedule illustrates how professionals and support time is charged to projects, Direct costs
associated with project labor are billed to the project as described under Reimbursable Expenses.
biologists, geologists, marine scientists, cultural resources experts and other
professionals, Expert witness services consisting of depositions or in -court testimony
are charged at the hourly rate of $295.
Photocopvina and Printing
Photocopies will be charged at a rate of $0.16/copy for single -sided copies and $0.32 for double -sided copies. Colored
copies will be charged at a rate of $1,50/copy for single -sided and $3.00/copy for color, double -sided or 11"X17" copies.
Oversized maps or display graphics will be charged at a rate of $8.00/square foot,
Reimbursable Expenses
Reimbursable Expenses are costs associated with completing a project that are not Include the hourly billing rates
described above, Reimbursable expenses include, but are not limited to, the following:
1, Direct costs associated with the execution of a project are billed at cost plus 15% to cover General and Administrative
services. Direct costs include, but are not limited to, laboratory and drilling services charges, subcontractor services,
authorized travel expenses, permit charges and filing fees, printing and graphic charges, mailings and postage,
performance bonds, sample handling and shipment, rental equipment and vehicles other then covered by the above
charges, etc. Communications charges and miscellaneous office expenses (including PDAs, cell phones, phone, fax,
and electronic data transmittals, digital cameras, photo processing, etc) are billed at 3% of total labor;
2. Transportation fees; company-owned vehicles will be billed $85/day for light-duty vehicles and trucks $135/day for 4-
WD/off road vehicles, plus $0.65/mite for mileage over 50. Mileage rate of $0.65/mile applies to all miles incurred in
employee -owned vehicles.
Page 14
25A-29
Qualifications to Provide
Environmental Services - Housing Division
VM3 Environmental, Inc.
All
Senior Consultant
• ,',
$ 90/hr
Consultant
____
Principal Associate
$ 57/hr
Project CoordinatorLL -
$125
$ 38/hr
�.-----..-_...__.....__...-_ _._.__
Clerical/Administrative/Accounting
Bulk Samples/Air Sam Ip es • Environmental Field Technician
.......-...__....---
$ 38/hr
$ 45/hr
Documentation Rates -Sam ling and Analysts Plan
Documentation Rates. Reeport. mparation
_ $ 4_0
$ 57/hr
$ 57/hr
Ambient Environmental
Kunzman Associates
UM•
• ,',
Princi al -—$125
$150
____
Principal Associate
Senior Associate
$125
Associate
_
$100
Junior Associate
$ 75
Technician
_ $ 4_0
Administrative Assistant
$40
Project Cost Estimates
Environmental Assessment & FONSI
Rincon Consultants proposes to prepare an EA/FCNSI for the sample project for $12,000. This Includes preparation of
Section 106 historic and archaeological reviews. We do not believe a traffic study would be needed for NEPA
compliance, but if determined to be needed Kunzman would prepare the study for an additional $3,800. The document
can be prepared within three weeks of the Notice to Proceed.
Lead and Asbestos Survey
Ambient Environmental proposes to prepare an Asbestos and Lead Based Paint Survey for the project for $700 and
VM3 Environmental would prepare the report for $1,550. The report would be prepared within 10 -working days by both
firms. This duration is inclusive of all laboratory analyses and project management activities, as well as the preparation
and delivery of the final report.
Page 15
25A-30
TO BE INCLUDED IN PROPOSAL
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION
Certification - I certify that I have read, understand and agree to the terms and conditions of this
Request for Proposals. I have examined the Scope of Services (Exhibit A) and t am familiar with the
scope of work requirements. I am familiar with all of the existing conditions and limitations that may
impact work requests. I understand and agree that I am responsible for reporting any errors, omissions
or discrepancies to the City for clarification prior to the submission of my proposal.
FEE SCHEDULE
Please provide a list of environmental services and forms that the firm has provided and can provide to the
City, along with a proposed fee schedule.
Fee Schedule outlined on page 14 of the proposal.
See f allowing page f or a list of services provided by Rincon Consultants.
Rincon Consultants, Inc. P/P 805-644-4455
LEGAL NAME OF COMPANY �T PHONE AND FAX NUMBER
180 North Ashwood Avenue, Ventura, CA 93003
BUSINESS ADDRE55
-0 ECBERAL IC1 Pd�, (IF APPLICABLE} — CONTRACTOR LICENSE NO. (IF APP'L'ICABLE) -^
City of Santa Aria Community Development Agency
Request for Proposals for Environmental Services - Housing Division
Page 11
25A-31
Rincon Consultants Services
Environmental and Land Use Planning
o CEQA Compliance: EIRs, ISs, Categorical
- Community Involvement Programs
Exemptions, EIR Addendums, MMRPs
- Energy and Water Infrastructure: Corridor Studies,
4 NEPA Compliance: EISs, EAs, FONSIs
Utility Alignments, Constraints Analyses
• Planning Services: General Plans, Specific Plans,
- Noise Studies, including Bio -Acoustic Evaluation
and Neighborhood, Community, and Area Plans
„ Air Quality Analysis
• Agency Staffing and Contract Planning Services
n Recreation and Open Space Planning
(entitlement reviews, counter assistance, staff
- Grant Application Assistance
reports)
Biological Resources Assessment and Regulatory Compliance
• Baseline Biological Resources Inventories and
- Biological Construction and Mitigation Monitoring
Vegetation Mapping
- Certified Arborist Tree Surveys and Impacts
• Biological Resources Effects/Impacts Analyses:
Assessments
Biological Assessments (Bas), Biological Evaluations,
- Regulatory Compliance, Mitigation, and Conservation
Natural Environment Studies (NESs)
Planning
• Rare, Threatened, and Endangered Plant and Wildlife
- Regulatory Permitting: USACE Clean Water Act
Species Surveys
(CWA) Section 404, RWQCB CWA Section 401,
a Nesting Bird Surveys
CDFW Fish and Game Code Section 1602, CCC
• Jurisdictional Delineations: U.S. Army Corp of
California Coastal Act Section 30233
Engineers (USACE), Regional Water Quality Control
- Federal Endangered Species Act Section 7
Board (RWQCB), California Department of Fish and
Consultations and Section 10 Habitat Conservation
Wildlife (CDFW), U.S. Fish and Wildlife Service
Plans
(USFWS), and California Coastal Commission (CCC)
- California Endangered Species Act Section 2081
Methodologies
Permits/Memorandum of Understandings (MOUs)
• California Rapid Assessment Method for Wetlands
and Natural Community Conservation Plans
• Tree Inventory, Health Assessment, Risk
Wetland, Riparian, and Upland Habitat Revegetation
Assessment, and Tree Protection Plans
and Restoration Planning
Eelgrass and Caulerpa Surveys, Essential Fish and
Habitat Analysis, Fisheries and Aquatic Ecology
Cultural Resources
o Literature Reviews/Records Searches/Archival
Research
• Native American Consultation
• Cultural Resource Surveys
• California Register of Historical Resources (CRHR)
and National Register of Historic Places (NRNP)
Eligibility Evaluations: Archaeological Site Testing,
Historic Built Environment Resource Evaluation,
Traditional Cultural Property (TCP) Evaluation
• Archaeological Data Recovery Programs
• Native American Monitor Training Programs
Environmental Site Assessment and Remediation
Phase I and II Environmental Site Assessments
(ESAs)
• Hazardous Waste Characterization
• Site Remediation: Planning, Design, and Construction
• Site Monitoring: Groundwater, Air, and Soil Vapor
• Underground Storage Tank Removal and
Investigation
• Health Risk Assessments
Water Resources
Storm Water Pollution Prevention Plans (SWPPP)
• Section '106 Consultation
• Memoranda of Agreement (MOA)
• Findings of Effects
• State Historic Preservation Officer (SHPO)
Consultation
Historic Preservation Plans
• Cultural Resources Management Plans
• Third Party Peer Review
• Phase I, 11, and III Paleontological Resources
Analysis
• Archeological and Native American Monitoring
• Environmental Construction/Grading Monitoring
n Methane Soil Gas Testing
• Spill Prevention Control and Countermeasure (SPCC)
Plan
= Transaction Screens
Asbestos/Lead Based Paint Testing
Geological and Seismic Studies
Storm Water Management and Compliance
Monitoring
Sustainability Services
• Climate Action Plans - Grant Writing for Sustainability and Climate Action
• Greenhouse Gas Emissions (GHG) Inventories Planning
• Assembly Bili (AB) 32 GHGIGas Offset Verification - Strategic Growth Council Prop 84 Sustainable
• Green Building Analysis - LEED® and Build It Community Planning Grants Projects
GreenTM Comprehensive Public Engagement and Outreach
• Solar Energy Expertise and CEQA Compliance for Programs
Solar Facilities o ASHRAE Lavel 1 and 2 Energy Audit
o Energy Action Plans
25A-32
TO BE INCLUDED IN PROPOSAL
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
services included in the scope of services. Attach additional a es if required for additional references.
The City reserves the right to contact each of the references listed for additional Information regarding your
firm's qualifications.
Reference No. 1
County of Los Angeles Community
Customer Name: Development Commission Contract Individual: Scott Steveson
Address: 700 W Main St, Alhambra, CA 91801 Phone Number: 626-262-4511
Facsimile Number:
Contract Amount: Over $2,000,000 to date Year;
Description of environmental services provided:
1998 - Present
On -Call Environmental consulting services including NEPA documentation, Phase I and II Environmental Site Assessments,
Technical Studies, and sustainability services.
Reference No. 2
Customer Name: City of Oxnard Contract Individual: Norma Owens
Address: 300 W.Third Street, Oxnard, CA 9303613hone Number: 805-385-7969
Facsimile Number:
Contract Amount: Over $300,000 to date Year; 2004 - Present
Description of environmental services
provided:
NEPA documentation for the City of Oxnard CDBG program; more than 170 projects to date.
City of Santa Ana Community Development Agency
Request for Proposals for Environmental Services - Housing Division
Page 13
25A-33
Reference No, 3
Customer Name:
Address:
Richmond American Homes of
Maryland, Inc.
5171 California Avenue, Suite 120
Irvine CA, 92617
Contract Individual:
Phone Number:
Facsimile Number:
Contract Amount: Over $500,000 to date Year: 2006 - Present
Description of environmental services
provided:
Master Services Agreement to conduct Phase I and/or Phase II ESAs for various properties; over 100 prepared to date.
Sondra Harris
949-467-2633
Additional references available in SOQ Relevant Experience Section.
City of Santa Ana Community Development Agency
Request for Proposals Environmental Services -- Housing Division
Page 14
25A-34
EXHIBIT E
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION
PROPOSAL & CONTRACT AGREEMENT
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted
by the City of Santa Ana (hereinafter "the City") shall constitute the entire agreement between proposer and the
City only after it has been accepted by the City, endorsed by the Clerk of the Council with his/her signature and
official seat noting here on the action of approval of the Council, signed by the Executive Director or his/her duly
authorized agent, and signed by the City Attorney, denoting his/her approval of the farm of this document, and its
execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United
States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish the
City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays
and the City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by the City because of the failure to enter into an Agreement
and/or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered
by the City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof
shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the
RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract
will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the Specifications, the Certification of Non -Discrimination by Owners, and the Workers'
Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made
specifically as part of this RFP.
Itincon Consultants, Inc.
Principal/Vice-President
Joe Power, AICP CCP
City of Santa Ana Community Development Agency
Request for Proposals Environmental Services — Housing Division
Page :IS
25A-35
5/23/17
MU-11111062mm"OL
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES • HOUSING DIVISION
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
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, national origin or any other protected class. 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, national origin or any other protected class. 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, national origin or any other protected class.
3, The Contractor shall send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the Contractor's commitments Linder 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, 1966,,and of
the rules, regulations, and relevant orders of the Secretary of Labor,
5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his/her books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in
whole or in part and the Contractor may be declared ineligible for further Government contracts or federally
assisted construction/services contracts in accordance with procedures authorized in Execution Order
1,1246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the
Secretary of Labor, or as otherwise provided by law.
City of Santa Ana Community Development Agency
Request for Proposals Environmental Services — Housing Division
Page 16
25A-36
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
8. Contractor may request that the United States enter into such litigation to protect the interests of the United
States.
9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 State. 1039, and as amended,
No discrimination shall be made in the employment of persons because of race, religious creed, color national
origin, ancestry, physical handicaps, mental condition, marital status, sex of such persons, or any other protected
class, except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties
imposed for a violation of the Chapter.
Rincon Consultants, Inc.
M
Joe Power, AICP CEP
City of Santa Ana Community Development Agency
Request for Proposals Environmental Set -vices — Housing Division
Page 17
25A-37
5/23/17
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES HOUSING DIVISION
PROPOSAL AND CONTRACT AGREEMENT
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA,
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER
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
PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or
of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of
anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that
the PROPOSER 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. PROPOSERS are
cautioned that making a false certification may subject the certifier to criminal prosecution.
State of California
County of —V --------:
Subscribed and sworn to (or affirmed) before me on this _ _ day of /� 0,� ,- 20 �, by
` 0 , proved to me on the basis of satisfactory evidence to be the person(a
who appeared before me.
PAULA WAI.SN...,,,t
Notary Public Signature Notary Public Seal ;:.°"LLA" commission r 2090583
7 CK'«ri Notary Pubilc • California a
` 2' Ventura County a.
"' � My comm. FEx�ire$ Agar P, 2019 ,
City of Santa Ana Community Development Agency
Request for Proposals Environmental Services — Housing Division
Page IS
25A-38
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
APPROVE AN AGREEMENT WITH ORANGE
COUNTY WATER DISTRICT FOR SALES
AND DISTRIBUTION OF RECYCLED
WATER
(STRATEGIC PLAN NO. 4, 1 &J5, 2)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1s' Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve an agreement with Orange County Water District for sale and distribution of recycled
water in the City of Santa Ana for a period of thirty years ending June 30, 2047.
DISCUSSION
On September 21, 1988, the City of Santa Ana entered into an agreement (Exhibit 1) with Orange
County Water District (OCWD) to participate in the Green Acres Project for distribution and sale
of recycled water within the City of Santa Ana. This agreement has served the City and OCWD
well. Several Santa Ana water customers in the southwest portion of the city currently use
recycled water for irrigation, saving them money and preserving the City's potable water supply
for higher uses.
The existing agreement mandates a maximum retail rate for recycled water not to exceed 80% of
the City's potable water rate. That is to say, if the City charged $1.00 per hundred cubic feet (ccf)
of potable water, the agreement caps the City's recycled water rate at $0.80/ccf; i.e., a discount of
$0.20/ccf. This mandatory discount was originally intended to entice potential recycled water
users and to promote program development and system expansion. The policy established
reasonable means to achieve legitimate policy ends.
There are two reasons why this policy is no longer feasible. First, since its inception, the Green
Acres Project has received subsidies for recycling from the Metropolitan Water District of
Southern California (MET). That arrangement is now ending, and program rates need to adjust
based on new costs.
Second, in May of 2015, in the matter of Capistrano Taxpayers Association, Inc. v. City of San
Juan Capistrano (Case No. G048969), the California 4th District Court of Appeal, Division Three,
ruled that water rates set by water utilities must reflect the cost of service, and therefore may not
be indexed or tiered in an arbitrary fashion strictly to advance other policy goals. This decision
interprets amendments to the California Constitution that occurred after the original agreement
2513-1
APPROVE AN AGREEMENT WITH ORANGE COUNTY WATER
DISTRICT FOR SALES AND DISTRIBUTION OF RECYCLED WATER
August 1, 2017
Page 2
(A-88-129) was implemented. The Courts' interpretation of California's Constitution and the
changing nature of its water supplies compel OCWD to modify its agreements with Green Acres
Project retailers, including Santa Ana.
The new agreement presented for consideration (Exhibit 2) removes the 80% rate cap, and
permits the City to set rates at cost. The City's Water Resources Division has tasked a consultant
to determine the cost of service, and to provide guidance on any recommended changes in
recycled water rates that may be necessary. Upon completion of the analysis, staff will return to
Council if changes are appropriate. Staff is not proposing changes to retail recycled water rates at
this time.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #4 - City Financial Stability,
Objective #1 (maintain a stable, efficient and transparent financial environment); and, Goal #5 -
Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities
for conservation and environmental sustainability).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Public Works Agency
FM/NS
Exhibits: 1. Agreement dated September 21, 1988 (A-88-129)
2. Agreement dated July 1, 2017
25B-2
JDK:bc: 10/10/88 t�
�2+5:r�Cwb szU SaKa N
PA
G1
' C $oa/n FiuMe wa�c
AGREEMENT BETWEEN ORANGE COUNTY WATER ` 2! Z6"
DISTRICT AND CITY OF EGARDING�� q��-�f
DISTRIBUTION AND SA OF G EN ACRES
PROJECT WATER (�
THIS AGREEMENT, made and entered into as of Sept. 21
1988, by and between the ORANGE COUNTY WATER DISTRICT (here-
inafter "OCWD") and the CITY OF SANTA ANA, (hereinafter
"RETAILER").
RECITALS
A. OCWD was created by the OCWD Act, Ch. 924, Stats.
1933, as amended, for the purpose of protecting and managing
the Orange County groundwater basin. The OCWD Act empowers
OCWD to manage the groundwater basin, to provide for the
conservation of the quantity and quality of water in the
groundwater basin, to conserve and reclaim water within or
outside of the boundaries of OCWD, to sell or otherwise put
to beneficial use any water or reclaimed wastewater in order
to conserve groundwater resources, and to distribute water to
persons in exchange for ceasing or reducing the extraction of
groundwater from the groundwater basin.
B. OCWD purchases imported water from the Metropolitan
Water District of Southern California (hereinafter "MWD"),
through its member public agencies, for spreading and replen-
ishment purposes, and obtains wastewater from the County
Sanitation Districts of Orange County (hereinafter "CSDOC")
for renovation -reclamation and groundwater injection.
25B-3
OCWD R88-9-175
EXHIBIT 1
JDK:bc: 10/10/88
C. Reclaimed wastewater currently produced by OCWD is
suitable for a number of non -potable uses, including, but not
limited to, landscape irrigation and industrial uses.
D. RETAILER is a municipal corporation organized and
existing pursuant to the laws of the State of California.
RETAILER is the exclusive retail water purveyor, including
water for residential, industrial, commercial, public agency,
agricultural and other uses, within RETAILER's boundaries.
RETAILER currently distributes potable water in part
purchased from the MWD and in part produced from groundwater
within its boundaries. The corporate and water service
boundaries of RETAILER are within the jurisdictional
boundaries of OCWD.
E. Landscape irrigation and industrial water users
within the jurisdictional and service boundaries of RETAILER
currently either purchase potable water from RETAILER for
their use, or produce water from the groundwater basin by
means of their own facilities for their own use, which
private groundwater production is under the jurisdiction and
control of OCWD.
F. OCWD desires to construct, operate and maintain a
water treatment facility, transmission mains and distribution
pipeline system (including mainlines and service lines) and,
in some cases, on-site plumbing, to be known as the "Green
Acres Project," for the purpose of reclaiming wastewater
received from CSDOC (hereinafter, "Project Water") and
distributing the Project Water for appropriate landscape
25B-4
-2-
EXHIBIT 1
JDK:bc: 10/10/88
irrigation and industrial purposes in order to supplement and
conserve the supply of potable groundwater available to the
residents and water users within the boundaries of OCWD. A
plat depicting the location of the facilities comprising the
Green Acres Project which OCWD intends to construct, operate
and maintain is set forth as Exhibit "A" hereto.
G. OCWD and RETAILER mutually acknowledge that the use
of reclaimed water for landscape irrigation is of mutual
benefit to OCWD and RETAILER in fulfilling their joint
responsibilities for the conservation of water resources in
accordance with Sections 13550 and 13551 of the California
Water Code.
H. OCWD desires to sell Project Water to RETAILER for
resale by RETAILER to appropriate landscape irrigation and
industrial water users within the service boundaries of
RETAILER, and RETAILER desires to purchase Project Water from
OCWD for such resale purposes.
AGREEMENTS
NOW, THEREFORE, in consideration of the facts recited
above and the terms, covenants and conditions herein
contained, the parties hereto agree as follows:
SECTION ONE: FACILITIES FOR DELIVERY AND DISTRIBUTION
OF PROJECT WATER
1.1 OCWD shall enter into a contract or contracts on or
before October 1, 1988 for the construction of the Green
Acres Project, and all facilities to produce, transport and
distribute Project Water for the herein specified purposes
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(hereinafter, the "Project Facilities"). A plat depicting
that portion of the Project Facilities which OCWD shall
construct, operate and maintain within the boundaries of
RETAILER is attached hereto as Exhibit "A". OCWD shall cause
the Project Facilities to be completed and operational on or
before June 1, 1991, and RETAILER shall incur no cost or
liability in connection with the design or construction of
the Project Facilities.
1.2 The Project Facilities to be constructed shall
include a distribution pipeline system from the site of the
Green Acres Project Water Treatment Facility, to be located
at 10500 Ellis Avenue, Fountain valley, California, to the
point of connection to each of the proposed Project Water
customers within the boundaries of RETAILER (hereinafter,
"Project Customers"), for the purpose of distributing Project
Water to RETAILER at the points of connection of the Project
Customers for purchase by RETAILER and resale to the Project
Customers. The names, addresses and anticipated annual
Project Water demands of each Project Customer are set forth
in Exhibit "B" hereto and incorporated herein by this
reference.
1.3 OCWD shall obtain all permits required to construct
and operate the Project Facilities, including the
distribution pipeline system and ancillary facilities to be
located within the public rights of way as shown on Exhibit
"A" hereto, as well as those facilities which are necessary
to produce, deliver and distribute Project Water for the
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herein described purposes; and OCWD shall further obtain
those permits that Project Customers may be required to
obtain. OCWD shall cause the Project Facilities within the
boundaries of RETAILER to be constructed in accordance with
the construction standards of RETAILER in effect as of the
date of the award by OCWD of the contract or contracts for
such construction. The Project Facilities shall be owned by
OCWD; provided, however, that RETAILER shall perform on
behalf of OCWD all maintenance, repair and replacement of the
Project Facilities located within the boundaries of RETAILER,
pursuant to paragraph 4.1 hereinbelow. In this regard:
1.3.1 OCWD agrees to restore roads, streets,
alleys, avenues, highways, drainage facilities, or any
other public way or property used for construction,
operations, or maintenance of the Project Facilities
within RETAILER's boundaries to at least the same
condition existing prior to construction, operation or
maintenance of the Project Facilities, to the reasonable
satisfaction of RETAILER's Director of Public Works.
1.3.2 OCWD agrees to provide adequate
safeguards to afford security to life and property
during construction, operation, and maintenance of the
Project Facilities, with due regard being given to other
existing uses of public roads, streets, alleys, avenues,
highways, drainage facilities, public ways and property
within the boundaries of RETAILER.
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1.3.3 OCWD agrees to use its best efforts to
minimize noise, dust, pollution and problems relating to
police and fire protection within the boundaries of
RETAILER throughout construction, operation and
maintenance of the Project Facilities within RETAILER's
boundaries.
1.3.4 OCWD agrees to construct, operate and
maintain the Project Facilities within the boundaries of
RETAILER in conformance with the "Standard Provisions
for Water System Construction in the City of Santa Ana,"
as the same now reads or as may hereafter be amended at
the time of such Project Facilities construction,
operation or maintenance, as the case may be, a copy of
which is on file in the office of RETAILER's Director of
Public Works, and to which copy reference is hereby made
for full particulars.
1.3.5 The parties understand and agree that
OCWD's rights to construct, maintain, operate, inspect,
repair and replace the Project Facilities within the
lands and rights-of-way of RETAILER do not constitute
vested property rights and are expressly subject to and
governed solely by this Agreement.
1.4 OCWD shall, at no cost to RETAILER, provide a
metering device meeting RETAILER's specifications, to be
owned, operated and maintained by RETAILER, for the purpose
of measuring the quantity of Project Water purchased by
RETAILER and resold by RETAILER to each 'Project Customer.
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RETAILER shall be responsible for ensuring the accuracy of
the metering device. Any costs incurred in modifying the
size of existing RETAILER meters shall be the responsibility
of OCWD. The quantity of Project Water measured by the
meters to be owned, operated and maintained by RETAILER shall
be the sole basis for determining the quantity of Project
Water delivered and sold by RETAILER to each Project Customer
under Section Two of this Agreement. In the event that a
meter measuring the quantity of Project Water delivered by
RETAILER to a Project Customer indicates a lesser quantity
than OCWD's meter measuring the quantity of Project Water
delivered to RETAILER for resale to a Project Customer, OCWD
shall be responsible for the cost of such difference, and
RETAILER shall not be liable therefor. In the event RETAILER
has a separate metering device serving exclusively non -
potable uses on the premises of a Project Customer, OCWD may
sell Project Water to RETAILER by connecting the Project
Facilities distribution pipeline system directly to the
separate non -potable meter so long as the standards and
requirements of RETAILER and any other governmental agency
having jurisdiction over the quality of Project Water are
satisfied.
1.5 In order to avoid the risk that Project Water may
enter into RETAILER's potable water distribution system, OCWD
shall, at its own expense, install on RETAILER's potable
water system a backflow prevention device or devices approved
by RETAILER at a location or locations designated in writing
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by RETAILER. Such backflow prevention devices shall be
installed prior to the commencement of deliveries of Project
Water to a particular connection point. OCWD shall provide
for separate marking of the non -potable Project Water system
in accordance with standards and regulations in existence as
of the date of this Agreement.
1.6 The Project Water distribution pipeline system
shall be constructed by OCWD with sufficient capacity to
allow RETAILER to serve known landscape irrigation and
industrial water users. OCWD shall sell to RETAILER, and
RETAILER shall purchase from OCWD, sufficient quantities of
Project Water for RETAILER to sell to the projected Project
Customers as shown on Exhibit "B," and such other and future
Project Customers as are provided for herein, but only to the
extent that RETAILER has contracts with such other and future
Project Customers for the sale of Project Water; provided,
however, that a water user within the service boundaries of
RETAILER shall become a Project Customer only with the
approval of both OCWD and RETAILER; and provided further,
that OCWD shall have the sole discretion to determine whether
to expand the Project Facilities or the production and
distribution capacity of the Project Facilities to meet any
future demand for Project Water that may be generated within
the boundaries of RETAILER. In this regard, the listing of
Project Customers attached hereto as Exhibit "B" represents a
listing of both the known Project Customers as of the date of
this Agreement, and potential future Project Customers. OCWD
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and RETAILER mutually understand and agree that additional
landscape irrigation and/or industrial water users within the
boundaries of RETAILER may at some future time be served with
Project Water and become Project Customers without the
necessity of amending this Agreement. All future water users
within the service boundaries of RETAILER who become Project
Customers shall execute an agreement for the purchase of
Project Water in the form attached hereto as Exhibit "C", and
further shall be subject to the Project Rules to be adopted
by RETAILER pursuant to paragraph 5.3 hereinbelow.
SECTION TWO: PURCHASE AND SALE OF PROJECT WATER
2.1 OCWD shall complete the construction and commence
operation of the Project Facilities by June 1, 1991, barring
delays due to unforeseeable causes beyond the control and
without the fault or negligence of OCWD or its contractors.
If OCWD is permitted by all regulatory agencies having
jurisdiction over OCWD to distribute Project Water, then,
during the term of this Agreement, RETAILER shall have the
exclusive right to purchase Project Water from OCWD, at the
point of connection to each Project Customer, and to resell
Project Water to the Project Customers shown on Exhibit "B,"
and such other landscape irrigation and industrial water
users within the boundaries of RETAILER that may be added as
Project Customers in accordance with paragraph 1.6 above.
2.2 Concurrently with and as a condition precedent to
any obligations of OCWD or RETAILER pursuant to this
Agreement, RETAILER shall commit to purchase Project Water
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for RETAILER's own use, and/or enter into separate agreements
with the proposed Project Customers in substantially the form
to be attached to and herein incorporated as Exhibit "C" for
the purchase by Project Customers of Project Water from
RETAILER, contingent upon its availability from OCWD. In the
event RETAILER and other purveyors of Project Water are
unable by December 1, 1988 (or as otherwise agreed to in
writing by OCWD) to commit to purchase for their own use, or
enter into agreements for the sale of, at least fifty percent
(50%) of the total demand, as set forth in Table 1 of Exhibit
"B," for Project Water each year during the term hereof, this
Agreement shall terminate.
2.3 RETAILER shall commence the purchase and resale of
Project Water upon receiving at least sixty (60) days advance
written notice from OCWD of the availability of such Project
Water.
2.4 RETAILER shall purchase the Project Water from
OCWD, at the point of its metered connection, for an amount
to be determined by the OCWD Board of Directors in its
discretion, not to exceed eighty percent (80%) of the "area
groundwater cost" as defined in Section 2.5 hereinbelow. The
point of connection and sale of the Project Water from OCWD
to RETAILER shall be at the meter which measures the flow of
Project Water to each Project Customer, as described in
Section 1.4 hereinabove.
2.5 For the purpose of this Agreement, the "area
groundwater cost" shall be the same as the fixed and variable
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costs of groundwater production as listed in the most recent
OCWD Engineer's Report prepared pursuant to Section 31.5(a)
of the OCWD Act, plus the replenishment assessment imposed by
OCWD pursuant to the authority contained in Section 27 of the
OCWD Act, and any additional replenishment assessments which
may be imposed by OCWD pursuant to the authority contained in
Section 27.1 of the OCWD Act, which replenishment assessments
and additional replenishment assessments are established in
April of each year but do not become effective until the
following July of each year. The parties mutually recognize
and agree that the area groundwater cost may change each year
during the term of this Agreement, as a function of changes
in the cost of operation and maintenance, energy, the
replenishment assessment levied by OCWD, and the levy of any
additional replenishment assessment by OCWD.
2.6 The governing body of RETAILER shall establish the
rate for the resale of Project Water to each Project
Customer, in an amount not to exceed eighty percent (80%) of
the "potable water" rate established by RETAILER.
2.7 RETAILER shall read the Project Water meter for
each Project Customer on a sixty (60) day cycle. The Project
Water meter reading date shall coincide with RETAILER'S
reading of the meter which measures the quantity of potable
water delivered by RETAILER to the Project Customer that
month. Within sixty (60) days thereafter, RETAILER shall
transmit to OCWD a statement setting forth the Project Water
rate established by RETAILER pursuant to paragraph 2.6 during
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EXHIBIT 1
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that billing period, a description of the maintenance, repair
and replacement activities of RETAILER, and the amount of
such actual costs incurred by RETAILER, pursuant to Section
4.1 hereinbelow during that billing period, and indicating,
for each Project Customer, the current meter reading, the
previous meter reading, and the total quantity of Project
Water purchased from OCWD and resold by RETAILER to such
Project Customer during the billing period. Together with
this statement, RETAILER shall transmit to OCWD payment in
accordance with paragraphs 2.4 and 2.5 for the Project Water
purchased from OCWD by RETAILER and resold by RETAILER to all
of the Project Customers during the billing period, after
deducting therefrom the actual costs incurred by RETAILER in
maintaining, repairing and replacing the Project Water
distribution system within RETAILER's boundaries as set forth
in Section 4.1 hereinbelow.
SECTION THREE: PROJECT WATER QUALITY REGULATIONS
3.1 OCWD shall deliver and sell to RETAILER pursuant to
this Agreement Project Water that shall conform to all
current and future requirements established by the California
Regional Water Quality Control Board - Santa Ana Region, and
all other federal, state and local agencies having
jurisdiction to fix minimum standards for the anticipated
landscape irrigation and industrial uses of the Project Water
by the Project Customers listed in Exhibit "B" hereto. The
anticipated quality of Project Water shall be as shown on
Exhibit "D" attached hereto and incorporated herein, or as
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EXHIBIT 1
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subsequently amended to conform to any future regulatory
requirements for such use; provided, however, that OCWD shall
not have any obligation to modify the quality of Project
Water to meet the needs of any particular Project Customer.
3.2 During the term of this Agreement, OCWD shall pay
all costs imposed by any and all governmental agencies having
jurisdiction over the quality or use of Project Water for the
issuance of any permits, licenses or approvals required for
the production, treatment, distribution or sale of Project
Water. OCWD further shall be responsible for paying any
charges, fees, surcharges, assessments or other sums imposed
or levied upon Project Water by the Municipal Water District
of orange County.
3.3 OCWD shall inform RETAILER promptly after becoming
aware of any proposed or actual modifications by any agency
having jurisdiction over the quality of Project Water to any
requirements governing the minimum standards of quality for
or use of Project Water, or of any changes in the legally
permissible uses which might affect the use of the Project
Water sold by OCWD to RETAILER for resale by RETAILER to
Project Customers, and OCWD shall bear all costs of
conforming to any such future requirements. RETAILER shall
have no obligation to pay the cost of meeting any future
requirements governing the standards of quality for, or use
of, Project Water.
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SECTION FOUR: OPERATING OBLIGATIONS OF THE
PARTIES.
4.1 During the term of this Agreement, OCWD shall
manage, operate and maintain the Project Facilities in an
efficient manner and in accordance with the highest standards
of skill and workmanship; provided, however, that OCWD hereby
contracts with RETAILER for the performance by RETAILER of
the actual maintenance, repair and replacement responsibil-
ities with respect to those Project Facilities located within
the service boundaries of RETAILER. RETAILER recognizes the
special quality considerations relating to Project Water, and
RETAILER shall perform its maintenance, repair and
replacement responsibilities in an efficient manner and in
accordance with the highest standards of skill and
workmanship. OCWD retains the right, upon sixty (60) days
written notice to RETAILER, to make repairs to Project
Facilities within the service boundaries of RETAILER if they
are not made by RETAILER in a timely or efficient manner.
RETAILER shall receive as a credit against all monies 'due
OCWD pursuant to paragraph 2.8 hereinabove for the sale of
Project Water the cost of such maintenance, repair and
replacement activities actually undertaken by or on behalf of
RETAILER, which costs shall include the actual labor,
material and equipment costs, plus overhead costs, incurred
by RETAILER and necessary for such maintenance, repair and
replacement activities.
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4.2 Notwithstanding the provisions of paragraph 4.1,
the operating responsibility of OCWD with respect to the
Project Facilities shall include the maintenance of quality,
quantity and pressure of the Project Water, and compliance
with all regulatory requirements and conditions applicable to
the distribution and sale of Project Water, to the point of
connection to each Project Customer.
4.3 RETAILER shall, at no cost to OCWD, assume
ownership of, service, maintain and read the Project Water
meter and valve set and meter box/vault for each Project
Customer in the same manner that RETAILER would for a
customer service meter attached to its potable water system.
RETAILER further shall, at no cost to OCWD, be responsible
for customer service functions relating to Project Customers,
including but not limited to billing and collection of
payments from Project Customers for the Project Water, record
keeping, and notification to OCWD of the quantity of Project
Water delivered through the Project Customer's meter during
each meter reading period.
4.4 OCWD shall have the right to review the books,
records and accounts maintained by RETAILER relating to the
Project Water and Project Customers during normal business
hours, upon forty-eight (48) hours prior written notice to
RETAILER.
4.5 OCWD shall operate the Project Facilities in such a
manner that Project Water shall be delivered to the point of
connection to each Project Customer on a continuous basis at
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a pressure of not less than sixty (60) pounds per square inch
between the hours of 8:00 P.M. and 6:00 a.m., and not less
than twenty (20) pounds per square inch between the hours of
6:00 a.m. and 8:00 p.m.
4.6 Except as provided in paragraph 9.6 hereinbelow, in
the event that, at any time during the term of this
Agreement, OCWD for any reason cannot or chooses not to
produce Project Water from its Green Acres Project Water
Treatment Facility described in paragraph 1.2 hereinabove,
OCWD shall provide through the Project Facilities, or
otherwise, at a cost equal to the cost of Project Water,
sufficient water of a quality at least equal to the quality
of Project Water to meet the landscape irrigation and
industrial water needs of all of the Project Customers;
provided, however, that OCWD shall have no such obligation in
the event that Project Water cannot be delivered to Project
Customers due to damage to, breaks or other disruptions in
the distribution facilities transporting Project Water to
Project Customers.
SECTION FIVE: PROJECT WATER RULES AND REGULATIONS.
5.1 All Project Water produced by OCWD for delivery and
sale to RETAILER shall be in accordance with the terms and
conditions of the discharge requirements and primary user
permit for the Project Water issued to OCWD by the California
Regional Water Quality Control Board - Santa Ana Region.
OCWD has obtained and shall maintain a blanket primary user
permit for the production, distribution and sale of Project
25B-18
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EXHIBIT 1
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Water, and shall at all times maintain such permit and bear
all costs in complying with all present and future provisions
thereof and all renewals or subsequent such permits.
5.2 OCWD shall promulgate and enforce rules and regula-
tions regarding the distribution, delivery and sale of
Project Water to RETAILER, and governing the use of Project
Water resold by RETAILER to Project Customers (hereinafter,
the "Project Rules"). OCWD shall pay all costs incurred in
the drafting and preparation of the Project Rules. OCWD
shall obtain all requisite certifications and approvals from
all federal, state and local agencies having jurisdiction
over the production, quality and use of Project Water,
including, but not limited to, the California Regional Water
Quality Control Board - Santa Ana Region, and the State of
California Department of Health, that such Project Rules
comply with the regulations, requirements and orders of such
regulatory agencies.
5.3 OCWD shall transmit to RETAILER such approved
Project Rules for adoption by RETAILER, and RETAILER shall,
within ninety (90) days after receipt thereof, incorporate
the Project Rules into RETAILER's promulgated rules and
regulations governing the distribution, delivery and sale of
water within the service boundaries of RETAILER. Promptly
upon adoption, RETAILER shall transmit to OCWD RETAILER'S
adopted Project Rules, and RETAILER shall notify OCWD of any
amendments to or modifications of the Project Rules adopted
by RETAILER. Should OCWD choose either to make reasonable
25B-19
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EXHIBIT 1
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amendments or modifications to the Project Rules not contrary
to this Agreement, or be required by any governmental agency
exercising jurisdiction over the distribution, sale or use of
the Project Water tomodify or amend the Project Rules, OCWD
shall promptly furnish such modifications or amendments to
RETAILER; and RETAILER shall, after being provided a ninety
(90) day period in which to review, comment upon, and/or meet
and confer with OCWD regarding such proposed modifications or
amendments, incorporate such modifications or amendments into
RETAILER's adopted rules and regulations.
5.4 RETAILER shall include in its promulgated rules and
regulations provisions requiring, whenever feasible and if
Project Water is available, that any new or future customer
of RETAILER, as a condition to receiving potable water
service from RETAILER, to become a Project Customer and to
accept and use Project Water in lieu of RETAILER's potable
water supply for appropriate landscape irrigation and
industrial purposes. RETAILER shall further include in its
promulgated rules and regulations a requirement that any new
or future Project Customer permit representatives of OCWD and
RETAILER to enter the premises of the Project Customer at all
reasonable times for the purpose of monitoring, inspecting,
analyzing and observing the Project Customer's on-site
Project Water facilities and the utilization by the Project
Customer of Project Water.
5.5 For purposes of paragraph 5.4 of this Agreement,
"feasibility" shall be presumed if OCWD and RETAILER mutually
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determine in their discretion that Project Water is available
and that the Project Facilities can accommodate the new or
future landscape irrigation or industrial water customer of
RETAILER. For purposes of Section 5.4 of this Agreement, the
use of Project Water for landscape irrigation or industrial
uses shall be presumed "appropriate" if the use of Project
Water by a new or future Project Customer for landscape
irrigation or industrial applications will neither violate
any minimum water quality or health standards established by
any federal, state or local agency having jurisdiction over
the quality of Project Water, nor significantly and adversely
affect either the Project Customer's plantings or the
industrial processes or products served by the Project Water.
5.6 In connection with RETAILER's adoption of the
Project Rules as part of its rules and regulations, and at
the request of RETAILER, OCWD shall cooperate with and assist
RETAILER in obtaining from the State of California Water
Resources Control Board any necessary certifications,
findings or orders authorized under Sections 13550 and 13551
of the California Water Code to require the use of Project
Water for landscape irrigation uses within the service
boundaries of RETAILER.
5.7 The parties understand and agree that Project Water
delivered and sold by OCWD to RETAILER pursuant to the terms
of this Agreement has limited uses, and OCWD shall deliver
and sell to RETAILER Project Water only for those uses and
purposes which are legally permissible under the laws of the
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State of California and the rules, regulations and directions
of the appropriate federal, state and local regulatory
agencies exercising jurisdiction over the quality and use of
Project Water. in this regard, OCWD and RETAILER shall
cooperatively enforce Project Rules limiting the use of
Project Water to legally permissible landscape irrigation and
industrial applications, and shall monitor the use of Project
Water by Project Customers to safeguard against any misuse or
improper application of Project Water by Project Customers.
SECTION SIX: PROJECT WATER DELIVERY TO EXCLUSIVE GROUND-
WATER USERS
6.1 This Section Six shall apply only with respect to
water users located within the Green Acres service area
boundaries and within the service boundaries of RETAILER who,
as of the date of this Agreement, are not presently served
potable water by RETAILER for their landscape irrigation
uses, but who rely instead exclusively upon their own private
groundwater production to satisfy their landscape irrigation
demands (such water users are hereinafter referred to as
"Groundwater Customers").
6.2 With the assistance and cooperation of OCWD,
RETAILER shall use its best efforts to enter into agreements
with each Groundwater Customer, under which the Groundwater
Customer shall agree not to produce groundwater to satisfy
its landscape irrigation demands, and purchase from RETAILER
and use Project Water in lieu of groundwater for landscape
irrigation purposes. In consideration for purchasing and
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using Project Water in lieu of groundwater, RETAILER shall
sell Project Water to each Groundwater Customer at a rate
equal to the variable groundwater production cost, including
any Replenishment Assessment and additional Replenishment
Assessment imposed by OCWD pursuant to Sections 27 and 27.1
of the OCWD Act, as shown in the most recent OCWD Engineer's
Report prepared pursuant to Section 31.5(a) of the OCWD Act.
6.3 RETAILER shall read the Project Water meter for
each Groundwater Customer at the same time during each sixty
(60) day cycle, and shall perform the same customer service
functions for Groundwater Customers that RETAILER performs
for Project Customers pursuant to paragraph 4.3 hereinabove.
6.4 Within sixty (60) days after reading the meters of
Groundwater Customers as set forth in paragraph 6.3
hereinabove, RETAILER shall forward to OCWD a statement
indicating, for each Groundwater Customer, the current meter
reading, the previous meter reading, and the total quantity
of Project Water delivered and sold to RETAILER for resale to
such Groundwater Customer during the billing period, together
with payment for the Project Water purchased by all
Groundwater Customers during the preceding month. The
payments to be made by RETAILER to OCWD herein shall comprise
the amounts actually owed by each Groundwater Customer to
RETAILER, less a sum representing ten dollars ($10.00) for
each acre foot of Project Water purchased by the Groundwater
Customers from RETAILER. Commencing in the year in which
Project Water deliveries commence under this Agreement, the
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EXHIBIT 1
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credit to RETAILER of ten dollars ($10.00) shall be adjusted
annually in accordance with the Consumer Price Index
published by the United Stated Department of Labor for the
Long Beach - Santa Ana - Anaheim metropolitan area. This
annually adjusted credit to RETAILER shall serve as full and
adequate compensation to RETAILER for the costs incurred by
RETAILER in assuming ownership of, servicing, maintaining and
reading the Project Water meter for each Groundwater Customer
in the same manner that RETAILER would for a customer service
meter attached to its potable water system, and for providing
to the Groundwater Customers those customer services
functions provided by RETAILER to Project Customers pursuant
to -paragraph 4.3 hereinabove.
6.5 In the event either that a Groundwater Customer
abandons its groundwater production facility or that OCWD
determines that a Groundwater Customer is no longer capable
of producing groundwater for its landscape irrigation needs,
OCWD shall have the exclusive authority and discretion,
without the necessity of amending this Agreement, to remove
such water user from the designation of "Groundwater
Customers." In such event, the former Groundwater Customer
shall be treated as a Project Customer for all purposes
hereunder, including but not limited to the retail sale of,
and billing and payments for, Project Water.
SECTION SEVEN: INDEMNITY AND INSURANCE
7.1 OCWD shall save RETAILER harmless from and against
and shall indemnify RETAILER from any liability, loss, costs,
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expenses or damages however caused by reason of any injury
(whether to body, property, or personal or business character
or reputation) sustained by or to any person or property by
reason of any act, neglect, default, or omission of OCWD or
any of its agents, employees, or representatives, or caused
by reason of the design, construction, operation or
maintenance of the Project Facilities, or the distribution
and sale to RETAILER for resale purposes herein of Project
Water that does not meet the quality standards set forth in
Title 22 of the California Administrative Code; provided,
however, that OCWD shall not be responsible for the negligent
operation, maintenance or repair of the Project Facilities
within RETAILER'S service boundaries by RETAILER, the
negligent operation, maintenance or repair by RETAILER or any
Project Customer or Groundwater Customer of Project Water
distribution and storage facilities located on the lands of
any Project Customer or Groundwater Customer, and/or the
misuse or misapplication of the Project Water on the Project
Customer's or Groundwater Customer's side of the Project
Water meter by any person, including RETAILER or any Project
Customer or Groundwater Customer. If RETAILER is sued in any
court for damages by reason of any of the acts for which OCWD
is required to indemnify RETAILER in this paragraph 7.1,
including but not by way of limitation, damages arising out
of a products liability claim, OCWD shall defend said action
(or cause same to be defended) at its own expense and shall
pay and discharge any and all amounts of judgment that may be
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rendered in any such action. If OCWD fails or neglects to so
defend in said action, RETAILER may defend the same and any
expenses, including reasonable attorneys' fees, which it may
pay or incur in defending said action and the amount of any
judgment which it may be required to pay shall be promptly
reimbursed upon demand. Nothing herein is intended to nor
shall it relieve RETAILER or any Project Customer or
Groundwater Customer from liability for its own acts,
omissions, or active or passive negligence.
7.2 OCWD shall cause RETAILER to be named as an
additional insured on OCWD's general liability policy of
insurance with respect to the sale and distribution to
RETAILER of Project Water within the service boundaries of
RETAILER, and OCWD shall provide RETAILER with certificates
of insurance and endorsements evidencing such insurance
coverage; provided, however, that nothing shall preclude OCWD
from maintaining self insurance with respect to the sale,
distribution and use of Project Water, in lieu of purchasing
insurance as provided for herein.
7.3 OCWD shall not commence nor permit any contractor
or subcontractor to commence work on construction of any of
the Project Facilities that are located within the service
boundaries of RETAILER until OCWD has obtained, or has caused
its contractors to obtain, comprehensive general liability
insurance providing coverage for bodily injury, personal
injury and property damage, and which shall include as
additional insureds RETAILER, its officers, agents and
25B-26
-24-
EXHIBIT 1
JDK:bc: 10/10/88
employees, but only while acting in their capacity as such
and only as respects operations of the original named
insured, its subcontractors, agents, officers and employees
in the performance of the construction contract. OCWD shall
furnish RETAILER with certificates of insurance and
endorsements showing insurance coverage as described above.
RETAILER shall incur no expense in connection with obtaining
and maintaining any insurance required under paragraphs 7.2
and 7.3.
SECTION EIGHT: DISPUTES
8.1 In the event of any dispute arising under this
Agreement, the parties hereto agree to utilize the arbitra-
tion procedure set forth in this Section Eight as the sole
and exclusive means of resolving any such dispute.
8.2 Arbitration shall be initiated by any party hereto
serving upon any other party a written demand for arbitra-
tion, which demand shall describe with specificity the nature
of the dispute. Except as specified herein, the arbitration
shall be conducted pursuant to the provisions of California
Code of Civil Procedure, Section 1280, et seq. The parties
hereto agree that there shall be a single neutral arbitrator
who shall be a civil engineer knowledgeable in water facili-
ties operation and reclaimed wastewater, who shall be select-
ed in the following manner: (A) The demand for arbitration
shall include a list of the names of five (5) persons accept-
able to the demanding party for appointment as arbitrator.
The responding party shall determine if any of the names
25B72-7
EXHIBIT 1
JDK:bc: 10/10/88
submitted are acceptable, and, if so, shall inform the other
party within ten (10) days of actual receipt of the arbitra-
tion demand, and such person will be designated as arbitra-
tor; (B) In the event that none of the names submitted by the
demanding party is acceptable to the responding party, or if
for any reason the arbitrator selected is unable to serve,
the responding party shall submit to the demanding party a
list of the names of five (5) persons acceptable to the
responding party for appointment as arbitrator. The demand-
ing party shall in turn have ten (10) days from actual
receipt of the list in which to determine if one such person
is acceptable; (C) If the parties are unable mutually to
agree upon a neutral arbitrator as described above, the mat-
ter of the selection of an arbitrator, qualified as above,
shall be submitted to the Orange County Superior Court pursu-
ant to Code of civil Procedure Section 1281.6. Upon selec-
tion of an arbitrator, the arbitration shall be conducted
consistent with the provisions of Code of Civil Procedure
Section 1280, et seq., as are deemed practicable by the arbi-
trator, considering the nature of the dispute.
8.3 The costs of arbitration, including but not limited
to reasonable attorneys' fees, shall be recoverable by the
party prevailing in the arbitration. If an arbitration con-
ducted hereunder is appealed to a court pursuant to the
procedures set forth in Code of Civil Procedure Section 1280,
et seq., the costs of arbitration shall also include court
25B-2�-
EXHIBIT 1
JDK:bc: 10/10/88
costs associated with such appeals, including but not limited
to reasonable attorneys' fees.
SECTION NINE: MISCELLANEOUS PROVISIONS
9.1 Notices: All notices, payments, transmittals of
documentation and other writings required or permitted to be
delivered or transmitted to any of the parties under this
Agreement shall be personally served or deposited in a United
States mail depository, first class postage prepaid, and
addressed as follows:
If to OCWD: Orange County Water District
10500 Ellis Avenue
P.O. Box 8300
Fountain Valley, California 92708
Attn: William R. Mills Jr.
General Manager
If to RETAILER: City of Santa Ana
Public Works Agency
101 West Fourth Street
Santa Ana, California 92701
Attn: David H. Grosse,
Executive Director
or such other address as OCWD or RETAILER shall direct in
writing. Service of any instrument or writing by mail shall
be deemed complete forty-eight (48) hours after deposit in a
United States mail depository.
9.2 Term and Amendment: The term of this Agreement
shall be for twenty-five (25) years from the date hereof.
This Agreement shall automatically be extended for up to five
(5) extensions of five (5) years each, for a possible total
extension of twenty-five (25) additional years to the initial
term hereof, if neither party hereto exercises its right to
terminate the extensions to the initial term of this
25B-29
-27-
EXHIBIT 1
JDK:bc: 10/10/88
Agreement. Either party shall have the right to terminate
any extension to the initial term of this Agreement by
written notice to the other at least four (4) years prior to
the expiration of the initial term or any extension of this
Agreement. Except as provided in paragraph 1.6 and Section
Six hereinabove, this Agreement may only be amended or
modified by mutual agreement in writing of OCWD and RETAILER.
9.3 Limitation on Sales by OCWD: OCWD acknowledges and
agrees that, except as provided herein or with the prior
written consent of RETAILER, OCWD is not now and will not in
the future become a wholesale or retail seller of Project
Water within the service boundaries of RETAILER, and OCWD
further agrees that it will not use or contract with any
entity other than RETAILER for the purpose of selling and
distributing Project Water within the service boundaries of
RETAILER.
9.4 Basin Limitations: OCWD and RETAILER mutually
understand and agree that any and all Project Water delivered
and sold by OCWD hereunder shall not constitute either
"supplemental sources" or "groundwater supplies" for the
purpose of the annual establishment of basin groundwater
production requirements and limitations by OCWD pursuant to
Section 31.5 of the OCWD Act. Project Water is hereby
established as a separate class of water for the purposes of
Section 31.5 of the OCWD Act.
9.5 Conditions Precedent: The performance of this
Agreement is conditioned upon OCWD's being able to acquire
25B-30
-28-
EXHIBIT 1
JDK:bc: 10/10/88
acceptable rights of way and access rights from its existing
facilities to the points of connection to Project Customers,
as set forth in the plat attached hereto as Exhibit "A", and
is further conditioned upon the approval by all federal,
state and local regulatory agencies having jurisdiction over
the Green Acres Project and Project Water.
9.6 Conditions subsequent: The performance of this
Agreement is conditioned upon OCWD's continued ability
feasibly to produce and distribute Project Water for sale to
RETAILER and resale by RETAILER to Project Customers in a
cost-effective manner. Subsequent to the date of this
Agreement, should OCWD determine in its sole discretion that
unanticipated increases in the cost of producing or
distributing Project Water or new or modified regulatory
requirements governing the production, distribution, quality
or use of Project Water render the Green Acres Project
economically unfeasible, OCWD may cease production and
distribution of Project Water upon ninety (90) days written
notice to RETAILER. In the event that OCWD ceases the
production and distribution of Project Water pursuant to this
paragraph 9.6, this Agreement shall terminate and OCWD shall
incur no liability to RETAILER or any Project Customer or
Groundwater Customer by reason of the termination of this
Agreement or the termination of production and delivery of
Project Water; provided, however, that if OCWD ceases the
production and distribution of Project Water pursuant to this
paragraph 9.6 within ten (10) years immediately following the
25B-31
_29_
EXHIBIT 1
JDK:bc: 10/10/88
date of this Agreement, OCWD shall pay the cost of connecting
or reconnecting the landscape irrigation or industrial water
facilities of each Project Customer or Groundwater Customer
then connected to the Project Facilities to the domestic
water distribution facilities of RETAILER.
9.7 No Duplication of Services Intended or Created:
OCWD and RETAILER mutually understand and agree that the con-
struction and operation of the Project Facilities and the
distribution and sale of Project Water by OCWD to RETAILER
for sale by RETAILER to Project Customers pursuant to this
Agreement do not constitute either a duplication of
RETAILER's retail water service or a taking of any property
of RETAILER within the meaning of Section 1501, et sem. of
the California Public Utilities Code. RETAILER shall have no
right to institute any action against OCWD pursuant to
Sections 1503, 1504 or 1505.5 of the Public Utilities Code by
reason of the construction and operation of the Project
Facilities and the distribution and sale of Project Water by
OCWD to RETAILER in conformance with this Agreement.
9.8 Warranty: OCWD represents and warrants that under
the OCWD Act OCWD, without the consent of any other public
agency water purveyor, may enter into this Agreement to
deliver and sell Project Water to RETAILER for resale by
RETAILER to Project Customers or lands within the service
boundaries of RETAILER.
9.9 Construction: This Agreement shall be construed
according to its plain meaning and as if prepared by all
25B-32
EXHFE 1
JDK:bc: 10/10/88
parties hereto. This Agreement shall be governed by and
construed in accordance with the laws of the State of
California.
9.10 Integration: The parties herein have set forth the
whole of their agreement, and the performance of this
Agreement constitutes the entire consideration intended
herein.
9.11 Successors: This Agreement and all of the
provisions herein, shall be binding upon and inure to the
benefit of OCWD and RETAILER, and their respective successors
and assigns.
WHEREFORE, the parties herein have executed this Agree-
ment as of the date set forth above.
TO FORM:
orange County Water
District
A PROVED AS TO FORM:
By
Cityt rney
City of Sa Ana
8/131/006104-0124/OO5d
ORANGE COUNTY WATER DISTRICT
By
By
CITY OF SANTA ANA
By
Mayor
Attest.
25B-33
-31-
EXHIBIT 1
I
's
N
i
EXHIBIT 7
Exhibit A
n. M;=.,,.._
m
IM-n..o`�.w
..u.0 .i....li'
EXHIBIT B
TABLE l
SANTA ANA
Average
Average "
(Assumes Peaking
Location
Demand
Demand
Factor of 6)
Number
(AFY)
(GMP)
Multitex Corp.
33
130
93
Centennial Park
71
120
74
Thornton Park
69
69
43
McFadden Int. School
70
48
30
TOTAL
387
240
30% OF TOTAL
193.3
120
25B-35
EXHIBIT 1
Exhibit B
Table 2
Future Users
25B-36
JMC:GreenUsers EXHIBIT 1
Average
Average
Santa Ana
Demand
Demand
(Assumes Peaking Factor of 6)
(AFY)
(GPM)
Riverview Golf Course
298
185
Willowick Golf Course
269
167
BJ Fibers
81
50
Bomokoral Park
67
42
Saddleback High School
60
37
Santa Ana Valley High School
66
41
Fritz School
62
38
Spurgeon Elementary
62
30
Woodside Village
52
32
Santa Ana Memorial Park
53
33
Harbor Gateway
47
29
Woodlake Cando
45
28
Greenville School
45
28
Heritage Park
41
gra
Versailles on the Lake
40
25
Jackson School
33
20
Compaslno Park
31
19
Meter Dei High School
30
19
Center park
31
19
Aspen Pearltree Apts
30
19
South Coast Shores
28
17
Carr High
28
17
Santa Barbara School
25
15
Adams Park
24
15
Rosita Park
22
14
Jerome Park
23
14
Lincoln School
22
14
Newhope School
21
13
Rosita School
21
13
25B-36
JMC:GreenUsers EXHIBIT 1
25B-37
WN09 wa
Average
Average
Santa Ana
Demand
Demand
(Assumes Peaking Factor of 6)
(AFY)
(GPM)
South Coast Springs
20
12
Village Creek
20
12
Monte Vista School
20
12
Santa Anita Park
20
12
South Coast Village
19
12
Hazard School
19
12
A1ona Park
19
12
Cherry Textron
19
12
Monroe Elementary
18
11
Santa Ana College
17
11
City Yard & Delhi Park
17
11
Mobil Chemical
16
10
Diamond Elementary
16
10
Russell School
15
9
Washington Elementary
15
9
MacArthur Int
15
9
Taft Elementary
14
9
Caltrans
a 14
9
AMF Volt
14
9
Windsor Park
13
8
Boise Cascade
10
6
A&E Systems
10
6
Adams School
5
3
Polaroid
8
5
Security Pacific
5
3
Causet Center
9
6
Total Demand
2,431
1,507
50% of Total
Demand
1215.5
754
25B-37
WN09 wa
EXHIBIT "C"
Form of Project Customer
Sales Agreement
(TO BE PROVIDED BY CITY OF SANTA ANA)
L
25B-38
EXHIBIT 1
AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT AND
CITY OF SANTA ANA REGARDING
DISTRIBUTION AND SALE OF GREEN ACRES PROJECT WATER
T141S AGREEMENT ("Agreement"), is made and entered into as of July 1, 2017, by and
between the ORANGE COUNTY WATER DISTRICT, a special governmental district
(hereinafter "OCWD") and the CITY OF SANTA ANA, a charter city and municipal corporation
organized and existing under the laws of the State of California (hereinafter "RETAILER").
RECITALS
A. OCWD was created by the OCWD Act, Ch. 924, Stats. 1933, as amended, for the
purpose of protecting and managing the Orange County groundwater basin. The OCWD Act
empowers OCWD to manage the groundwater basin, to provide for the conservation of the
quantity and quality of water in the groundwater basin, to conserve and reclaim water within or
outside of the boundaries of OCWD, to sell or otherwise put to beneficial use any water or
reclaimed wastewater in order to conserve groundwater resources, and to distribute water to
persons in exchange for ceasing or reducing the extraction of groundwater from the groundwater
basin.
B. OCWD purchases imported water from the Metropolitan Water District of
Southern California (hereinafter "MWD"), through its member public agencies, for spreading
and replenishment purposes, and obtains wastewater from the Orange County Sanitation District
(hereinafter "OCSD") for renovation -reclamation, spreading and replenishment purposes, and
groundwater injection,
C. A portion of the reclaimed wastewater currently produced by OCWD is suitable
for a number of non -potable uses, including but not limited to, landscape irrigation and industrial
uses.
D. RETAILER is a municipal corporation and charter city organized and existing
pursuant to the laws of the State of California. RETAILER is the exclusive retail water purveyor,
including water for residential, industrial, commercial, public agency, agricultural and other uses,
within RETAILER's boundaries. RETAILER currently distributes potable water in part
purchased from the MWD and in part produced from groundwater within its boundaries. The
corporate and water service boundaries of RETAILER are within the jurisdictional boundaries of
OCWD.
E. Landscape irrigation and industrial water users within the jurisdictional and
service boundaries of RETAILER currently either purchase potable or non -potable water from
RETAILER for their use, or produce water from the groundwater basin by means of their own
facilities for their use, which private groundwater production is under the jurisdiction and control
of OCWD.
EXHIBIT 2
F. In 1991, OCWD began operating a water treatment facility, transmission mains
and distribution pipeline system (including mainlines and service lines) and, in some cases, on-
site plumbing, known as the "Green Acres Project", for the purpose of reclaiming wastewater
received from OCSD (hereinafter, "Project Water") and distributing the Project Water for
appropriate landscape irrigation and industrial purposes in order to supplement and conserve the
supply of potable groundwater available to the residents and water users within the boundaries of
OCWD. OCWD entered into agreements with retail water providers within OCWD's boundaries,
including RETAILER, for the distribution and sale of Project Water within the respective
boundaries of RETAILER and the other retail water agencies contracting with OCWD for
Project Water. OCWD has operated the Green Acres Project continually since 1991; and during
that period, RETAILER has continually purchased Project Water for resale to certain customers
for landscape irrigation and/or industrial uses. OCWD and RETAILER desire to continue use of
the Green Acres Project and its associate Project Water. A plat map depicting the location of the
facilities comprising the Green Acres Project which OCWD currently operates and maintains is
set forth as Exhibit A hereto.
G. OCWD and RETAILER mutually acknowledge that the use of reclaimed water
for landscape irrigation is of mutual benefit to OCWD and RETAILER in fulfilling their joint
responsibilities for the conservation of water resources in accordance with Sections 13550 and
13551 of the California Water Code,
H. OCWD and RETAILER mutually desire to terminate their existing Project Water
agreement and enter into a new agreement to set forth the terms and conditions under which
OCWD will continue to sell Project Water to RETAILER for resale by RETAILER to
appropriate landscape irrigation and industrial water users within the service boundaries of
RETAILER, and under which RETAILER will continue to purchase Project Water from OCWD
for such resale purposes.
AGREEMENTS
NOW, TI3EREFORE, in consideration of the facts recited above and the terms,
covenants and conditions herein contained, the parties hereto agree as follows:
SECTION ONE: TERMINATION OF PREVIOUS AGREEMENT
1.1 OCWD and RETAILER mutually agree that the written agreement entered into
between OCWD and RETAILER, entitled "AGREEMENT BETWEEN ORANGE COUNTY
WATER DISTRICT AND CITY OF SANTA ANA REGARDING DISTRIBUTION AND
SALE OF GREEN ACRES PROJECT WATER" and dated September 21, 1988, relating to the
construction of the Project Facilities and the sale of Project Water by OCWD to RETAILER for
resale to RETAILER's Project Customers, is hereby temrinated as of the effective date of this
Agreement and superseded by this Agreement.
SECTION TWO: FACILITIES FOR DELIVERY AND DISTRIBUTION OF PROJECT
WATER
2.1 The parties acknowledge that OCWD has constructed, operates, owns, and
maintains, the Green Acres Project, and all facilities to produce, transport and distribute Project
Water for the herein specified purposes (hereinafter, the "Project Facilities"). A plat map
depicting that portion of the Project Facilities which OCWD constructed, operates and maintains
within the boundaries of RETAILER is attached hereto as Exhibit B.
2.2 The constructed Project Facilities include a distribution pipeline system from the
site of the Green Acres Project Water Treatment Facility, located at 18700 Ward Street, Fountain
Valley, California, to the point of connection to each of the proposed Project Water customers
within the boundaries of RETAILER (hereinafter, "Project Customers"), for the purpose of
distributing Project Water to RETAILER at the points of connection of the Project Customers for
purchase by RETAILER and resale to the Project Customers. The names and anticipated annual
Project Water demands of each existing and currently allowed new Project Customer are set
forth in Exhibit C.
2.3 The parties acknowledge that the Project Facilities are owned by OCWD, and
OCWD shall perform maintenance, emergency response, repair and replacement of the Project
Facilities located within the boundaries of RETAILER. RETAILER may perform, on behalf of
OCWD, maintenance, emergency response, repair and replacement of the Project Facilities
located within the boundaries of RETAILER, pursuant to paragraph 5.1 herein below and
arranged in writing prior to any such activity, In this regard:
2.3.1 The parties agree to restore, or cause Project Customer to restore, roads,
streets, alleys, avenues, highways, drainage facilities, or any other public
way or property used for construction, operations, or maintenance of the
Project Facilities within RETAILER's boundaries to at least the same
condition existing prior to construction, operation or maintenance of the
Project Facilities, to the reasonable satisfaction of RETAILER and
OCWD.
23.2 The parties agree to provide, or cause Project Customer to provide,
adequate safeguards to afford security to life and property during
construction, operation, and maintenance of the Project Facilities, with due
regard being given to other existing uses of public roads, streets, alleys,
avenues, highways, drainage facilities; public ways and property within
the boundaries of RETAILER.
2.3.3 The parties agree to use, or cause Project Customer to use, its best efforts
to minimize noise, dust, pollution and problems relating to police and fine
protection within the boundaries of RETAILER throughout construction,
operation and maintenance of the Project Facilities within RETAILER's
boundaries.
2.3.4 The parties understand and agree that OCWD's rights to construct,
maintain, operate, inspect, repair and replace the Project Facilities within
the lands and rights-of-way of RETAILER do not constitute vested
property rights and are expressly subject to and governed solely by this
Agreement.
2.4 The parties acknowledge that RETAILER has, at no cost to OCWD, provided
metering devices meeting RFTAiLER's specifications, and that these metering devices are
owned, operated and maintained by RETAILER for the purpose of measuring the quantity of
Project Water purchased by RETAILER and resold by RETAILER to each Project Customer. In
the event that OCWD and RETAILER determine to expand the Green Acres Project to serve one
or more new Project Customers, RETAILER shall provide a metering device for each new
Project Customer, and shall own, operate and maintain it at no cost to OCWD. RETAILER shall
be responsible for ensuring the accuracy of all metering devices used to measure the quantity of
Project Water delivered to each existing or new Project Customer. Any costs incurred in
modifying the size of existing RETAILER meters shall be the responsibility of RETAILER;
provided, however, that RETAILER has the discretion to delegate that duty to a Project
Customer, so long as RETAILER remains ultimately responsible to OCWD for the accuracy of
the metering device. The quantity of Project Water measured by the meters to be owned,
operated and maintained by RETAILER shall be the sole basis for determining the quantity of
Project Water delivered to Project Customer under Section Three of this Agreement. In the event
that a meter measuring the quantity of Project Water delivered by RETAILER for resale to a
Project Customer indicates a lesser quantity than OCWD's meter measuring the quantity of
Project Water delivered to RETAILER for resale to a Project Customer, OCWD shall be
responsible for the cost of such difference, and RETAILER shall not be liable therefor. In the
event RETAILER has a separate metering device serving exclusively non -potable uses on the
premises of a Project Customer, OCWD may sell Project Water to RETAILER by connecting the
Project Facilities distribution pipeline system directly to the separate non -potable meter so long
as the standards and requirements of RETAILER and any other governmental agency having
jurisdiction over the quality of Project Water are satisfied.
2.5 RETAILER shall implement and maintain measures to avoid the risk that Project
Water may enter into RETAILER's potable water distribution system at no cost to OCWD. The
parties acknowledge that the non -potable Project Water system has been marked with separate
marking in accordance with standards and regulations in existence when the Project Water
system was constructed, and that any extensions of the Project Water system shall be separately
marked as required by law.
2.6 The Project Water distribution pipeline system has been constructed by OCWD
with sufficient capacity to allow RETAILER to serve the landscape irrigation and industrial
water users participating as Project Customers as shown in Exhibit C. OCWD shall sell to
RETAILER, and RETAILER shall purchase from OCWD, sufficient quantities of Project Water
for RETAILER to sell to those Project Customers. OCWD and RETAILER mutually understand
and agree that additional non -potable water users within the boundaries of RETAILER may at
some future time be served with Project Water and become Project Customers without the
necessity of amending this Agreement, provided that a water user within the service boundaries
of RETAILER shall become a new Project Customer only with the approval of both OCWD and
RETAILER; and provided further, that OCWD shall have the sole discretion to determine
whether to expand the Project Facilities or the production and distribution capacity of the Project
Facilities to meet any future demand for Project Water that may be generated within the
boundaries of RETAILER. All future water users within the service boundaries of RETAILER
who become Project Customers shall be subject to the Project Rules as defined in paragraph 6.2
and adopted by RETAILER pursuant to paragraph 63 herein below.
2.7 The addition of infrastructure to serve future Project Customers shall be approved
by OCWD, RETAILER, and pertinent regulatory agencies. Additional infrastructure may
include service laterals, mainline pipelines, pump stations, vaults, meters, and other components.
Unless authorized in writing by OCWD, the permitting, design, construction, inspection,
specialty inspection and materials testing, start-up, on-going regulatory compliance, and those
costs described in Paragraph 2.3 shall be performed at no expense to OCWD. The OCWD staff
time for review of the design, construction inspection of the additional infrastructure, and
assistance in regulatory permitting shall be included in the annual Project Water costs set forth in
paragraph 3.2 as components of the Project Water rate charged by OCWD to RETAILER, unless
otherwise stipulated in writing by OCWD. OCWD shall cause the Project Facilities within the
boundaries of RETAILER to be constructed in accordance with the construction standards of
RETAILER. Addition of infrastructure located within public right-of-way and upstream of the
RETAILER meters described in paragraph 2.4 shall become the properly of OCWD after written
construction acceptance by OCWD, RETAILER, and any other pertinent agency. Additional
infrastructure within private property shall not be owned by OCWD, unless authorized in writing
by OCWD and pursuant to an easement granted from the land owner to RETAILER and/or
OCWD. Unless authorized in writing by OCWD, new RETAILER meters shall be located in the
public right-of-way. The regulatory permitting and/or approvals of any future Project Customer
site shall be obtained prior to delivery of Project Water to that site. RETAILER shall lead the
effort to obtain these permits and/or approvals and OCWD shall assist and coordinate with the
RETAILER.
2.8 Major expansions to the Project Water distribution system may be performed
under a different ownership -maintenance model than described in Section 2 if mutually approved
and defined in writing by OCWD and RETAILER.
SECTION THREE: PURCHASE AND SALE OF PROJECT WATER
3.1 RETAILER shall have the exclusive right to purchase Project Water from
OCWD, at the point of connection to each Project Customer, and to resell Project Water to the
Project Customers shown in Exhibit C, and such other landscape irrigation and industrial water
259m43
users within the boundaries of RETAILER that may be added as Project Customers in
accordance with paragraphs 2.6, 23 and 2.8 above.
3.2 RETAILER shall purchase the Project Water from OCWD, at the point of its
metered connections, for an amount equal to OCWD's cost of producing and distributing Project
Water based on the methodology set forth in Exhibit D, as determined by OCWD after
consultation with the Operating Group defined in paragraph 3.3. Capital improvements such as
changes in treatment plant technology and distribution system operation shall be included in
OCVM's costs. OCWD shall annually calculate the Project Water rate, and provide written
notice to RETAILER of the then -effective Project Water rate. Upon request, OCWD shall
provide RETAILER with supporting data used to calculate the Project Water rate. OCWD shall
have discretion to smooth out anticipated increases in debt and capital improvement payments
over several years preceding and following actual OCWD cost incurrence years, in order to
avoid significant and sudden increases to the Project Water rate. When a smoothing method is
applied by OCWD, it will be discussed with the Operating Group, as defined in paragraph 3.3,
and disclosed on the annual revision of Exhibit D. The point of connection and sale of the
Project Water from OCWD to RETAILER shall be at the meter which measures the flow of
Project Water to each Project Customer, as described in paragraph 2.4 herein, above. The parties
mutually recognize and agree that the Project Water rate may change each year and become
effective on July 1 of each year during the term of this Agreement.
3.3 Staff representatives of OCWD, RETAILER, and other retail agencies
participating in the Green Acres Project shall form an "Operating Group" to meet at least once
prior to the annual publishing of the revised Exhibit D by OCWD, The Operating Group shall
meet and confer with regard to the proposed Exhibit D contents, future Exhibit D estirnates,
planned Green Acres Project capital and repair projects, and review previous Green Acres
Project projects, Project Water performance, and revisions to Exhibit E.
3.4 The governing body of RETAILER shall establish the rate for the resale of
Project Water to each Project Customer in accordance with applicable legal requirements which
may include cost of service.
3.5 RETAILER shall read the Project Water meter for each Project Customer on a
one (1) month cycle or in concurrence with RETAILER's schedule for reading meters which
measure the quantity of potable water delivered by RETAILER. Within fifteen (I5) days
thereafter, RETAILER shall transmit to OCWD a statement setting forth the Project Water rate
established by RETAILER pursuant to paragraph 3.4 during that billing period, a description of
the maintenance, repair and replacement activities of RETAILER on Project Facilities, the
amount of such actual costs incurred by RETAILER pursuant to paragraph 5.1 herein below
during that billing period, and indicating, for each Project Customer, the current meter reading,
the previous meter reading, and the total quantity of Project Water purchased from OCWD and
resold by RETAILER to such Project Customer during the billing period. Together with this
statement; RETAILER shall transmit to OCWD payment in accordance with paragraph 3.2 for
the Project Water purchased from OCWD by RETAILER and resold by RETAILER to all of the
Project Customers during the billing period, after deducting therefrom the actual costs incurred
by RETAILER in maintaining, repairing and replacing the Project Water distribution system
within RETAILER's boundaries as set forth in paragraph 5.1 herein below.
SECTION POUR: PROJECT WATER QUALITY REGULATIONS
4.1 OCWD shall deliver and sell to RETAILER pursuant to this Agreement Project
Water that conforms to all current and future requirements established by the California Regional
Water Quality Control Board — Santa Ana Region, California State Water Resources Control
Board Division of Drinking Water, County of Orange Health Care Agency, and all other federal,
state and local agencies having jurisdiction to fix minimum standards. The anticipated quality of
Project Water is shown on Exhibit E attached hereto and incorporated herein, and this Exhibit E
shall subsequently be revised to conform to any future regulatory requirements; provided
however, that OCWD shall not have obligation to modify the quality of Project Water to meet
the needs of any particular Project Customer, OCWD shall revise Exhibit E if and when OCWD
modifies the tertiary treatment technology, disinfection process, and/or introduces OCSD Plant
92 effluent to the GAP treatment process, and provide written notice of such revised Exhibit E to
RETAILER. The parties acknowledge that Exhibit E can be revised by OCWD without
amending this Agreement after such revision's discussion at the Operating Group. OCWD shall
strive to meet or exceed the minimum criteria stated in Exhibit E.
4,2 During the term of this Agreement, OCWD shall pay all costs imposed by any
and all governmental agencies having jurisdiction over the quality or use of Project Water for the
issuance of any permits, licenses or approvals required for the production treatment, distribution
or sale of Project Water. If incurred by OCWD, the costs described in this paragraph shall be
included in the annual Project costs set forth in paragraph 3.2 as components of the Project
Water rate charged by OCWD to RETAILER,
4.3 OCWD shall inform RETAILER promptly after becoming aware of any proposed
or actual modifications by any agency having jurisdiction over the quality of Project Water to
any requirements governing the minimum standards of quality for or use of Project Water, or of
any changes in the legally permissible uses which might affect the use of the Project Water sold
by OCWD to RETAILER for resale by RETAILER to Project Customers, and OCWD shall bear
all costs of conforming to any such future requirements. If incurred by OCWD, the costs
described in this paragraph shall be included in the annual Project costs set forth in paragraph 3.2
as components of the Project Water rate charged by OCWD to RETAILER.
4.4 RETAILER shall perform Project Customer inspection and testing in accordance
with the Project Rules defined in paragraph 6.2, prepared by OCWD and transmitted to
RETAILER who may make additions, as amended from time to time by OCWD, and provide a
written record of such activities to OCWD within sixty (60) days of their performance. Expenses
for these activities shall not be reimbursed by OCWD.
SECTION FIVE: OPERATING OBLIGATIONS OF THE PARTIES
5.1 During the term of this Agreement, OCWD shall manage, operate and maintain
the Project Facilities in an efficient manner and in accordance with the highest standards of skill
and workmanship; provided, however, that OCWD may contract with RETAILER for the
performance by RETAILER of the actual maintenance, repair and replacement responsibilities
with respect to those Project Facilities located within the service boundaries of RETAILER.
RETAILER recognizes the special quality considerations relating to Project Water, and
RETAILER shall perform its maintenance, repair and replacement responsibilities in an efficient
manner and in accordance with the highest standards of skill and workmanship. OCWD retains
the right to make repairs to Project Facilities within the service boundaries of RETAILER.
RETAILER shall receive as a credit against all monies due OCWD, pursuant to paragraph 3.2
herein above for the sale of Project Water, the cost of such maintenance, repair and replacement
activities actually undertaken by or on behalf of RETAILER, which costs shall include the actual
labor, material and equipment costs, plus overhead costs incurred by RETAILER and necessary
for such maintenance, repair and replacement activities.
5.2 Notwithstanding the provisions of paragraph 5.1, the operating responsibility of
OCWD with respect to the Project Facilities shall include the maintenance of quality, quantity
and pressure of the Project Water, and compliance with all regulatory requirements and
conditions applicable to the distribution and sale of Project Water, to the point of connection to
each Project Customer,
5.3 RETAILER shall, at no cost to OCWD, assume ownership, service, maintenance
and reading of the Project.Water meter and valve set and meter box/vault for each Project
Customer in the same manner that RETAILER would for a customer service meter attached to its
potable water system. RETAILER further shall, at no cost to OCWD, be responsible for
customer service functions relating to all Project Customers, including but not limited to billing
and collection of payments from Project Customers for the Project Water, record keeping, and
notification to OCWD of the quantity of Project Water delivered through each Project
Customer's meter during each meter reading period.
5.4 OCWD shall have the right to review the books, records and accounts maintained
by RETAILER relating to the Project water and Project Customers during normal business
hours, upon forty-eight (48) hours prior written notice to RETAILER.
5.5 OCWD shall operate the Project Facilities in such a manner that Project Water
shall be delivered to the point of connection to each Project Customer on a continuous basis at a
pressure of not less than fifty (50) pounds per square inch. RETAILER shall assist OCWD in
achieving this pressure criterion by staggering Project Customer demand timeframes as needed.
OCWD shall strive to have a pressure greater than one hundred (100) pounds per square inch
entering the Project Facilities from the Water Treatment Facility. If OCWD's analysis of fixture
Project Customer sites indicates this pressure criteria cannot be met by the existing Project
r
Facilities, OCWD shall declare by written notice to RETAILER that this standard of service will
not apply to these future Project Customers.
5.6 Except as provided in paragraph 9.6 below, in the event that, at any time during
the term of this Agreement, OCWD for any reason cannot or chooses not to produce Project
Water from its Green Acres Project Water Treatment Facility described in paragraphs 2.1 and 2.2
above, OCWD shall provide through the Project Facilities, or otherwise, at a cost equal to the
cost of Project Water, sufficient water of a quality at least equal to the quality of Project Water to
meet the landscape irrigation and industrial water needs of all of the Project Customers. OCWD,
however, shall have no such obligation in the event that Project Water cannot be delivered to
Project Customers due to damage to; breaks, or other disruptions in the distribution facilities
transporting Project Water to Project Customers, including maintenance and additions to Project
Facilities. OCWD shall strive to restore Project Water delivery within 72 hours of disruptions.
With respect to non -emergency maintenance, repair, and construction work, OCWD shall
coordinate such interruptions with RETAILER at least thirty (30) days in advance.
5.7 If the State of California proclaims a drought "State of Emergency" and restricts
the use of potable water supplies, RETAILER will attempt to reduce the use of recycled water
consistent with the RETAILER's conservation standards mandated by the State, Notwithstanding
the RETAILER's existing regulations, RETAILER's governing body shall consider enacting
permanent mandatory water conservation requirements for recycled water use and any additional
restrictions during periods of water supply shortages.
SECTION SIX: PROJECT WATER RULES AND REGULATIONS
6,1 All Project Water produced by OCWD for delivery and sale to RETAILER shall
be in accordance with the terms and conditions of the discharge requirements and primary user
permit for the Project Water issued to OCWD by the California Regional Water Quality Control
Board Santa Ana Region. OCWD has obtained and shall maintain a blanket primary user
pennit for the production, distribution and sale of Project Water, and shall at all times maintain
and comply with all present and future provisions thereof and all renewals or subsequent such
permits.
6.2 The parties acknowledge that OCWD has promulgated, and the parties agree that
OCWD and RETAILER shall enforce rules and regulations regarding the distribution, delivery
and sale of Project Water to RETAILER, and governing the use of Project Water resold by
RETAILER to Project Customers ("Project Rules"). OCWD shall maintain approvals from all
federal, state, and local agencies having jurisdiction over the production, quality and use of
Project Water, including, but not limited to, the California Regional Water Quality Control
Board — Santa Ana Region, California State Water Resources Control Board Division of
Drinking Water, and County of Orange Health Care Agency, that such Project Rules comply
with the regulations, requirements and orders of such regulatory agencies.
6.3 The parties acknowledge that OCWD has heretofore prepared and transmitted to
RETAILER the Project Rules, and that RETAILER has itself adopted the Project Rules and
incorporated them into RETAILER's promulgated rules and regulations governing the
distribution, delivery and sale of water within the service boundaries of RETAILER. Promptly
upon adoption of RETAILER's revised promulgated rules and regulations, RETAILER shall
transmit to OCWD RETAILER's adopted Project Rules. Should OCWD choose either to make
reasonable amendments or modifications to the Project Rules not contrary to this Agreement, or
be required by any governmental agency exercising jurisdiction over the distribution, sale or use
of the Project Water to modify or amend the Project Rules, OCWD shall promptly furnish such
modifications or amendments to RETAILER; and RETAILER, after being provided a ninety
(90) day period in which to review, comment upon, and/or meet and confer with OCWD
regarding such proposed modifications or amendments, shall incorporate such proposed
modifications or amendments into RETAILER's adopted rules and regulations. Project Rules
may be revised by OCWD without amendment to this Agreement. The parties acknowledge that
OCWD and RETAILER have participated in a group of Orange County agencies to standardize
procedures, inspection, testing, and submission requirements for applications seeking approval
from regulatory authorities for new Project Customer sites and the ongoing inspection and
testing of existing sites. The parties further acknowledge that upon the finalization of the Orange
County standardized practices, the Project Rules will be amended to incorporate the standardized
practices, which finalization is expected in 2017. RETAILER shall ensure that each Project
Customer has a copy of the Project Rules and that the Project Customer adheres to the Project
Rules.
6A RETAILER shall include in its promulgated rules and regulations provisions
requiring that any current or future Project Customer permit representatives of OCWD and
RETAILER to enter the premises of the Project Customer at all reasonable times for the purpose
of monitoring, inspecting, analyzing and observing the Project Customer's on-site Project Water
facilities and the utilization by the Project Customer of Project Water.
6.5 In connection with RETAILER's adaption of modifications or amendments to the
Project Rules as part of its amended rules and regulations, and at the request of RE"T"AILER,
OCWD shall cooperate with and assist RETAILER in obtaining from the State of California
Water Resources Control Board any necessary certifications, findings or orders authorized under
Sections 13550 and 13551 of the California Code to require the use of Project Water for non -
potable uses within the service boundaries of RETAILER.
6.6 The parties understand and agree that Project Water delivered and sold by OCWD
to RETAILER pursuant to the terms of this Agreement has limited uses, and OCWD shall
deliver and sell to RETAILER Project Water only for those uses and purposes which are legally
permissible under the laws of the State of California and the rules, regulations and directions of
the appropriate federal, state and local regulatory agencies exercising jurisdiction over the
quality and use of Project Water. In this regard, OCWD and RETAILER shall cooperatively
enforce Project Rules limiting the use of Project Water to legally permissible landscape irrigation
r
and industrial applications, and shall monitor the use of Project Water by Project Customers to
safeguard against any misuse or improper application of Project Water by Project Customers.
SECTION SEVEN: INDEMNITY AND INSURANCE
7.1 OCWD shall hold RETAILER harmless from and against and shall indemnify
RETAILER from any liability, loss, costs, expenses or damages however by reason of any injury
(whether to body, property, or personal or business character or reputation) sustained by or to
any person or property by reason of any act, neglect, default, or omission of OCWD or any of its
agents, employees, or representatives, or caused by reason of the design, construction, operation
or maintenance of the Project Facilities, or the distribution and sale to RETAILER for resale
purposes herein of Project Water that does not meet the quality standards set forth in Title 22 of
the California Administrative Code; provided, however, that OCWD shall not be responsible for
the negligent operation, maintenance or repair of the Project Facilities within RETAILER'S
service boundaries by RETAILER, the negligent operation, maintenance or repair by
RETAILER, any Project Customer of Project Water distribution and storage facilities located on
the lands of any Project Customer, and/or the misuse or misapplication of the Project Water on
the Project Customer's side of the Project Water meter by any person, including RETAILER or
any Project Customer. If RETAILER is sued in any court for damages by reason of any of the
acts for which OCWD is required to indemnify RETAILER in this paragraph 7.1, including but
not by way of limitation, damages arising out of a products liability claim, OCWD shall defend
said action (or cause same to be defended) at its own expense and shall pay and discharge any
and all amounts of judgement that may be rendered in any such action. If OCWD fails or
neglects to so defend in said action, RETAILER may defend the same and any expenses,
including reasonable attorney's fees, which it may pay or incur in defending said action and the
amount of any judgement which it may be required to pay shall be promptly reimbursed upon
demand. Nothing herein is intended to nor shall it relieve RETAILER or any Project Customer
from liability for its own willful acts or active negligence.
7.2 OCWD shall cause RETAILER to be named as an additional insured on OCWD's
general liability policy of insurance with respect to the sale and distribution to RETAILER of
Project Water within the service boundaries of RETAILER, and OCWD shall provide
RETAILER with certificates of insurance and endorsements evidencing such insurance
coverage.
73 OCWD shall not commence nor permit any contractor or subcontractor to
commence work or construction of any of the Project Facilities that are located within the service
boundaries of RETAILER until OCWD has obtained, or has caused its contractors to obtain,
comprehensive general liability insurance providing coverage for bodily injury, personal injury
and property damage, and which shall include as additional insureds RETAILER, its City
Council, Board Members, boards and commissions, officers, agents, vendors, and employees, but
only while acting in their capacity as such and only as respects operations of the original named
I 1, 0
insured, its subcontractors, agents, officers and employees in the performance of the construction
contract. OC'WD shall furnish RETAILER with certificates of insurance and endorsements
showing insurance coverage as described above. RETAILER shall incur no expense in
connection with obtaining and maintaining any insurance required under paragraph 7.2 and 7.3.
SECTION EIGHT: DISPUTES
8.1 In the event of any dispute arising under this Agreement, the parties hereto agree
to utilize the arbitration procedure set forth in this Section Eight as the sole and exclusive means
of resolving any such dispute.
8.2 Arbitration shall be initiated by any party hereto serving upon any other party a
written demand for arbitration, which demand shall describe with specificity the nature of the
dispute. Except as specified herein, the arbitration shall be conducted pursuant to the provisions
of California Code of Civil Procedure, Section 1280, et seq. The parties hereto agree that there
shall be a single neutral arbitrator who shall be a civil engineer knowledgeable in water facilities
operation and reclaimed wastewater, who shall be selected in the following manner:
8.2.1 The demand for arbitration shall include a list of the names of five (5) persons
acceptable to the demanding party for appointment as arbitrator. The responding
party shall determine if any of the navies submitted are acceptable, and, if so, shall
inform the other party within ten (10) days of actual receipt of the arbitration
demand, and such person will be designated as arbitrator;
8,2,2 In the event that none of the names submitted by the demanding party is acceptable
to the responding party, or if for any reason the arbitrator selected is unable to serve,
the responding party shall submit to the demanding party a list of the frames of five
(5) persons acceptable to the responding party for the appointment as arbitrator. The
demanding party shall in tum have ten (10) days from actual receipt of the list in
which to determine if one such person is acceptable;
8.2.3 If the parties are unable mutually to agree upon a neutral arbitrator as described
above; the matter of the selection of an arbitrator, qualified as above, shall be
submitted to the Orange County Superior Court pursuant to Code of Civil Procedure
Section 1281.6. Upon selection of an arbitrator, the arbitration shall be conducted
consistent with the provisions of Code of Civil Procedure Section 1280, et seq., as
are deemed practicable by the arbitrator, considering the nature of the dispute.
8.3 The costs of arbitration, including but not limited to reasonable attorneys' fees,
shall not be recoverable by the party prevailing in the arbitration, including the court costs and
reasonable attorneys' fees incurred if an arbitration conducted hereunder • is appealed to a court
pursuant to the procedures set forth in Code of Civil Procedure Section 1280, et seq. This
provision shall not relieve any party of the duty to indemnify, defend, and hold harmless the
other party under this Agreement.
SECTION NINE: MISCELLANEOUS PROVISIONS
9.1 Notices: All notices, payments, transmittals of documentation and other writings
required or permitted to be delivered or transmitted to any of the parties under this Agreement
shall be personally served or deposited in a United States mail depository, first class postage
prepaid, and addressed as follows:
If to OCWD: Orange County Water District
18700 Ward Street
P.O. Box 8300
Fountain Valley, California 92728
Attn: General Manager
If to RETAILER: City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92701
Attn: Clerk of the Council
With a courtesy copy to:
Director of Public Works
(same address as above)
or such other address or person as OCWD or RETAILER shall direct in writing. Service of any
instrument or writing by mail shall be deemed complete forty-eight (48) hours after deposit in a
United States mail depository.
9,2 Term and Amendment: The term of this Agreement shall be for thirty (30) years
from the date hereof, Either party shall have the right to terminate this Agreement by written
notice to the other at least three (3) years prior to the termination date. The parties must mutually
agree in writing to extend the term of this Agreement. This Agreement may only be amended or
modified by mutual agreement in writing of OCWD and RETAILER.
9.3 Limitation on Sales by QCWD: OCWD acknowledges and agrees that, except as
provided herein or with the prior written consent of RETAILER, OCWD is not now and will not
in the future become a wholesale or retail seller of Project Water within the service boundaries of
RETAILER without RETAILER's written consent, and OCWD further agrees that it will not use
or contract with any entity other than RETAILER for the purpose of selling and distributing
Project Water within the service, boundaries of RETAILER.
9.4 Basin Limitations: OCWD and RETAILER mutually understand and agree that
any and all Project Water delivered and sold by OCWD hereunder shall not constitute either
"supplemental sources" or "groundwater supplies" for the purpose of the annual establishment of
r
basin groundwater production requirements and limitations by OCWD pursuant to Section 31.5
of the OCWD Act, Project Water is hereby established as a separate class of water for the
purposes of Section 31.5 of the OCWD Act.
9.6 Conditioug Subsequent: The performance of this Agreement is conditioned upon
OCWD's continued ability feasibly to produce and distribute Project Water for sale to
RETAILER and resale by RETAILER to Project Customers in a cost-effective manner.
Subsequent to the date of this Agreement, should OCWD determine in its sole discretion that
unanticipated increases in the cost of producing or distributing Project Water or new or modified
regulatory requirements governing the production, distribution, Quality or use of Project Water
render the Green Acres Project economically unfeasible, OCWD may cease production and
distribution of Project Water upon ninety (90) days written notice to RETAILER. In the event
that OCWD ceases the production and distribution of Project Water pursuant to this paragraph
9.6, this Agreement shall terminate and OCWD shall incur no liability to RETAILER or any
Project Customer by reason of the termination of this Agreement or the termination of
production and delivery of Project Water.
9.7 No Duplication of Services Intended or Created: OCWD and RETAILER
mutually understand and agree that the construction and operation of the Project Facilities and
the distribution and sale of Project Water by OCWD to RETAILER for sale by RETAILER to
Project Customers pursuant to this Agreement do not constitute either a duplication of
RETAILER's retail water service or a taking of any property of RETAILER within the meaning
of Section 1501, or seq., of the California Public Utilities Code. RETAILER shall have no right
to institute any action against OCWD pursuant to Sections 1503, 1504 or 1505.5 of the Public
Utilities Code by reason of the construction and operation of the Project Facilities and the
distribution and sale of Project Water by OCWD to RETAILER in conformance with this
Agreement.
9.8 Warrg=: OCWD represents and warrants that under the OCWD Act, OCWD,
without the consent of any other public agency water purveyor, may enter into this Agreement to
deliver and sell Project Water to RETAILER for resale by RETAILER to Project Customers or
lands within the service boundaries of RETAILER.
9.9 Construction: This Agreement shall be construed according to its plain meaning
and as if prepared by all parties hereto. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
9.10 Integration: The parties herein have set forth the whole of their agreement, and the
performance of this Agreement constitutes the entire consideration intended herein.
9.11 Successors: This Agreement and all of the provisions herein shall be binding upon
and inure to the benefit of OCWD and RETAILER, and their respective successors and assigns.
WHEREFORE, the parties herein have executed this Agreement as of the date set forth
above.
APPROVED AS TO FORM: Orange County Water District
Counsel for '
County Water District
APPROVED AS TO FORM:
SOMA R. CARVALHO, CITY ATTORNEY
A z7
By
ohn M. Funk,
Assistant City Attorney
ATTEST
Maria D. Huizar
City Clerk
P
By
By
CITY OF SANTA ANA
By
Acting City Manager
RECOMMENDED FOR APPROVAL
Im
Fred Mousavipour
Director of Public Works
Cxhib
16 of 20
25B-54
17 of 20
25B-55
Exhibit Q RETAILER's Current Project Customers and Anticipated Annual Demand
Project Customer
Meter Number
Estimated Annual Usage
sore -feet er Y.ear
_
Centennial Soccer Fields 7267
354
18.0
Centennial Soccer Fields 7266
66
0.3
Centennial Soccer Fields 7273 (A)
77341647
22.5
Centennial Soceer Fields 7273 B}
74947636
35.6
Homo Kora Park
144
18.6
Bike Trail 3611 S. Flower St.
3173
2.7
McFadden School
142
34,0
Adams Park
75572383
9.5
Chroma System Ar et. ein
35
8.9
Chroma System -Landscape
1909
2.4
South Coast Villape
_
6344
_ 10.6
Medical Office
2564
7.8
_Kaiser
3601 MacArthur / Chick-fil-A
2864
1.6
SAIL S,A. LEdinger Ave)
270
18.7
SAUD High School #6
664
27.3
Griset/MacArthur(E of Crreenville_St: 2"
77341639
W 3.6
Griset/MacArthur(l of Greenville St.) 3"
690
13.5
Bear St./Garry: 3101 S. Bear St
2239
3.4
Bear St./Garry: 3011 S. Bear St. _
Thornton Park (E end Bear/Ser erstrom
2376
42
1.3
46.8
Harbor Median N. of MacArthur
10161
0.7
SAR Trail Fairview & 12th sub -meter
78732358
0.5
SAR Trail North of 17th sub -meter
6836
0.9
SAUSD Sports Complex
326
—64
Godinez High School Centennial Park
Sab-Meter
Versailles on the Lake Apartments
Future �10
Exhibit D: OCWD Unit Price Calculation for Project Water Sold to RETAILER
Revisions to Exhibit D by OCWD do not require an amendment to this Agreement,
Fiscal Year 2015.2016 calculation listed below, This unit price shall be effective for Fiscal Year 2017-2018.
Previous fiscal year operational
Previous fiscal year Repair
Debt service payments,
and maintenance cost to operate,
and Rehabilitation Fund
This figure may vary as
treat, and distribute Product
contribution for Pr
Project
terms for loans, certificates
Water (Electricity, Chemicals,
Facilities. This figure may be
of participation, and other
Labor, Maintenance, Testing, +
+
periodically reviewed and
Project Facilities financing
$738
Utility Location Services,
Replenishment Assessment Value
adjusted by OCWD Board as
change. Smoothing may
occur to avoid sudden
per acre
of Deep Well Blending Water)
necessary
increases to thisfigure
foot
$1,173,230.46
$936,678.00
$980,296.67
Previous
fiscal year Project Water in acre-feet
4,186.09
Estimated fume fiscal year rates provided for planning purposes only. Rates are subject to substantive change prior to
implementation.
FY 2018-19: $778 per acre foot
FY 2019-20: $769 per acre foot
FY 2020-21: $741 per acre foot
FY 2021-22: $761 per acre foot
FY 2022-23: $782 per acre foot
19 of 20
25B-57
Exhibit E: Typical Project Water Quality
Revisions to Exhibit E by OCWD do not require an amendment to this Agreement.
Component
Concentration Range
m /L
Total Dissolved Solids
700-1,050
Flardness
170-350
Calcium
45 - 100
'Magnesium
15-35
W
Potassium
10-25
Sodium
154 - 250
Bicarbonate
170-250
Chloride
170-320
Sulfate
_ 160-225
Boron
0-3-0.6
Fluoride
0.7-1.4
Silica
15-24
Total Nitrogen
2,4-20
Phosphate Phosphorous
0.06-4
Chemical Oxygen Demand
10-35
Sodium Adsorption Ratio
3 - 7
Exhibit E shall be revised if and when OCWD modifies the tertiary treatment technology,
disinfection process, and/or introduces OCSD Plant #2 effluent to the GAP treatment process.
r
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
APPROVE AN AGREEMENT WITH
WILLDAN HOMELAND SOLUTIONS FOR
GRANT PROJECT AND FISCAL
COORDINATOR SERVICES
(NON GENERAL FUND) {STRATEGIC
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute a one-year professional
services agreement with Willdan Homeland Services, an operating division of Willdan Group, Inc.
for on-site project and fiscal grant management services, for the period beginning September 1,
2017 and ending August 31, 2018, with a one-year renewal option, in an annual amount not to
exceed $140,000, subject to non -substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
The United States Department of Homeland Security (DHS) developed the Urban Areas Security
Initiative (UASI) federal grant program. UASI provides funds to local emergency first responders
to enhance security and overall preparedness to prevent, protect, mitigate respond to, and
recover from acts of terrorism. The grant specifically provides funding for management and
administration, anti -terror planning, organizing, equipment, training, exercises, and technical
assistance. Under the UASI funding program the City of Santa Ana and City of Anaheim have
been designated as Urban Area Core Cities and serve as the grant recipients responsible for the
management and administration of the UASI grant funds. The Santa Ana and Anaheim Police
Departments alternate fiscal responsibility for the grant. Anaheim manages the grant during the
even years (i.e., 2010, 2012, 2014 etc.), while Santa Ana manages the grant during the odd
years (i.e., 2009, 2011, 2013, etc.).
The on-site grant management services provided by Willdan Homeland Services include, but are
not limited to: oversight of all assigned project activities; assisting with the development of grant
applications, ensuring grant finances are processed appropriately and in compliance with
established federal, state, and local statutes; and maintaining UASI sub -recipient guidelines and
25C-1
Agreement with Willdan Homeland Solutions
August 1, 2017
Page 2
policies to include new laws, rules and requirements issued by DHS and the California
Governor's Office of Emergency Services (Cal OES).
The one-year professional services agreement, with an option to be extended one additional
year, is exempt from bidding requirements under SAMC sec. 2-807(e), and will remain in effect
from September 1, 2017 through August 31, 2018. The agreement includes 2,000 hours of work
at $65.64 per hour ($131,280), $7,000 for training and travel, and a $1,720 contingency, for a
total agreement amount of $140,000. The professional services rate proposed by Willdan
Homeland Services was determined to be within the range expected for such services.
Willdan Homeland Services has been providing these professional services since 2012 and has
developed special skills and organizational knowledge to effectively manage the homeland
security grants awarded to the City of Santa Ana. The Santa Ana Police Department's Homeland
Security Division is satisfied with the grant management services provided by Willdan Homeland
Services and recommends approval of this agreement.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal # 1 - Community Safety, Objective
#31B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing,
enforcing, and reducing criminal activity and traffic collisions).
FISCAL IMPACT
Funds in the amount of $140,000 are available in the FY 2016 UASI Grant fund contract services
account (accounting no. 12514491 -various) for the 2017-18 fiscal year. Funding for fiscal year
2018-2019 will be identified in future annual budgets, and is contingent upon grant funding being
secured by the City and approval by City Council. If future funding is not received, the one-year
renewal option will not be exercised.
-D id Valentin
Acting Chief of Police
Santa Ana Police Department
APPROVED AS TO FUNDS AND ACCOUNT:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
Exhibit: 1. Agreement with Willdan Homeland Solutions
25C-2
PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE
GRANT PROJECT & FISCAL COORDINATOR SERVICES
THIS AGREEMENT, made and entered into this 11 day of August, 2017 by and between
WILLDAN HOMELAND SERVICES, an operating division of WILLDAN GROUP, 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. City, acting through the Santa Ana Police Department in its capacity as a Core City and lead
agency for the Anaheim I Santa Ana Urban Area under the Urban Areas Security Initiative
("UASP'), has applied for, received and accepted a grant from the federal Department of
Homeland Security, Office of Domestic Preparedness, through the State of California, Office of
Emergency Services, to enhance countywide emergency preparedness, hereinafter referred to as
"the Grant".
B. The City desires to contract with an expert in providing on-site project and fiscal grant
management services as a Project and Fiscal Coordinator — Grant Management Services.
C. Consultant represents that it has the necessary skills and experience to provide assistance in
developing grant applications, invoicing and processing payment documents in compliance
with grant policies, and maintaining guidelines and polices required by grant providers.
D. hi undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected 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 develop and provide fiscal grant management services as set forth in Exhibit
A, attached hereto and incorporated by this reference. All services required hereunder shall conform
in all respects to standards and regulations for funding by the U.S. Department of Homeland Security,
and the California Office of Emergency Services. Consultant will be responsible for continued
training to remain current on the management and reporting obligations required of the various
Homeland Security Grant funds.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services an
hourly rate of $65.64, as noted in the Cost Price Proposal attached as Exhibit B, incorporated herein by
reference. Additionally, Consultant shall be reimbursed for training and travel which has been pre -
approved, in writing, by City. The total sum that can be expended during the term of this Agreement shall
not exceed $140,000 annually.
25C-3
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. USE AND OWNERSHIP OF DOCUMENTS
It is understood by and agreed to between the parties that all written papers or materials prepared
pursuant to this Agreement, paid for with Grant funds, or composed utilizing information provided by Santa
Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon completion of the services
hereunder.
9 61 al
This Agreement shall commence on September 1, 2017 and terminate on August 31, 2018, unless
terminated earlier pursuant to Section 13, below. This agreement contains an option to be extended one
year (September 1, 2018 through August 31, 2019), subject to approval by the City Manager, City
Attorney and City Council Approval and is contingent upon grant funding being secured by the City and
approval by the City Council.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance
and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from any act or
occurrence arising out of Consultant's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence. 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, 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
25C-4
under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
c. The following requirements apply to the insurance to be provided by Consultant pursuant to
this section:
(i) Consultant shall maintain all insurance required above in full force and effect for the
entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement
and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled without thirty
(30) days prior written notice to the City. Ten (10) days notice if cancellation is due to
non-payment of premium.
d. If Consultant fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
termination shall not affect Consultant's right to be paid for its time and materials expended prior to
notification of termination. Consultant waives the right to receive compensation and agrees to indemnify
the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, and special counsel from liability for personal injury, or just compensation, arising out of
claims for personal injury, including death, and claims for property damage, to the extent they arise from
the negligent or willful misconduct in the performance of operations or errors or omissions 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.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
25C-5
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by fust class or
certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
With courtesy copies to:
[k
Santa Ana Police Department
UASI / Homeland Security Division
60 Civic Center Plaza
P.O. Box 1981 (M-97)
Santa Ana, California 92702
Attn: Brad Hadley
Email: bhadley@santa-ana.org
Telefacsimile (714) 245-8098
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Telefacsimile (714) 647-6515
To Consultant: Jim Bailey
Willdan Homeland Solutions
2401 East Katella Avenue, Suite 300
Anaheim, California 92806
Office (714) 940-6389
Cell (760) 521-5087
Email: jbailey@willdan.com
A party may change its address by giving notice in writing to the other party, Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours
25C-6
after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed
as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event
of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the
City and by an authorized representative of Consultant. The parties agree that any terns or conditions of
any purchase order or other instrument that are inconsistent with, or in addition to, that terms and
conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In the event that grant funding is not secured, City has the right to terminate the Agreement
immediately upon exhaustion of the grant funds. 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 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.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
25C-7
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
17. CONSULTANT CERTIFICATIONS
a. Federal Regulations — Recipient must comply with the government cost principles,
uniform administrative requirements and audit requirements for federal grant program housed within Title
2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2
CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud,
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the
Federal government.
C. Audit Records - With respect to all matters covered by this agreement all records shall be
made available for audit and inspection by CITY, the grant agency and/or their duly authorized
representatives for a period of three (3) years from the date of submission of the final expenditure report
by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims
related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all
documents, papers and records relevant to the services provided in accordance with this Agreement,
including the Attachments hereto. For the same time period, Recipient shall make said documents, papers
and records available to City and the agency from which City received grant funds or their duly
authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises
of Recipient, upon request during usual working hours.
d. Recipient shall provide to City all records and information requested by City for inclusion
in quarterly reports and such other reports or records as City may be required to provide to the agency from
which City received grant funds or other persons or agencies.
e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal
funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal
funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified
handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the
benefits of or be subject to discrimination, including discrimination in employment, in any program or
activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that
requirements of The Act shall be included in the agreements with and be binding on all of its contractors,
subcontractors, assignees or successors.
25C-8
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
g. Lobbying and Political Activity - None of the funds, materials, property, or services
provided directly or indirectly under this agreement shall be used for any partisan political activity, or to
further the election or defeat of any candidate for public office, or otherwise in violation of the provisions
of the "Hatch Act".
It. Recipient will comply with all applicable lobbying prohibitions and laws, including those
found in United States Code Title 31, § 1352, et seq., and agrees that none of the funds provided under this
award may be expended by the Recipient to pay any person to influence, or attempt 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 any federal action concerning the award or renewal of any federal
contract, grant, loan, or cooperative agreement.
i. Recipient will comply, and all its contractors (or subrecipients) will comply, with all
requirements of the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352), as applicable.
j. Non -Discrimination and Equal Opportunity - Recipient will comply, and all its contractors
(or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of
the Rehabilitation Act of 1964, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act
(ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as
amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the
Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended;
Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a
Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will,
in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of
Justice.
k. Recipient will comply, and all its contractors (or subrecipients) will comply,
with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
1. Recipient will comply, and all its contractors (or subrecipients) will comply, with
all requirements of the California Public Contract Code Section 10295.3, as applicable.
M, Recipient will comply, and all its contractors (or subrecipients) will comply,
with all requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented
in Department of Labor regulations (29 CFR Part 3), as applicable.
n. Recipient will comply, and all its contractors (or subrecipients) will comply,
with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR Part 5), as applicable.
25C-9
o. Recipient will comply, and all its contractors (or subrecipients) will comply,
with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act
(40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5), as
applicable.
P. Recipient will comply, and all its contractors (or subrecipients) will comply,
with all applicable standards, orders or requirements issued under Section 306 of the Clean Air
Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive
Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as
applicable.
q. Recipient will comply, and all its contractors (or subrecipients) will comply,
with all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.
871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995),
as applicable.
r. Recipient will comply, and all its contractors (or subrecipients) will comply, with
all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as applicable.
s. Recipient agrees that the Department of Homeland Security shall have the
authority to seek patent rights for any process, product, invention or discovery developed and
paid for with funding through this Agreement based on the requirements of 37 CFR§ 401, as
applicable.
t. Recipient may copyright any books, publications or other copyrightable materials
developed in the course of or under this Agreement. However, the federal awarding agency,
State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and
(2) any rights of copyright to which the subcontractor purchases ownership with support
through this grant. The Federal goverrunent's, SAA's and City's rights identified
above must be conveyed to the publisher and the language of the publisher's release
form must ensure the preservation of these rights.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
25C-10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
SONIA R. CARVALHO
City ruey
By:
TAMaWAOSAA::�
Sr. Assistant City Attorney
APPROVED AS TO FORM:
DAVE VALE-.NTIN
Chief of Police
CITY OF SANTA ANA, a municipal
Corporation of the State of California
CYNTHIA KURTZ
City Manager
WILLDAN HOMELAND SOLUTIONS
JIM E. BAILEY
President and CEO
25C-11
JOB DESCRIPTION
GRANT PROJECT & FISCAL COORDINATOR
25C-12
m Anaheim/ Santa Ana UASI Grant Office
Job Title:
Grant Project & Fiscal
Job Category:
Contractor/Consultant
Coordinator
Department/Group:
Project Management Unit
Job Code:
UAS1003
Financial & Audit Unit
Agency
Santa Ana Police Department
Job Description
Reporting Relationships/Supervision
Reports to the UASI Grant Coordinator and Admin strator. Works in close coordination with Project Coordinators,
Sub -Recipients, City Finance, and the California Of ice of Emergency Services. Liaison to the UASI Working Group
(UAWG), UASI Steering Committee, UAWG Sub -Co mittees, and Orange County Intelligence Assessment Center
(OCIAC) Fusion Center.
Basic Function
The Grant Project & Fiscal Coordinator plans, orga ilzes, manages, and directs activities related to project
management and the Financial and Audit Unit. En ures successful Integration of all aspects of projects, including
technical, financial, legal, and political, to ensure that projects assigned stay on budget and on schedule. Ensures
grant finances are in compliance, submits cash advances/requests In a timely manner, tracks expenditures and
budgets, processes sub -recipient reimbursement requests, and manages detailed recordkeeping.
II
Responsibilities
Project Management and Coordination I
• Responsible for the management and.ovI9rsight of all assigned project activities including but not limited
to: contract management and milestoneonitoring, ensuring compliance with all applicable rules and
regulations, managing budgets, ensuring participation of all regional public safety agencies, and regular
reporting. j
• Provide review of project applications, ensuring Authorized Equipment List (AEL) compliance.
• Supports the coordination and implementation of the contracting process such Request for Proposal (RFP)
.development and creation, review, and pocessing of agreements.
• Participates in grant application and love tment justifications at regional, state and federal level.
• Provides updates on project status and/or program goals/initiatives.
• Provides briefings to the UASI Working Group, UASI Steering Committee, and UAWG Sub -Committees,
and OCIAC Fusion Center.
• Assists with entry of equipment items into Wisetrack Inventory System. Compile necessary
documentation for attachment to each Item in system.
• Review of required documentation submitted by staff and sub -recipients to Include project applications,
EHP. CaIOES approvals (including but not limited to Sale Source, Vehicle Approval, Emergency Operation
Center approvals, and Aircraft/Watercraft Approval), quarterly reports, and project budgets.
• Acts as liaison to OCIAC Fusion Center.
• Attends planning and update meetings as requested or deemed necessary.
• Provides programmatic and fiscal status reports (bi-weekly, monthly, and quarterly) to the UASI Grant
Coordinator and OCIAC Director.
25C-13
SQL
Anaheim/ Santa Ana UASI Grant Office
Financial and Audit Management
City Financial Procedures:
• Upon receipt of grant award Information, complete appropriation adjustment for attachment to the
request for council approval, in order for new grant account number creation and budget allocations per
object code.
• Complete Lawson entry of Projects and Activities, in order to create budget allocations by project, and
create Activity numbers that identify project and solution area as an accounting mechanism.
• Process purchase orders and attach supporting documentation, such as Invoices and packing slips, provide
accounting information and grant to be charged, create relmleursement packet, and send to City Finance
for vendor payment.
• Process incoming invoices for contract vendors, attach supporting documentation, for creation of direct
payment vouchers, create reimbursement packet, and send to Police Fiscal for payment.
• Process sub -recipient reimbursement packets to check for required financial paperwork and completion,
process sub -recipient Invoices, create reimbursement packet, and send to Police Fiscal for payment.
• Turn In bi-monthly timesheets for grant personnel, collect overtime chits, and turn Into Police Fiscal for
posting. Review monthly labor distribution reports, attaching appropriate timesheets, chits, and use P2R
Payroll program to printout additional information as required.
• Complete budget projections for each open Homeland Security Grant, Including approved positions, and
send completed budget to Police Fiscal for inclusion into the City Budget for each new fiscal year.
• Upon close of grant, complete reconciliation of City General Ledger and all grant cash requests,
completing necessary journal voucher to balance discrepancies.
• Provide analytical supportfor project managers, grant manager, and grant administrator as needed.
California Office of Emergency Services (colOES) Procedures:
• Ensure financial compliance with the grant and any financial directives set forth by the California Office of
Emergency Services (previously the Office of Homeland Security) and the Department of Homeland
Security. Ualson with local, state and federal agencies regarding financial matters related to the
administration of the Homeland Security Grants.
• Participates in grant application and investment justifications at regional, state, and federal level.
• Assist and complete grant applications and grant modification requests via the California Office Of
Emergency Services workbook, confirming modifications to the Internal project matrix, training and
exercise rosters, approved project applications, and project descriptions are reflected in the workbook.
• Complete grant cash requests and advances using the workbook, from compiled reimbursement packets,
training packets, equipment ledger, and City General Ledger via LAWSON. Request City Invoice, attach
workbook, and send to the California Office of Emergency Services for reimbursement.
• Once checks have been received from the State, add a copy to the cash request files, attach pertinent City
Invoice, and deliver to Treasury for deposit.
• Work with City Accountant to calculate Interest earned on cash advances, tracking vendor/sub-recipient
payment, compared to advance check deposit date. Request check to the Federal Department of Health
and Human Services, for all Interest earned on grant advances.
• Maintain an updated database of all financial points of contact and conduct periodic on-site financial
monitoring of Homeland Security Grant sub -recipients.
• Conduct financial and budgetary analysis of General Ledger, Project and Activity Report, Labor.
Distribution Report, and Revenue Ledger report.
• Prepares and submits bl-annual progress reports (BSIR) Into the Federal Grant Reporting Toot
25C-14
r— Anaheim/ Santa Ana UASI Grant Office
• Attend Urban Area Security Initiative Working Group and Steering Committee meetings as programmatic
and financial point of contact.
• Update and revise Urban Areas Security Initiative Sub-Reciplent Guidelines and Policies, to Include new
laws, rules, and requirements from DHS and Cal -CES, as well as updated Grant Office procedures for
project managers and sub -recipients.
• Update any Anaheim / Santa Ana UASI forms with each new grant year, including reimbursement forms,
project applications, project modifications, monitoring forms, training forms, reporting forms, and others.
• Keep in constant communication with grant project managers to ensure appropriate federal, state, and
local requirements are being met and they meet grant deadlines.
• Send out reminders when the Quarterly Project Status Reports are due, review for completeness, and
forward to the appropriate office staff for review.
• Provides programmatic and fiscal status reports (bi-weekly, monthly, and quarterly) to the UASI Grant
Coordinator.
Knowledge, Skills, and Abilities
Full understanding of Federal and CalOES Homeland Security Grant Guidance and full understanding of the
Anaheim/Santa Ana UASI Sub -recipient Grant Guidance. General knowledge of government
cantracting/procurement processes. Ability to manage project budgets. Ability to facilitate group meetings. Ability
to research topics unfamiliar to their normal areas of expertise and experience (within Homeland Security Grant
relevancy) and develop program/project plans. Knowledge of grant financial management requirements, and
ability to read through the applicable code of federal regulations, OMB circulars, Environmental & Historic
Preservation requirements, Cal -CES Strategic Goals & Objectives, Core Capabilities, Procurement and Purchasing
Policies, and Travel Policies, for the Urban Area Security Initiative (UASI) grants and Homeland Security Grant
Program (HSGP). Ability to manage project budgets. Ability to facilitate group meetings. Ability to research topics
unfamiliar to their normal areas of expertise and experience (within Homeland Security Grant relevancy) and
develop program/project plans. Ability to maintain good working relationships with all stakeholders within the
UASI, state or outside agencies, other team members, staff and the community based stakeholders. Knowledge
and ability to use LAWSON Financial Management System Software, P2K Payroll System Software, the Federal
Grant Reporting Tool, and Microsoft programs such as Word, Excel, Outlook, PowerPoint, Publisher, and the
Wisetrack Inventory System. Knowledge of municipal government operations, City financial accounting techniques,
procurement, budgetary processes and controls. Advanced verbal and written communication skills. Ability to
solve problems. Above average political acumen.
25C-15
EXHIBIT B
WILLDAN HOMELAND SECUIRTY
PRICING PROPOSAL
C(TY OF SANT ANA
Grant Project and Management Services
COST PRICE PROPOSAL
Performance Period #1 — One year exercisable extension, at the
City's option
September 01, 2017 through August 31, 2018
LABORCATEGORT RATE HOURS TOTAL
Labor
Grant Project & Fiscal Coordinator
Subtotal Time & Materials (T&M) Labor
OTHER DIRECT COSTS
Estimated Trawl and Training
Subtotal Cost Reimbursble
,GRAND TOTAL
25C-16
65.64 2,000 $ 131,280
2,OOe $ 131,280
$ 7,000
$
$ 138,280.00
`:. •, ..
• MOM. •
[01kV90.liPrel [MLIA 9RETRIl. =
AUGUST 1, 2017
TITLE:
APPROVE AN AGREEMENT FOR JOINT
USE OF SEWERAGE FACILITIES WITH THE
GARDEN GROVE SANITARY DISTRICT
[NON -GENERAL FUND]
{STRATEGIC PLAN NO. 6,1}
CIT MANAGER
CLERK OF COUNCIL USE ONLY:
F.1152091WR
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
511ffNVILLif51W
Authorize the City Manager and Clerk of the Council to execute the attached agreement with the
Garden Grove Sanitary District, subject to non -substantive changes approved by the City
Manager and City Attorney, for the joint use of sewerage facilities.
DISCUSSION
The City of Santa Ana owns and operates a sewer collection system comprised of 390 miles of
sewer main pipeline which collects sewage from all residents and businesses within Santa Ana.
The neighboring city, Garden Grove, also owns and operates a sewer collection system for the
same purposes. Along Santa Ana's limits with the City of Garden Grove, there are shared sewer
pipeline and sewer mains which collect sewage generated by residents and businesses of Santa
Ana and Garden Grove. The sharing of sewerage facilities in this boundary area allows for
servicing the needs of both communities at a substantial cost savings.
The City of Santa Ana and the Garden Grove Sanitary District (City of Garden Grove) first
entered a joint use agreement for shared sewerage facilities in 1985 (Exhibit 1). Under the terms
of the 1985 agreement, the limits of shared facilities are identified, a capital improvement cost
sharing basis is established based on proportionate use, maintenance responsibilities are
defined, and criteria is established identifying when capital improvements are necessary. To
date, the agreement has served both cities well.
The proposed joint use of sewerage facilities agreement (Exhibit 2) replaces the original 1985
agreement. It is necessary to reestablish shared commitments, incorporate new sewer pipeline
replacement and design criteria, update the capital cost sharing commitments, and incorporate
additional sewer pipe segments which were not previously included in the 1985 agreement. The
updated agreement retains the spirit of cooperation, and shared costs and responsibilities of the
original agreement. The new shared sewerage facilities agreement is for a period of 50 years,
2501-1
Agreement for Joint Use of Sewerage Facilities with the City of Garden Grove
August 1, 2017
Page 2
expiring on June 30, 2067. Such a period acknowledges the typical lifespan of the sewerage
facilities.
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).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
M" /�--
4Freh Mouaviilodr
Executive Director
Public Works Agency
FM/NS/RR
Exhibits: 1. 1985 Joint Use Agreement (A-85-96)
2. Proposed Joint Use of Sewerage Facilities Agreement
25D-2
AGREEMENT
FOR
JOINT USE OF SEWERAGE FACILITIES
This agreement, made and entered into this 5th day of
August 19 85 , between the.City of Santa Ana, a municipal
corporation, hereinafter referred to.as "CITY", and the Garden Grove Sanitary
District of Orange County, California, a sanitary district organized under the
Sanitary District Act of 1923, hereinafter referred to as "DISTRICT".
W I T N E S S E T H
WHEREAS, Orange County District Reorganization No. 66 will detach
approximately 1,000 acres from the DISTRICT, of which approximately 906 acres
are located within CITY; and,
WHEREAS, Reorganization No. 66 will transfer to CITY the fixed assets
of the detached portion of DISTRICT that are within CITY; and
WHEREAS, said Reorganization provides for DISTRICT to retain capacity
rights in certain DISTRICT sewerage facilities to be transferred to CITY which
will be needed by DISTRICT to transport wastewater from remaining areas of --
DISTRICT to the Orange County Sanitation District facilities; and,
WHEREAS, sewers transferred to CITY will remain connected to sewers
retained by DISTRICT, and CITY will need capacity rights in these sewers to
transport wastewater from the detached area within CITY to downstream portions
of the same sewer transferred to CITY; and,
WHEREAS, a report prepared.by Boyle Engineering Corporation for the r
City of Santa Ana entitled "Addendum to the June 1979Engineering Report Update
on Sewerage Facilities" dated July 27, 1984 indicates that certain shared sewers
within CITY or DISTRICT will not have adequate capacity for the wastewater from
the planned ultimate development of the areas within DISTRICT and CITY tributary
to said certain facilities; and,
WHEREAS,. because capacity rights in certain sewerage facilities will be
shared by DISTRICT and CITY, it is in the best interests of DISTRICT and CITY to
enter into an agreement to provide for the cost sharing of maintenance of sewers
in which DISTRICT and CITY will share capacity rights and to provide for funding
of the construction of future severs within CITY or DISTRICT that may be
necessary to provide sufficient capacity to transport the combined ultimate
wastewater flows from portions of DISTRICT and CITY to the Orange County
Sanitation District facilities; and,
NOW, THEREFORE, in consideration of the payments herein provided and
the.several obligations hereof, the parties agree;
1. Shared Sewers
(a) CITY hereby grants to'DISTRICT and DISTRICT hereby grants to
CITY capacity rights so long as capacity is available in the shared sewers, the
locations of which are shown on Exhibit A attached hereto and described in
Exhibit $ attached hereto. DISTRICT and CITY agree to use said shared severs
only to transport wastewater from those portions of DISTRICT or CITY within the
tributary area as shown on said Exhibit A. The shared sewers, or portions
thereof, shall be deemed to be at capacity when the measured peak }flow bas a
depth equal to 75% of the sewer diameter.
When either party determines by field measurements that a portion
of a shared sewer is flowing at capacity, as defined herein, they shall
immediately notify the other party in writing, setting forth the limits, the
measured flow, and the depth of the peak flow.
25�°£4�
Upon determination and notification that a sewer is at capacity,
both parties shall immediately cease issuance of any additional sewer connection
permits to any tributary sewer. The cessation of issuance of sewer connection
permits shall continue in force until additional sewer capacity has been
constructed as provided for herein.
(b) CITY and DISTRICT agree to maintain their respective portions
of the shared sewers as shown on Exhibit A in the same manner and at the same
frequency as all other sewers maintained by CITY or DISTRICT.
(c) Replacement or Repair of Shared Sewers
Both parties agree that the shared sewers have a finite life
and eventually, due to damage or deterioration, all or portions of the shared
sewers may need to be replaced. When either party determines that a portion of a
shared sewer within its jurisdiction is in need of major replacement, it shall
immediately notify the other party in writing, setting forth a description and
schedule of repair or replacement and the estimated cost thereof. Unless the
work is required to abate a public health problem it shall be scheduled so that
both parties can arrange for financing in the next following fiscal year. Work
'required to abate a public health problem shall be commenced immediately.
The cost of repair or replacement of each shared line shall be
apportioned to each party as set forth.in Exhibit B. The total cost shall
include engineering, administration and construction expenses. Prior to starting
the repair or replacement work, the initiating party shall bill the other party
for their apportioned share.. The other party shall promptly deposit the billed
amount. Upon completion of the work and payment of all costs, the initiating
party shall submit a report setting forth all costs incurred together with either
a bill, or a refund for the difference between the actual apportioned cost and
the deposit.
'25P-5
Any repair or replacement costing less than 45,000.00 may
be done by force account. Repairs or replacements costing in excess of
$5,000.00 shall be subject to a public bidding process.
If, within 30 days.aftor notification, .the notified party
disagrees with the necessity or estimated cost or apportionment of the cost of
the repair or replacement, they shall so notify the other party in writing. If
the parties are unable to agree upon the need or cost of, the repair or replacement,
the matter may be submitted to arbitration as set forth in Section 4.
2. Future Sewers
It is anticipated that, as the tributary area to the shared sewers
continues to develop, there will not be adequate capacity, as defined in Section
1, in some of the shared sewers. Exhibit C attached hereto shows the sizes and
locations of parallel sewers and relief connections to orange County Sanitation
District facilities that are anticipated will be required in the future to
provide capacity for ultimate planned development.
On or before October 1st of each year, each party shall determine
whether the shared sewers within their jurisdication have sufficient capacity, as
defined in Section 1, to provide service without limiting connections for the
next calendar year. If it appears that adequate capacity will not be available,
then the parties shall meet and determine within 60 days the.size and estimated
cost of a parallel relief sewer that, together with the existing sewer, will
provide adequate capacity for ultimate planned development within the tributary
area. Each party shall provide the estimated ultimate flows for their portion of
the tributary area.
The cost of the new parallel sewer, including engineering,
administration and construction shall be apportioned between the parties equal to
25D-6
4 of 6
the ratio that each party's estimated ultimate peak flows bears to the combined
ultimate peak flow.
The construction of the new line shall be scheduled to start after
the next July lst in order to permit both parties to budget the required funds.
Prior to commencing construction, the party within whose
jurisdiction the new sewer will be located shall bill the other party for their
apportioned share of the total cost. The other party shall promptly deposit the
billed amount. Upon completion of the work, and payment of all costs, the
initiating party shall submit a report setting forth all costs incurred together
with either a bill or a refund for the difference between the actual apportioned
cost and the deposit.
If one of the parties does not finance their apportioned share of
the new parallel sewer, or relief connection, or for any other reason declines to
participate, then the remaining party at their option may proceed to construct
and finance a parallel sewer with capacity only for the tributary area within
their jurisdiction, if this option is exercised, then the party choosing not to
participate shall immediately cease issuance of sewer connection permits as
provided for in Section 1(a). Such cessation of connection permits shall remain
in effect until the non -participating party constructs sewer facilities with
capacity for added flows from their tributary area :or diverts the added flow to
non -shared sewers.
3. Modifications
A -pumping station in Fountain Valley now discharges sewage into the
shared line in Edinger Avenue. In the event that the flow from this pumping
station is discharged elsewhere, this agreement shall be. modified as necessary to
reflect the changed condition.
a
gBU-7
4. Arbitration
I£ the parties are unable to agree on the necessity, cost, or
apportionment of repair or replacement of shared sewers, the matter may be
submitted to arbitration before a 3 -man arbitration board in the following
manner:
Either party may, within 60 days after the date of the notification
of the need for a repair or replacement, appoint one member of said arbitration
board, giving notice thereof to the party making the first appointment to said
board. The third member shall be appointed by the first two members. All
members of said board shall be registered Civil Engineers in the State of
California.
5. Notice
Any notice hereunder shall conclusively be deemed to have been
given upon, the date it is enclosed in a sealed envelope addressed to the party to
whom intended at the following address:
If to the CITY: City of Santa Ana
Attention:
Chief Engineer .
Utilities Agency
If to the DISTRICT: Garden Grove Sanitary District
Attention: President, Board of Directors
6. Termination
The term of this agreement shall commence upon approval'and
execution of this document by both parties, and shall continue for so long as is
necessary to carry out the purposes of this agreement.
This agreement may be terminated or amended at any time by the
consent of both parties.
25Pof4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers, duly authorized, the provisions of which
Agreement are effective as of'tbe data first above written.
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
i 6—rney
APPROVED AS TO CONTENT:
By
City Manager
APPRAVED AS TO FORM:
By�
CITY OF SANTA ANA,
A Municipal Corporation
By
Mayor
GARDEN GROVE SANITARY DISTRICT,
a Sanitary.. tract f
By
Chairman
25D-9
LUENV,
'•mm" CITY OF SANTA ANA 'BOUNDRY.
BOUNDRY OF AREA -TRIBUTARY TO SHARED SEWERS.
•�■ ORANGE COUNTY SANITATION DIST. TRUNK SEWERS.
--- BOUNDRY OF AREA WITHIN, CITY DETACHED FROM
GARDEN GROVE SANITARr DISTRICT.
SHARED SEWERS& DIAMETER TO BE MAINTAINED
BY CITY.
SHARED SEWERS & DIAMETER TO BE MAINTAINED
BY DISTRICT.
25D-10
EXH18I ' a,
CITY
OF
SANTA ANA
ORANGE COUNTY
CALIFORNIA
laro
IXx/ i.�4gIN
xSCAL--� E IELI �\ �1
■ \
25DA 1
Apportionment(l)
of Repair or
Replacement Cost
District City
08 1008 -
448
448
0%
318
678
75%
758
0%
378
48%
428
448
488
518
548
398
36%
258
568
568
1008
698
728
338
258
258
1008
638
528
58%
568
528
498
468
618.
648
758
EXHIBIT B
Sewer
Located
Shared Sewer Location.
Diameter
within
Marty - Lewis to Siemon
8"
District
Marty - Lewis west to'City
Boundary
8"
District
Marty - City Boundary west
to Laird
a"
City
Marty - Siemon to Lewis
8"
District
Laird - Marty to Trask
10"
City
-Trask - Laird to Fairview
10"- - ----- ---City_—.
Cotter - Downie to Marty
8"
City
Marty - Cotter to Fairview
8"
City
Fairview - Marty to Trask
8"
City
Westminster - Buena to Roxey
10"
District
Westminster - Roxey to Clinton
12"
District
Westminster - Clinton to Harper
12"
city
Westminster - Harper to Laurel
12"
City
Westminster - Laurel to
Enterprise
12"
City
Westminster - Enterprise to
Nautilus
12"
City
Westminster - Nautilus to east
of Harbor
12"
City_.
Westminster - East of Harbor
to Harbor.
12"
City_
Harbor - Westminster to Century
15"
City
Harbor —Century to Washington
15'"
City
Harbor -*Washington to Hazard
15"
City
25DA 1
Apportionment(l)
of Repair or
Replacement Cost
District City
08 1008 -
448
448
0%
318
678
75%
758
0%
378
48%
428
448
488
518
548
398
36%
258
568
568
1008
698
728
338
258
258
1008
638
528
58%
568
528
498
468
618.
648
758
EXHIBIT B
Apportionment�l3
of Repair or
Located Replacement Cost
sewer
Shared Sewer Location Diameter within District Citx
Harbor - Hazard to 5th
15" City 238 778
h't 1st 15" City 228 788
Harbor -St o
798
Harbor - Edinger to City
10",
Boundary
218
Westminster - East of Newhope
10"
Westminster - East of Newhope
City
to Newhope
10"
Westminster-= Newhope west to
1Q"
City Boundary
city
.Westminster - City Boundary to
10"
Parsons
678
Westminster - Parsons west to
lQ"
City Boundary
388
Westminster - City Boundary
10"
to Rosita
Westminster - Rosita to
La Bonita
lo"
Westminster —La, Bonita
' to Anita
10'
Westminster - Anita to Euclid
10"
Euclid - Westminster to Juarez
15"
Euclid - Juarez to Hazard
15"
Euclid - Hazard to 5th
15"
Euclid - 5th to lst
15"
Edinger - Harbor to 2280' east
of Newhope
12"
Edinger - 2260' east to 1950'
east of Newhope
12"
25D-12
-2-
District 08
city 758
City 748
City 768
District 7-88'
District 798
1008
258
268
248
228
21%
City
798
218
city
798
218
City
808
208
City
928
88
City
918
9
city
838
178
City
678
338
city
628
388
District
358
658
District 368 648
EXHIBIT B
0
(1�Apportionment based on ultimate average flows per report prepared
by Hoyle Engineering Corporation for the City of Santa Ana entitled
"Addendum to -the June 1979 Engineering Report Update on Sewerage
Facilities" dated July 27, 1984.
- 3 -
25D-13
Apportionment�l)
of Repair or
Sewer
Located
Replacement
Cost
Shared
Sewer Location
Diameter
within
District
City
Edinger
- 1950' east to 1620'
east of Newhope
12"
District
378
638 .
Edinger
- 1620' east of Newhope
to City Boundary
12"
•District
398
618
Edinger
- City Boundary to
Newhope
12",
City
398
618
Edinger
- Harmon to Euclid
12"
City
338
678
0
(1�Apportionment based on ultimate average flows per report prepared
by Hoyle Engineering Corporation for the City of Santa Ana entitled
"Addendum to -the June 1979 Engineering Report Update on Sewerage
Facilities" dated July 27, 1984.
- 3 -
25D-13
25D-14
AGREEMENT FOR JOINT USE OF SEWERAGE FACILITIES
THIS AGREEMENT FOR JOINT"USE OF SEWERAGE FACILITIES (the "Agreement") is
made and entered into to be effective as of the day of , 2017_ (the "Effective
Date") by and between the Garden Grove Sanitary District ("District"), a subsidiary district of the
City of Garden Grove, and the City of Santa Ana ("City"), a municipal corporation. District and
City are sometimes individually referred to as "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, the District and City both own, operate, and maintain sewerage facilities within
their respective jurisdictions; and
WHEREAS, it is necessary for District and City to enter into this Agreement to ensure
effective operation and maintenance of sewerage facilities, protection of the public health and
welfare, compliance with the Statewide Waste Discharge Requirements, and equitable cost sharing
between District and City, for jointly used sewerage facilities.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises
herein contained, it is hereby agreed by and between the District and the City, as follows:
1. SHARED SANITARY SEWERS.
(a) Cgpacity Rights.
City hereby grants to District, and District hereby grants to City, capacity rights, subject to
the provisions of this Agreement, in those shared sanitary sewers located within the territorial
jurisdictions of City and District, respectively, the locations of which are shown on Exhibit "A" and
described on Exhibit "B" attached hereto. District and City agree to use the shared sewers only to
transport wastewater from those areas specified on Exhibit "A" as tributary to the shared sanitary
sewers. The Parties agree to notify the other party if wastewater is transported outside the area
depicted on Exhibit "A". The diversion, release, or transmission of wastewater from any other area
into the shared sanitary sewer facilities by either Party, without express written consent of the other
Party, shall be deemed to be a breach of this Agreement, provided that (i) the non -breaching Party
provides written notice to the breaching Party which explains with particularity the nature of the
claimed breach, and (ii) within thirty (30) days after receipt of said notice, the breaching Party fails
to cure the claimed breach or, in the case of a claimed breach which cannot be reasonably remedied
within a thirty (30) day period, the breaching Party fails to commence to cure the claimed breach
within such thirty (30) day period, and thereafter diligently complete the activities reasonably
necessary to remedy the claimed breach: The shared sanitary sewers, or portions thereof, shall be
deemed to be at capacity when the measured peak dry weather flow has a depth equal to the
following percentage of the sewer diameter, as verified through flow monitoring:
25DRIS
579683.1
Size of Sewer
Percentage of Sewer Diameter
Existing Shared Sewers All Diameters)
62%
New or Replacement Shared Sewers (_?18" in Diameter)
62fo
New or Replacement Shared Sewers (<18" in Diameter)
50%
If one Party to this Agreement determines by field measurements that a portion of a shared
sanitary sewer is flowing at, above or within 10% of capacity, as defined herein, that Party shall
immediately notify the other Party in writing, setting forth the sewer line capacity limits, the
measured flow, and the depth of the peak dry weather flow, and provide any other information and
documentation relating to the flow supporting the determination which the notifying party possesses.
Upon determination and notification that a sanitary sewer, or a portion or portions thereof, is
at or exceeding capacity, both Parties shall immediately cease issuance of any additional sewer
connection permits and permits for increases in the number of restrooms, sinks, showers, bathtubs,
or square footage in existing building that directly or indirectly convey wastewater to those portions
of that sewer that is at or exceeding capacity. The cessation of issuance of sewer comiection permits
and permits for increases in the number or restrooms, sinks, showers, bathtubs, and square footage in
existing buildings shall continue in force until sufficient additional sewer capacity has been
constructed and been placed in operation as provided for herein.
(b) Maintenance.
City and District each agree to maintain the portions of the shared sanitary sewers as shown
on Exhibit "A" which are located within their respective jurisdictions in good condition and in at
least the same manner and at the same frequency as all other comparable sanitary sewers maintained
by City or District. Costs for routine maintenance of any portion of a shared sanitary sewer shall be
borne by the Party within whose territory the shared sanitary sewer is located. For purposes of this
Agreement, routine maintenance shall include anything that is within the normal scope of sewer line'
maintenance duties of the responsible Party's employees or contractors, including, but not limited to,
regular cleaning of the entire system (including more frequent cleaning at problem areas), visual and
closed circuit television inspection and re -inspection, pump station maintenance, and root removal.
Any repair in excess of the normal scope of such duties, or which is necessitated by changes from
the plan design conditions, shall be undertaken pursuant to Paragraph I (c).
(c) Replacement or Repair of Shared Sanitary Sewers.
Both Parties acknowledge and agree that the shared sanitary sewers have a finite life and
eventually, due to damage or deterioration, all or portions of the shared sanitary sewers may need to
be repaired or replaced. When a Party determines that a portion of shared sewer within its
jurisdiction is in need of repair or replacement, it shall immediately notify the other Party in writing,
setting forth a description and schedule of repair or replacement and the estimated cost thereof.
Unless the work is required to abate a public health or welfare problem, it shall be scheduled so that
both parties can budget for the project in the second subsequent fiscal year, effectively allowing both
parties to budget for the project two years after determination of need of repair or replacement.
Work required to abate a public health or welfare problem shall be commenced immediately. Except
in the case of work required to immediately abate a public health or welfare problem, the Parties
shall meet to review the plans and specifications for the repair or replacement of the shared sanitary
25D-16
579683.1
sewer (i) upon their fifty percent (50%) completion and (ii) upon their completion, but prior to the
solicitation of bids for the repair or replacement work.
The cost of repair or replacement of each shared sanitary sewer shall be apportioned to each
Party according to flows as set forth on Exhibit `B," The total cost shall include both in-house and
outside engineering, administration, and constriction expenses. Prior to starting the repair or
replacement work, the initiating Party shall invoice the other Party for its apportioned estimated cost
share. The other Party shall promptly deposit the invoiced amount with the initiating Party. The
initiating Party shall keep these monies in a segregated fund and use them only for the project for
which they were deposited. Upon completion of the work and payment of all costs, the initiating
Party shall submit a report setting forth all costs incurred together with either an invoice, or a refund
for the difference between the actual apportioned cost and the deposit (and any related accumulated
interest).
All repair and replacement work shall be done in accordance with applicable laws,
ordinances, charter provisions related to public work projects, and the applicable standards and
specifications of the Party within whose jurisdiction the work is being performed.
If, within 30 days after notification, the notified Party disagrees with the necessity for, or
disagrees with the estimated cost of, the repair or replacement, it shall so notify the other Party in
writing. If the parties are unable to agree upon the need for or cost of the repair or replacement, the
Parties may pursue any other remedies authorized bytbis Agreement.
This Subsection 1(c) shall apply to any replacement of a shared sewer line by a new shared
sewer line of equal or lesser capacity. Section 2 of this Agreement shall apply to replacement of
existing shared sewer lines by new sewer lines with a capacity greater than the capacity of the line
being replaced and the construction of new shared sewer lines.
(d) Compliance with Law.
Each Party hereby agrees to operate and maintain the shared sanitary sewers within its
jurisdiction and those sanitary sewers within its jurisdiction that directly or indirectly connect to
shared sanitary sewers in the other Party's jurisdiction in accordance with all applicable federal and
state laws and regulations, including, but not limited to, any waste discharge requirements
("WDRs") lawfully established by the State Water Resources Control Board and/or the Santa Ana
Regional Water Quality Control Board, and each Party's respective Operation and Maintenance Plan
when such plan is adopted (collectively, "Applicable Laws and Regulations").
2. FUTURE SANITARY SEWERS.
(a) Annual Determination of Sufficiency of Capacity in Shared Sewers.
It is anticipated that future development in the tributary areas to the shared sanitary sewers
may lead to a situation in which there is a need for additional capacity, as defined in Section 1, in
some of the shared sanitary sewers. On or before October 1st of each year, each Party shall
detennine whether the shared sanitary sewers within its jurisdiction have sufficient capacity, as
defined in Section 1, to provide service without limiting connections for the next calendar year.
Each Party shall bear their individual cost of performing the sufficiency of capacity determination
25D-17
579683.1
with respect to the sewers within their jurisdiction and will perform the determination by whatever
means and methods they deem, appropriate. The results of such determinations must be shared with
the other Party by October 1 st of each year when the results indicate that a shared sanitary sewer is
near or over capacity as defined in Section 1.
(b) Construction of New Shared Sanitary Sewer
If a Party determines that any shared sanitary sewers within its jurisdiction will not have
sufficient capacity to provide service without limiting connections for the next calendar year, then
the Parties shall meet and determine within sixty (60) days the size acrd estimated cost of a new,
larger sanitary sewer that will provide adequate capacity for ultimate planned development witivn
the tributary areas. The Parties anticipate that such new, larger sanitary sewers will generally be
designed and constructed as replacements for the then -existing shared sanitary sewers. Unless
otherwise agreed by the Parties, the Party within whose jurisdiction the new sanitary sewer will be
located shall be responsible for preparation of the plans and specifications for the new sanitary
sewer. The Parties shall meet to review the plans and specifications (i) upon their fifty percent
(50ofo) completion and (ii) upon their completion, but prior to the solicitation of bids for construction
of new sanitary sewer.
The cost of the new sanitary sewer, including in-house and outside engineering,
administrative, and construction, shall be apportioned between the parties in the proportions set forth
on Exhibit "B."
The construction of the new line shall be scheduled to start by the mutual agreement of the
parties, but in no event shall it be undertaken prior to the next July 1st so that both parties may
budget for the required funds, unless earlier construction is required due to an irmnediate threat to
public health and welfare or unless theparties mutually agree to earlier commencement of
construction.
Prior to commencing construction, the Party within whose jurisdiction the new sanitary
sewer will be located shall invoice the other Party for its apportioned share of the estimated total
cost. The other Party shall promptly deposit the invoiced amount with the initiating Party. The
initiating Party shall keep these monies in a segregated fund and use them only for the project for
which they were deposited. Upon completion of the work, and payment of all costs, the initiating
Party shall submit a report setting forth all costs incurred together with either an invoice, or a refund,
for the difference between the actual apportioned cost and the deposit (and any related accumulated
interest).
(c) Withdraw of Tributary Areas in Lieu of Contribution to Cost of New Shared Sewer.
In lieu of contributing to the cost of a new, larger shared sanitary sewer, a Party may elect to
withdraw the areas within its jurisdiction tributary to the shared sanitary sewer fiom coverage under
this Agreement and construct alternative connections of the sanitary sewerage facilities in such
tributary areas, provided that the Party provides notice to the other Party of its intention to withdraw
such tributary areas and construct alternative corrections and/or facilities prior to the award of a
contract by the other Party for design of the new shared sanitary sewer. The failure to provide such
notice prior to the award of the design contract shall constitute a waiver of the right to elect to
withdraw. A Party that makes such an election to withdraw shall, as of eighteen (18) months
r
57968).1
following the date of the election be deemed to have relinquished all capacity rights in, and rights to
discharge to both the relevant existing shared sanitary sewer, to the extent such sewer remains in
existence fotlowing construction of the new larger sanitary sewer, and any new supplemental or
enlarged replacement sanitary sewer constructed by the other Party. The withdrawing Party shall
commence construction of the alternate connections of the sanitary sewerage facilities and/or new
facilities in affected tributary areas within a reasonable time after notifying the other Party of its
election and, in the absence of a mutual agreement of the Parties providing otherwise, shall ensure
that the alternate connections and/or facilities are constricted and in operation, and that the area
served by the shared sewer no longer discharges into the shared sanitary sewer, no more than
eighteen (18) months after notifying the other Party of its election. Such Party shall make a good
faith effort to coordinate construction of its alternate sanitary sewer connections and/or facilities
with the other Party's construction of the new sanitary sewer.
(d) Options in Event of Party's Failure to Fund Apportioned Share of New Shared Sewer.
If one of the Parties does not finance or fund its apportioned share of the new sanitary sewer
or for any other reason declines to participate, then, unless such Party withdraws and constructs
alternate connections as provided in Section 2(c), above, the other Party, at its sole option, may take
any of the following actions:
(i) Proceed to construct with its own funds a new supplemental sanitary sewer with
capacity only for the tributary area or a portion thereof within its jurisdiction. If this
option is exercised, then the non -participating Party shall have no capacity rights in
the new supplemental sewer and, with respect to the existing shared sanitary sewer,
shall immediately cease issuance of sewer connection permits and permits for
additional fixtures in, and/or square footage additions to, existing buildings as
provided for in Section I(a). Such cessation of issuance of permits shall remain in
effect until the non -participating Party constructs alternate sewer facilities with
capacity for added flows from its tributary area or diverts the added flows to non -
shared sanitary sewers. The non -participating party shall be solely responsible for all
maintenance, repair; abandonment and enforcement costs of the existing shared
sanitary sewer following the construction of the supplemental sanitary sewer until it
constructs alternate sewer facilities or diverts all of its flows to non -shared sanitary
sewers;
(ii) Proceed to construct with its own funds anew, larger sanitary sewer with capacity for
the tributary areas in the jurisdictions of both parties and recover from the non-
participating Party that Party's proportionate share of all necessary and appropriate
costs as determined after completion of construction, through mutual co-op
agreement of the Parties ; and/or
(iii) Pursue any remedy authorized in law, in equity, or by this Agreement.
(e) Treatment of New Shared Sanitary Sewers and Amendment of Exhibits
Upon completion of construction, ,new shared sanitary sewers shall be treated by the Parties
in the same manner as existing shared sanitary sewers. The Parties shall, in good faith, negotiate an
amendment to Exhibits A and B upon completion of each new shared sanitary sewer in order to
25D-19
579681.1 1
maintain an accurate record of the shared sanitary sewers and the appropriate unit flow factors and
proportionate flows.
3. ARBITRATION.
If the parties are unable to agree on the necessity, cost, or apportionment of cost of repair,
replacement, or construction of shared sanitary sewers, upon mutual agreement of the parties, the
matter may be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title
9, Sections 1280 et seq.
If the parties do not mutually agree to arbitration, either Party may pursue all remedies
available to it under law, including the initiation of legal proceedings to determine each Party's
rights and obligations.
4. ENFORCEMENT OF DISCHARGE REGULATIONS
(a) Primary Enforcement Responsibility.
Each Party agrees to keep in force and effect ordinances, regulations, and/or procedures
regulating discharges of materials and substances into the sanitary sewers within its jurisdiction
(collectively, "Discharge Regulations"), which are required by, and comply with, all Applicable
Laws and Regulations. Each Party shall have primary responsibility for enforcing its own Discharge
Regulations. For purposes of this Agreement, the term "enforcement" shall include monitoring,
inspection, sampling, investigation of past and potential discharge violations, issuance of
administrative orders and compliance schedules, recovery of administrative and civil penalties,
obtaining injunctive relief to ensure compliance with applicable Discharge Regulations, and any
other actions taken to ensure compliance with applicable Discharge Regulations. Nothing herein
shall be construed to limit the ability of either Party to enforce its own Discharge Regulations or the
terms and conditions of any sewer connection or discharge permits issued by such Party.
(b) Cooperation in Enforcement.
(i) Either Party may request to participate with or accompany inspections being
conducted within the areas tributary to the shared sanitary sewers that are outside of
the requesting Party's jurisdiction, and the inspecting Party shall reasonably
accommodate all such requests.
(ii) The Parties agree to cooperate in exchanging reports, correspondence and other
information relating to the discharges in the service areas within their respective
jurisdictions which are tributary to the shared sanitary sewers, including data on all
point sources relating to discharge quality, and information produced as a result of
monitoring; inspection and enforcement. It is the intent of the parties that, except in
an emergency as set forth in Section 3(b) (iii), if either Party determines that
enforcement actions or additional enforcement actions are or may be needed with
respect to a discharge originating within the other Party's jurisdiction, the Party so
determining shall notify the other Party, and the Parties shall meet and confer in order
to determine the appropriate enforcement actions to be taken and the roles of the
Parties.
25D-20
579683.1 6
In the event of a bona fide emergency, any affected Party may proceed with
enforcement measures it reasonably deems necessary to protect the shared sanitary
sewers within its jurisdiction, but such Party shall notify the other Party of such
action as soon thereafter as possible.
(iv) Either Party, upon becoming aware through its monitoring or inspection or by
information received from a discharger or a third party, of any discharge originating
within any area within its jurisdiction that is tributary to a shared sanitary sewer
within the other Party's jurisdiction, which presents an imminent danger to the public
health, safety or welfare, or the environment, or which threatens to interfere with the
operation of the other Patty's sewerage system, shall immediately notify the other
Party of such discharge. Each Party shall also immediately inform the other Party of
any discharger within such tributary areas which has been determined by such Party
to be in non-compliance with the terms of its discharge permit or such Party's
Discharge Regulations and of what enforcement action is proposed to be taken by
such determining Party.
(c) City Delegation of Secondary Enforcement Authority to District
(i) Delegation of City's Enforcement Authority to District. To the extent permitted by
law, City hereby delegates to District, the limited authority necessary, within the
scope of this Agreement, to enforce City's Discharge Regulations and the terms and
conditions of any sewer connection or discharge permits applicable in the service
areas within the City's jurisdiction which are tributary to the shared sanitary sewers
located within District's jurisdiction.
(ii) Secondary Enforcement by District. Within those portions of City's service areas that
are tributary to shared sanitary sewers located within the District's jurisdiction, if the
District makes a detennination that enforcement or additional enforcement is
necessary in a particular instance, and if the City has not initiated the enforcement or
additional enforcement, the District shall be entitled to proceed independently to
pursue enforcement as it deems appropriate; provided that the District has first
requested that the City respond with the appropriate enforcement and the City has
failed to respond within a period of time that is reasonable (based on the urgency of
the circumstances). Except in an emergency, if the District determines to take
independent actions pursuant to this paragraph, it shall first notify the City as soon as
possible, but not less than twenty-four (24) hours in advance of the intended
enforcement action. Such notice may be given in writing or by telephone or by
electronic communication or facsimile, confirmed in writing.
(d) District Delegation of Secondary Enforcement Authority to City.
(i) Delegation of District's Enforcement Authority to City. To the extent permitted by
law, District hereby delegates to City, the limited authority necessary, within the
scope of this Agreement, to enforce District's Discharge Regulations and the terns
and conditions of any sewer comiection or discharge permits applicable in the service
25D-21
579683.1
areas within the District's jurisdiction which are tributary to the shared sanitary
sewers located within City's jurisdiction.
(ii) Secondary Enforcement by City. Within those portions of District's service areas that
are tributary to shared sanitary sewers located within the City's jurisdiction, if the
City makes a determination that enforcement or additional enforcement is necessary
in a particular instance, and if the District has not initiated the enforcement or
additional enforcement, the City shall be entitled to proceed independently to pursue
enforcement as it deems appropriate; provided that the City has first requested that
the District respond with the appropriate enforcement and the District has failed to
respond within a period of time that is reasonable (based on the urgency of the
circumstances). Except in an emergency, if the City determines to take independent
actions pursuant to this paragraph, it shall first notify the District as soon as possible,
but not less than twenty-four (24) hours in advance of the intended enforcement
action. Such notice may be given in writing or by telephone or by electronic
communication or facsimile, confirmed in writing.
(e) Nothing herein is intended to relieve either Party from any responsibility it may
otherwise legally have for enforcement within its own jurisdiction or make the Parties jointly
responsible therefore.
5. REMEDIES.
In addition to any other remedies provided elsewhere in this Agreement and by law, the
parties shall be entitled to specific performance. The parties acknowledge that monetary damages
are not an adequate remedy in the event of a breach by either Party to this Agreement with respect to
the obligations to construct or repair facilities and to discontinue wastewater discharges to affected
sewers. The Parties agree that the construction, repair or discontinuance obligations shall be
specifically enforceable by any court of competent jurisdiction.
6. INDEMNIFICATION.
Each Party shall defend, indemnify and hold harmless the other Party and each of its officers,
directors, council members, employees, agents and representatives against and from any and all
actions, claims, damages to persons or property, fines, fees, penalties, obligations or liabilities,
including attorney's fees, that may be asserted or claimed by a person, firm, corporation political
subdivision, governmental agency, or other organization, arising out of, resulting from, or in
connection with (i) the negligence or willful misconduct of itself, its officers, agents, employees, or
representatives in the performance of this Agreement, and (ii) any wastewater discharge from a
sanitary sewer operated by, or on behalf of, itself, into ashared sanitary sewer within the jurisdiction
of the other Party.
TERM AND TERMINATION.
The term of this Agreement shall commence upon approval and execution of this document
by both parties and shall expire on June 30, 2067. This Agreement may be terminated by written
notice to the other party at least 18 months in advance. The party electing to terminate agreement
25D-22
579693.1
must ensure that all of its respective sewage flows are diverted into a separate conveyance
infrastructure.
S. AMENDMENT.
(a) This Agreement may be amended by the written agreement of both parties.
(b) Each Party shall promptly notify the other Party of, and the Parties shall endeavor to
appropriately amend Exhibits "A" and/or `B" to this Agreement within a reasonable time following,
(i) the withdrawal and disconnection of tributary areas from any shared sewers, (ii) any changes in
the land use designation of an area tributary to a shared sanitary sewer, (iii) changes in other unit
flow factors utilized in calculating the Party's respective proportionate flows and cost sharing
percentages, or (iv) construction of new shared sanitary sewers.
9. NOTICES.
All notices or other communications required or permitted hereunder shall be in writing, and
shall conclusively be deemed to have been given upon the date it is (i) enclosed in a sealed envelope
addressed to the Party to whom it is intended, and deposited in the United States Mail with adequate
postage; (ii) delivered to the office of the intended Party; or (iii) sent through other commercially
reasonable means, such as overnight delivery by a reputable courier company. The addresses of the
respective parties for all notices shall be:
CITY: City of Santa Ana
Attention: City Clerk
20 Civic Center Plaza, M-30
Santa Ana, CA 92701
City of Santa Ana
Attn: Director of Public Works
20 Civic Center Plaza, M-21
Santa Ana, CA 92701
DISTRICT: Garden Grove Sanitary District
Attn.: General Manager
P. O. Box 3070
Garden Grove, CA 92842
Any Party may, by written notice to the others, designate a different address, which shall be
substituted for that specified above.
10. SEVERABILITY.
If any tern, provision, covenant, or condition set forth in this Agreement is held by the final
judgment of a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions, covenants, and conditions shall continue in full force and effect to the extent that the
basic intent of the Parties as expressed Herein can be accomplished. In addition, in such event the
Parties sball cooperate in good faith in an effort to amend or modify this Agreement in a mariner
25D-23
3796834
such that the purpose of the invalidated or voided provision, covenant, and condition can be
accomplished to the maximum extent legally permissible; provided, however, that in no event shall
either Party be required to agree to an amendment or modification of this Agreement that materially
adversely impacts its rights or materially increases its obligations or risks as set forth herein.
11. WAIVER.
No waiver of any right or remedy by a Party with respect to any occurrence or event under
this Agreement shall constitute a continuing waiver or be deemed a waiver of any right or remedy in
respect to any other or subsequent occurrence or event.
12. ENTIRE AGREEMENT.
This Agreement (including the Exhibits hereto) constitutes the entire understanding and
agreement of the Parties and supersedes all previous negotiations, discussions and agreements
between the Parties relative to the joint use of sanitary sewers.
13. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed an original
and all of which shall constitute but one and the same instrument.
14. RECITALS.
The Recitals above are hereby incorporated into this section as though fully set forth herein
and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement,
by the same.
25D-24
579683.1 10
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized officers as of the date first set forth above.
"DISTRICT"
GARDEN GROVE SANITARY DISTRICT
ATTEST:
0
Board Secretary
APPROVED AS TO FORM:
District Counsel
ATTEST:
m
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO, CI"TY ATTORNEY
BY
JO& Funk
Assistant City Attorney
579083,1
General Manager
"CITY"
CITY OF SANTA ANA
in
25D-25
11
City Manager
EXHIBIT "A"
MAP OF SHARED SANITARY SEWERS AND TRIBUTARY AREAS
25D-26
579689.1
Exhibit Ad: Overview - City of Santa Ana and Garden Grove Sanitation District Shared Sewer System
25D-27
Legend
•... .Santa Ana City Limit
— Shared SewerTributary Boundary
— Shared GGSD Sewers
— Santa Ana Sewers
OCSD Trunks
Exhibit A-2: Detail -City of Santa Ana and Ga rden Grove Sanitation District Shared Sewer System
25D-28
Exhibit A-3: Detail- City of Santa Ana and Garden Grove Sanitation District Shared Sewer System
25D-29
Legend
••^ Santa Ana City Limit
�^ Shared Sewer Tributary Boundary
Shared GGSD Sewers
® Santa Ana Sewers.
^^ OCSD Trunks
F--
Co�o,u rzmza�«
Exhibit A4: Detail • City of Santa Ana and Garden Grove Sanitation District Shared Sewer System
25D-30
EXHIBIT `B"
UNIT FLOW FACTORS AND PROPORTIONATE FLOWS
25D-31
5'7FG$7.l
Exhibit B: Wastewater Flow Split Percentages between Jurisdictions
Marty-Lewis west to city Boundary
8"
District
60%
40%
Marty-City Bound a ry west to Lai rd
$"
City
60%
40%
Laramore- City Boundaryto Laird
8"
City
44%
56%
Laird- City Boundary south to Laramore
8"
Clty
65%
35% _
Laird-Laramore to Lori
8"
City
49%
51%
Laird - Lori to Marty
8"
City
23%
779°
Laird -Marty to Trask
8"
City
53%
47%
Trask -Laird to Fairview T
10"
City
44%
56%
Lori to Cotter
8"
City
20°%
80%
Co-_Fairview
tter - Lori to Downie
8"
City
20%
80%
Downie - Fairview to Cotter
8"
City
15%
85%
Cotter-Downie to Marty
$°
City
22%
78%
Marty- Cotter to Fairview
8"
City
22%
78%
Fairview-Marty to Trask
$"
City
34%
66%
_
Westminster- Buena to Roxey
10"
District
18% ^_
82%
Westminster -Roxey to Clinton
15"
District
1B%
82%
Clinton-. Keel to Westminster
8"
District
95°%
5%
Clinton - Keel to end of Clinton
8"
District
83%
17%
Green - Clinton/City Boundary to Holiday
10"
City
80%
20%
Washington- Holiday to Harbor
10"/12"
City
18%
82%
Westminster Clinton to Harper
15"
City
235s
77%
Westminster - Harper to Laurel
15"
City
29%
71%:
Westminster- Laurel to Enterprise
15"
City
29%
71%
Westminster- Enterprise to Nautilus
15"
City
29%
71%
Westminster- Nautilus to east Of Harbor
15"
City
29%
719°
Westminster- East of Harbor to Harbor
15"
City
30%
70%
Harbor- Westminster to Century
15"
City
0%
100%
Harbor- Centuryto Washington
15"
City
0%
100%
Harbor-Washington to Hazard
15"
City
9%
91%
Harbor-Hazard to Sth
15"
City
6:%
94%
Harbor-5th to lst
15."
City
5%
9591.
Westminster - Harborto West.
15"
City
30%.
70%
Westminster-Westto Newhope
15"
City
30%
70%
Westminster- East of Newhope to Newhope
10"
City
47%
53%
Westminster- Newhope west to City Boundary
10"
City
77%.
23%
Westminster- City Boundary to Parsons
10"
District
77%
23%
Westminster- Parsons west to City Boundary
10"
District
789,
22%
Westminster- City Boundary to Rosita
10"
City
83%
17%
Westminster - Rosita to La Bonita
10"
City
83°%
1790
Westminster- La Bonita to Anita
10"
City
83%
17%
Westminster -Anita to Euclid
12"
City
959,
5%
Westminster -La Bonita to Euclid
8"
City
0%
10090
Euclid -Westminster to 36th
15"
City
0%
100%
25D-32
25D-33
25D-34
am.011
• 09 -0
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
DONATION AGREEMENT WITH VARIOUS
ORGANIZATIONS TO SUPPORT
COMMUNITY EVENTS AND PROGRAMS
(STRATEGIC PLAN NO. 5,4)
CITAIIAGER
IaxKe]LnIT, I:Ik,1�]��7_[��C�TrI
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
Authorize the City Manager and Clerk of the Council to execute agreements with various
organizations in support of their community events and programs, subject to nonsubstantive
changes approved by the City Manager and the City Attorney, as follows:
1. AltaMed Health Services Corp to support their annual free health screening and resource
event, in the amount of $500 (Mayor Pro Tem Martinez);
2. Charitable Ventures of Orange County to support the Heninger Park Neighborhood
Association Summer Street Fair event, in the amount of $320 (Mayor Pro Tem Martinez);
3. Community Engagement Inc. to support two introductory Coding workshops at the Garfield
Community Center, in the amount of $1,500 (Mayor Pro Tem Martinez);
4. Orange County Children's Therapeutic Arts Center to support the Youth Employment
Program in the amount of $500 (Mayor Pro Tem Martinez);
5. American Youth Soccer Organization Region 517 to support the All-Star League of
Championships Playoffs in winter of 2017, in the amount of $1,000 (Councilmember
Solorio);
6. Casa de la Familia to support the on-going mental health services, in the amount of $500
(Councilmember Solorio);
7. Hispanic 100 Foundation to support the Youth and Government program's on-going
activities, in the amount of $1,500 (Councilmember Solorio);
29A-1
Donation Agreement with Various Organizations to
Support Community Events and Programs
August 1, 2017
Page 2
8. Morrison Park Neighborhood Association's to support the neighborhood summer event
and movie night, in the amount of $385 in city service credit (Councilmember Solorio);
9. AltaMed Health Services Corp to support their annual free health screening and resource
event, in the amount of $500 (Councilmember Benavides);
10. Charitable Ventures of Orange County to support Artesia Pilar Neighborhood Association's
summer event, in the amount of $1,000 (Councilmember Villegas);
11. Charitable Ventures of Orange County to support Santa Anita Neighborhood Association's
movie night event, in the amount of $1,000 (Councilmember Villegas);
12.Santa Anita Neighborhood Association to support the Cesar Chavez Campesino Park
Graffiti Paint Out and Community Clean Up event, in the amount of $500 in city service
credit (Councilmember Villegas).
13.Templo Calvario Community Development Corporation to support the Love Santa Ana
initiative to beautify the Santa Anita Park, in the amount of $2,000 (Councilmember
Tinajero)
DISCUSSION
On August 4, 2015, City Council adopted Resolution 2015-042, establishing a City Special Event
Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and
policy outlines the eligibility criteria for neighborhood associations and eligible non-profit entities
for consideration of City Council sponsorship.
In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per
fiscal year to support eligible organizations, including neighborhood associations and non-profit
organizations. 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.
The donation agreements listed above are in response to the Donation Requests (Exhibits 1-13)
submitted by various community organizations or neighborhood associations to the specific
Councilmembers, seeking sponsorship for community events and/or programs. The
Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events
through the Special Event Sponsorship funds. Upon approval by City Council, the respective
donation agreements (Exhibit 14) will be executed.
29A-2
Donation Agreement with Various Organizations to
Support Community Events and Programs
August 1, 2017
Page 3
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability).
FISCAL IMPACT
Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2017-18
General Non -Departmental account (01105015-62300) as appropriate from each of the following
Councilmember's appropriated amounts for Fiscal Year 2017-18:
Mayor Pro Tem Martinez $ 2,820
Councilmember Solorio $ 3,385
Councilmember Benavides $ 500
Councilmember Villegas $ 2,500
Councilmember Tinajero $ 2,000
APPROVED AS TO FUNDS AND ACCOUNTS:
Finance and Management Services Agency
EXHIBITS: 1-13. Donation Request Forms
14. Standard Donation Agreement
29A-3
City of Santa Ana CiManager's00 Civic Center Plaza
31
�'� Donation Request P.O. Bon 1988
4 Santa Ana, CA 92702
(714) 647.5200
r
(Name: IMariaPazties: Policy Analyst
llAddress: 12040 Camfield Ave
City, State, zip: LOS Angeles CA 90040 Phone: i323-889-7892
;Email: mpmoreno@altamed.org Fax: 1323-889-7855
IName: 'AltaMed Health Services Corp
Tax-Exempt Status: Is your organization a non-profit or public tax-exempt organization as 'Select One:
!defined under Section 501(c)(3) of the Internal Revenue Code? FV_1 Yes ElNo !
i
I If No, you will only qualify for a credit for City-related costs for your request file, permit fees, i
i
!staff time, rental rates for facilities or equipment,etc.). Costs for City services vary and if If Yes, jg52810095 1
reproved, credit may or may not cover full cost of requested City services !Tax 10 0:
80 M-1 ^r
'City Services Credit '$
Date Needed 108/17/2017 Mayor/Councilmember: Martinez
Amount Requested: ;
Direct Payment Amount 0$/17/2017 Event Time;
,Requested: I$+I+dew— 1Even4 Date: I 12pm-spm
_.. $500 approved _
(Event Location: '.1400 N. Main St Santa Ana CA 92701
(Address,, City, State, Zip
Nglonally theemnd weok M August is dedicadef to mcoanerng the senno and Contdbutionof health eenlrs Ntlal Health Cater Vessel, (August 1110201 alflowa us (a unlearned the
!long ossund ofoucaevo and delvaly slash quality Cort agodlva ntl olble cpreor smo natlon. Am hH IIM1C mors 9 r25 mIWO Ind!Itl I hr 9.000 11 In
IDeseriptlon of Iha Oallotl Slolao MCludlnOlha Gkidcl of Columbia, Pusan Rleo, LLB targln Islands and Guam This y.a,.$be.leC.O.W.lig Amercn4 Health Centers. Th.la"WHouniluConeoushlorl
i Event Purpose: As pad argue week long oolobradon, AIWMad Wil behaells, on Olson House In our Santa Ano, Main dlnie(locarsd at 1400 N. Main St Santa Ann, CA 92701) home pm to S pm on Thurs&y.
i Augud 17th. TFiv event WII bo upon to the publicnnd IndWe free health scraonings, rpmoa and pnxos, antl heollh etlucallvn matenale end Inlormalion,
i
Provide free health screenings to the Santa Ana community, provide information about the health and
community Bennet: wellness services AltaMed offers to the community, and encourage and motivate Santa Ana residents to
engage in healthy activities as well as healthy eating.
Applicant Signature:IN
�r 'Date: I7117
I Mail: City Manager's Office - M-31 Email: donationrequest@santa-ana.org
20 Civic Center Pima I Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request: rs: DR AUGUST 1, 2017
- CouncilMaetfncq Dat'o:
Eligibility Nlet: YEs l Rio YES Approved Amount: $900
City Manager signature: Date:
Revised 01/05/2017
29A-4
C)
City Manager's Office- M-31
i City Of Santa Ana 20 Civic Center Plaza
fii Donation Request P.O. Box 1988
-p' Santa Ana, CA 92702
(714) 647-5200
';Name: Ginelle Hardy
Address: 822 S. Van Ness Ave.
,city, State, zip: Santa Ana, CA 92701
Email: ginelleann@gmail.com
Phone• 714-905-6951
Fax; —
(Nama: Heninger Park Neighborhood Association
Tax -Exempt Status: Is your organization anon -profit or public tax-exempt organization as ISelect One:
'd'defined under Section 501(:)(3) of the Internal Revenue Code? Yes
If No, you will only qualify fora credit for City -related costs for your request (i.e. permit fees, -"-
'staff time, rental rates forfacrtlities orequipment, ets).Costs for City services vary and If iif Yes, j
;approved, ctedit may or may not cover hill cost of requested City services. Irax ID M i 20-8756660
i I i
Fiscal Sponsor: Charitable Ventures of OC
(City Services Credit
Amount Requested: i$-i-,$f5�i'8�' (Date Needed: June 22, 2017 (Mayor/Counciimember, Michele Martinez
'Direct Payment Amount I
Event Date: Event Time:
!Requested: $320.00 July 22, 2017 j 11:00 am - 3:00 pm
_ _- _
!Event Location:
Addross, City, Stafe, Zip 700 block of South Ross Street
i ,
;Description of , Heninger Park Neighborhood Summer Street Fair
Event/ Purpose: "An afternoon to meet neighbors and make new friends"
Community Benefit: An event to celebrate the neighborhood - not a fund raiser
Applicant Signature: g,�... ' _. _ _.... Date:.... .June 13, 2017
a a m
Mall: City Manager's Office -M-31 Email: donationrequest@santa-ana.org
20 Civic Center Plaza Fax: (714) 647.6964 !.
P.O. Box 1988
Santa Ana, CA 92702
I
Donation RCque$R 8:. _. DR
Eligibility Met: YES I NO YES
City Manager Signeture:
Council Meeting Date:
Approved Fvnount
Date:
August 1, 2017
$320
Revised 01/05/2017
City of Santa Ana
Piarene;
Ma( lele rte SpelIc?t
}ddMc �40291ete_4eity Place n lt}t _...
poy, a„ zip 'Newport (ach, CA 92660
Emr#; ;;pet}e, 3��st}ei.l c3n,�(�*tsaa} etlaE
City ManEger s On' cci f,"31
20 Civic Cente+Maty
f° 0 Box 198E
SatCc Ana CA 5310`,
vm) 687-E14V
Gree: �78A-A�iLta's8.?E
Fax.
i iax, xamgt St"o is Y atlan a #vxtgarOt or Pubtf 0 taK�e)avn C ce wizatwn as
}iatseeS--. �
dunder 501(OX3)e;lftWongRevsnue%de? `taciQne: �j,/�Yt% � iNo
tift, you stNONY - theaCsatfHOfCatf'.ertaretltwsswycxwmquest(10,Perm*Fees, I
b."+'tkre.rernnFraraasFbrPer32leaar .alaLadtuCdynsRkRavmyaendX FY's• i
#pPeov0d, CMM may ormaynor ookw U east rAraq~ C#yser3lcas. Yaz#U m. $
(>�#tg 8arv!¢ea Caadit
("F^�� Roxi os
_... .._ , A_ t �4
! tB Noe*d: 'August t dyk7tr v'4lSdnavn@mtt@l:'Ma
Pay> n#Anwsat1
sated:
1500 ', ugust 19,262 �vantTime:
(gam-12pFi
Event Loaadat:
'Garfield Community Center 01 North Lacy Santa Asia CA 92701
iaar<sz Cser �,,,sa
E WO intro..itxtcry Coding MKKr shop!3 wish Fortner Student for �Ad3S€`s t ?sts5 t., nr, . •.-4 v: i i:.
Most#Ft n of
11eaCiihiC a closS d c(3mpille"r boot Comp to, `t9AUrA--i Snident$ tms ss njQ)cf.
!Evert t putpoaa.
Wder CiltlidS unity c` cce-is to lechriolooy EllFod h t'1t1 itlSdiStluCtlC?r• nCE �? fLAt .1
Ca+nrt-aun#tY�anatt#:
t_iiucation in t Int'�oductoryr' Coding YYoi ksltrops
29 Civyi�c Gender Maza
Far 17#41847{OS4
PZ� e0z t
I
1 Santa Ana,CA 927`42
Rvo,ied A PAW2o i l
29A-6
ori ry City of Santa Ana
f' Donation Request
City Manager's Office - M-31
20 Civic Center Plaza
P.O. Sox 1988
Santa Ana, CA 92702
(714) 647.5200
Name: Dr. Ana Jimenez-Hami
Title: Executive Director
iAddress: 12215 North Broadway
1
;City, State, Zip: 'Santa Ana
;Phone: 714-296-2191
Email: lana@occtac.org
;Fax:
1714-564-9690
Name: !Orange County Children's Therapeutic Arts Center
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as
1Select One: Yes No
defined under Section 501(c)(3) of the Internal Revenue Code? l
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.). for Cify services vary and if If Yes,
33-0930891
'approved, credit may or may not cover full cost of requested City services. Tax ID #:
r___.___..
City Services Credit $ Date Needed. 06-26-2017 1Mayor/Councilmember Martinez
'Amount Requested:
.Direct Payment Amount
Requested:
!$500 1Event Date: (06-30-2017 Event Time: pm
! !4:30-7:30
!Event Location:
i OCCTAC
'Address, Clty, State, Zip
2215 North Broadway, Santa Ana, CA 92706
! Once a year we celebrate the students enrolled In our "Youth Employment Program" that completed all the requirements of the
Description of
! program. We invite the parents and family members to celebrate their accomplishments and do a "GRADUATION" ceremony at our
!Event / Purpose:
agency. The funds we are requesting would allow us to purchase food to give to the families on that day since the grant does not allow
I for us to purchase food for the program. Since this is a special celebration we would love to treat the families and students on that day,
j
! Our Santa Ana Youth deserve to celebrate their accomplishments with their parents and family members This event celebrates our youth and all the efforts
Community Benefit:
! they have invested in improving their current life situation, including getting a job and enrolling in college. Many of our youth have great challenges, such as a
! disability, parenting teens, basic skills deficiencies, and others. Despite these challenges, they have learned to overcome these barriers, and have improved
!
significantly. By celebrating their accomplishments we motivate them to continue to pursue bigger and greater things in their lives, especially their education?
Applicant Signature:
Date: 16-26-2017
Mail: City Manager's Office - M-31 I Email: donationrequest@santa-ana.org
! 20 Civic Center Plaza 'Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
i
Donation Request DR
xe,v, a rce t? +, Nt ,t to -xv N,"Vc Council Meeting Date:
Eligibility Met: YES I NO Approved Amount:
City Manager Signature: Date:
Revised 01/05/2017
JUN -2U -2U1'/ Ub:o/from:
'1o:1/7,409'/b9b4 Yage:1/1
i
e�
City of Santa Ana C1fyManagers Cf%co-M.31
20 CIVIC Cantor plaza
^'.. Donation R®QUBSt Ao. Box 1988
Santa Ana, CA 02702
(714) 047.5200
i
e , ,
ck Niedermayer Director
Area Dir,
.
Address 14 W. Pendelton Ave #A
aly, , state, zip;'
Santa Ana, Ca. 92704 f-714
phone:
- --�^—
356.8960
Email:
rCksWorld Ilve.CA Ytl .... .,.,... Fax: _.. .'I
._
Name: AYS® Region 517
... ..
Tax•Exomp ellen anon- root ar ubllo l ----m tar anix tion as
P p p 9
66a�Qnl � your of
y( 1( ®
slim
definod under Section 501 a 3) Of the Intemel RaVanua Code!
golatl One:
®Vee � No
onde
IfNmatteas.
tredI (fill r0(mclaostodC o ra ue4t #.a, � d f�
rental rales Porfsslll(les or a u/ � f, e(o. ,Costs for C sewltovary p a
Ilan! uef may
staff flme,redR mayor CoservI. '�
approved, sro
11 Yea 1
au ID t€;
.,.
�+a�+'� {/�af/1 3 yn.�
9 �'1JL®���6!
Iljy
�.d't7
r
ity gervlceo CmdR
oust Requested; 1,0001Data Naedad.
Nov,27 2017
MayorlCouncinnomher. samdo
Pueenl Amount -�Eent.. D.am
,Requestd
•
,vtnm0:Direst
EAntLryacentennial
od,Ill
Park' Dan YoungSoccer': Complex, nezAthl.e..t.i.c,
Fields
and
csl
_G.,
AY will hold there League Championships on Dec, 2nd & 3rd, and there
of
All-Star Championship playoffs on Jain, 13th,14th,20th & 21st 2018. The winners
E°oatlP°rpae°'
EventI Pur
., .....
will advance to the Section 11 Cham' lonship In the middle of February 2018
.., . ...
�Appllnant
nefiit..
Comm°nity Benefit..
a
8lgnaluro: i
player participate P..
promotes team work, fairres respect of the volunteers and of the a
p f play,
AC Icer itself. We do not charge a sin IIee l layer t r rrttici ate these
amo earns with Medals,award.
but
reward half f th t y._. participation ........... playoffs, a of
I
-,
e e , �._ —. .... ..... ...._._. _ ........ • __ ......._. .,............
Math CItY_ Menaorg'o Was -M,31
Email: donatBonraquaet@aanta anp.org
20 Clvto Center Plaza
Fax: (714) 047.0954
p,o. Sax 1988
i
Banta Ana, CA 92701
DDnahen Ra ; -DR • Caumlil Meoun onto: i"�t. t`) 1-t'�1i�-•
RoI^renca R on aaft reladmated opus 9
„Eligibility Met: ES! 0 Approvod Amount: �I, •-°"'
City Mnnager SlgnaNmData:
Revised 01/0512017
29A-8
City of Santa Ana
Donation Request
Gonzalez
Address: 11650 E. 4th St., Suite 101
city, state, zip; iSanta Ana, CA 92701 _._.......,_„»_._ Phone: LL -
�Emalt iggonzalez@casadelafamilia.org IFax:
04171111=111W
net status: Is your organization a non-profit or public tax-exampt organization as
der Section 501(c)(3) of the Internal Revenue Code?
will only qualify for a credit for City relatod costs for your request (i.e. pomtft fees,
rental rates for facilities or equipment, ete.).Costs for City services vary and if
credit may or may not cover full cost of requested City services.
pity Services Credit
Amount Requested:
Direct Payment Amount
Requested:
iDate Needed: :7/24/17
i
500.00 Event Date 7/28/17
City Manager's Office — M -3f
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 847-5200
& Development
430-3751
select One; ' F Yes F No
�If Yes, 3_070478
flax ID #:
ayor/Councilmember:
,went Time:
Location: ;Sowers Museum: 2002 N. Main St., Santa Ana, CA 92706
1, cliy. Slate, TIP
Solodo
7:00pm
On Friday, July 28, 2017, CDLF will hold a benefit event at the Bowers Museum
rte lin association with the John F. Kennedy Library Foundation.
�Proce
{Cmnmumty Benefit:,Victim
'Applicant Signature:
Mail: City Manager's Office—M.71
20 Civic Center Plaza
P.O. Box 1968
Santa Ana, CA 92702
Js to CDLF will help us continue to provide mental health services to
of psychological trauma.
Date "7/ '
Email; donationmquest@santa-ana,org
Fax; (714) 6476954
Dontt'kinn ftequcst fk. . n3a .
tr .,,;_,r_.f.: GnUnrR Mmzttlr+g tr2Ee:
= EHg1b3tik,y Met: YES i No ,bpProved ,dRwUg1V _
Revised 01/05/2017
29A-9
City of Santa Ana
Donation Request
City Manager's Office — Nl
20 Clain Center Plaza
P.O, Box 1488
Santa Ana, CA 92702
(714) 647.6200
r—
Address:
t 'L�,,g
•'"\• (�� �,((
Cny State, Zip
���,.. �',.w•.v.�F t
�. 1'i .
L-��t„� .Phone: L �I L(1
Name: C_' Foundation
fax
Exempk Status Is your organization a non-profit or pub
lic tax -'exempt organization as �Select One; /
tellned under Sectlon 501(0)(3) of the Intornal Ravenua Cade? 1 Yes> No
Itsff time, rental rates for facilities or equipment, eta). Costs for City sere ccs vary and f fees,
Y Y qualify Y Y q i c FTayx
es,
'if ry
ippro led, credit may or may not cover full cost of requested City servicea. ID #:
City Services Credit $ Date Needed ` Ma or/Councllmember. ,-
rnountRequested. y.
lRoquosted: nt Amount $ IEvent ate: �""')n'-� ..01 [Event Time:
IRaquosted IJ �, Coca _( G� r I 1
._..._ .._...,._.._„__....w„_..
'. Event Location:
Address City, state y
14
h,�a
Description of '^ t4%u�h CnH"-L�
Event/Purpose: (r tt
CAVIu /
�::IQVt?f W�^�.vr I' (lYo�rUwS
y
Cammunit Benefit: 1 V
Applicant
City Manager's Office -- M-31
20 Civic Center Plaza
PA, Box 1988
Santa Ana, CA 92702
If an a{,
YES•r NO YES,._
City Manager Signature:
Email: donationrequest@santa-ana.org
Fax: (714) 6486964
I t
WeY,t�l, r
, ..,.d�_..ar ..... F '�u4V'5.5b:1
Az
Council Maatin -Data
5 Ih August 1 2017
Approved Amount $1,500
..... --
Data: _ ._.._.._. _.._.__
--,evisod 01/05120
017
City of
Donation Request
o r.
City Manager's Office - M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647.5200
(Name: ,Morrison Park Neighborhood Association
I Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as
Internal Code?
(Select One:
❑Yes No
(defined under Section 501(c)(3) of the Revenue
i
If No, you will only qualify for a credit for City -related costs for your request (i. e. permit fees,
'It Yes,
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.
ax ID #:
i
City Services Credit
is 385.00 !Date Needed: (Mayor/Councilmember: I Soloric
!Amount Requested:
(Direct Payment Amount i 5:30 Ill
$ Event Date: !July 22, 2017 (Event Time: n
Requested: I Y
Event Location: 2801 Westwood Avenue, Santa Ana, CA 92706
!Address, City, State, Zip
I
Neighborhood Summer Event and Movie Night.
(Description of Funds requested to cover costs of event (actual amount to be determined once City provides fees.
(Event l Purpose:
[Brings neighbors together for an afternoon of games and food followed by a
Community Benefit:
Imovie in the park.
i
Applicant Signature: ekuljtiara Dazaa-Srazt�t iDate: IJUnE 7 2017
11, it lillill'ililiol'Ill'i
Mail: City Manager's Office - M-31 Email: donationrequest@santa-ana.org
I 20 Civic Center Plaza Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request#. DR -- _ -- AUGUST 1, 2017
uAt rn-rc:e u,..r n.t rat,#ed uPv= Council Meeting Date:
Eligibility Met: YES I NO YES Approved Amount: $1,000
City Manager Signature:'',, Date:
Revised 01/05/2017
city manager's office -IW-31
City ®f Santa A��
20 Civic
oCe ionPlaza
I aza
Donation Request P.98
Santa Ana, CA 92702
(714) 647.5200
4 0
!IName: Maria Paz
Policy Analyst I
Iddress: 12040 Camfield Ave
ICdty, state, zip: I,I Los Angeles CA 90040 ;Phone: !323-889-7892
Einad: 'I�mpmoreno@altamed,org ;Fax: ;323-889-7855 '..
IName: 'AltaMed Health Services Corp
Tax -Exempt Status: Is your organization a non-pro0t or public tax-exempt organization as aelect One: I
(defined under Section 501(c)(3) of the Internal Revenue Code? 1 ® Yes ❑ No
If No, you will only qualify fora credit for City -related costs for your request its. permit fees, If Yes
;Staff time, rental rates for facilities or equipment, etc). Costs for City services vary and if 1952810095
;approved, credit may or may not cover full cost of requested City services, Tax ID M
I
City Services Credit
I I al„�„e.,
$ Aate Needed: !08/17/2017 Mayor/Counciimember. BENAVIDES
Amount Requested:
(Direct Payment Amount
$ [HventDate:
108/17/2017 Event Time; 2pm-5pl't1
Requested:
$500 approved
Event Location:
1400 N. Main St Santa Ana CA 92701
(Address, City, State, Zip
r,'bandfliy, the second week of August is dedicated to acognlvng the servlet and ctnthballont of had Ith tenders affect] Health Center Man, Sauguat 13-19, 2017) Micas us to detaches the '
!
!Description Of
long modal of focuses and delMory of high quality, spot offers ve, and acewdblt care..tufo the ovish. America§ Hough Contare newsav9 ovor2S million IhdlAduala In 9,000 cotmmllNllea in
IS United Status Including the D18oct alCalumbin Puerto Rlm,US,Vl Oinlslandsand G,Itrrt TblS....Slh.sc.In Itdfpbhdflafi Amada'. Hoollh Congo. The Key to financier G parunitlos,'
Event/Purpose;
As part the Wc.u.n, Wlabrepary AhaMedwill be bidding an Olen Heads In aur Septa And. Man dlnlc(located at 1400 N. Main St Santa Ane, GA 92701) fron12 pra to 5 pin oft Thuradfy, '
1
I August 17th. This oventwlll to stand to the public and llTaSM fee tooth teachings, nation and plans, and healta peace "In mal.'rWe tad infmmetlon.
Provide free health screenings to the Santa Ana community, provide information about the health and
'Community Benefit:
wellness services AltaMed offers to the community, and encourage and motivate Santa Ana residents to
engage in healthy activities as well as healthy eating.
;Applicant Signeturo:....
/
Date: '. 7117
r • ^ m
s
(Mail. City Manager's Office -M-31 Email: donationrequest@santa-ana.org
20 Civic Center Pima Fax: (714) 647.6954
J P.O. Box 1988
Santa Ana, CA 92702
Donatlon Request 4:
DF¢ -
Council Mi76tlnCq Date: AUGUST I, 20I %
Eligibility Met:
YES i Ado YES Approved Annotmt: $500
City Manager Signature:
Date:
Revised 01/05/2017
29A-12
City of Santa Ana
Donation Request
Woo
City Manager's Office– M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647-5200
President/Chair
Melrose: 12234 North Pacific Avenue
Cit, state, zip: Santa Ana, CA 92706 Phone: F714 -8i5-8925
by@yahoo.com
Name: jArtesia Pilar Neighborhood Association (APNA)/Charitable—Ventures of Orange County
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as
oiecB t pne;
Iefined under Section 501(c)(3) of the Internal Revenue Code?
Yes No
®
If Na, you will only qualify fore crack for City -related costs for your request (i.e. permit fees,
If Yes
;tall time,. rental rates for facilities or equipment, etc.). Costs for Ctty servicas vary and if
208756660
ipproved, credit may or may not cover full cost of requested City services.
4 ax ID #:
Services Credit
unt Requested;
ct Payment Amount
(Event Location:
(Address, CiV State, Zip
ption of
I Purpose:
Benefit:
Needed: I. kw
1,000 jEvent oate: 1 12/30/17 (Event Time:
10 AM to 5:OOPM
EI Salvador Park & Recreation Center 1825 W Civic Center or; Santa Ana, California 92703
w,xnom
Community involvement of youth and residents that builds strong healthy
communities thrive.
{Applicant Signature,
I
Po. x.1-1
Reftirr�cnni iete'd r�i but -- �r.
Mali: City Manager's offico–M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Donation Request #: DR_
Eligibility Met:
City Manager Signature;
Email: donationrequest@santa-ana.org
Fax: (714)647-6984
j Council Meeting Date-
? Approved Amount:
Date:
EXHIBIT 10
29A-13
�\Uct .1( 201
Revised 11116/2015
Mar 291701:48p
714.265-2071 p.3
,
City of Santa Ana Ciy49anagers orrice-7yrsa
L��-I�,111`� Donation Request 20 Chit Center prare
'..; kti .,
--- P, O. Bax 9888
Banta Ana, CA 92702
(714) 647.5200
,Name: ---
,Felipe Guerrero
11(le President,
Address; 204 N. Susan Street _ — — --- Pity, State, Zipsl9 antaA@ ,Calif. 92703 71
—i
Phone: ,4-265.207T
!.cam __..._._.-.__,_._ -- ---65--...___.--
I
(Email: odfnano as
apt Status; Is your organization a non-pmflt or pu61rc tax-exempt organixappn as
lder Section 501(c)(3) of the Intemal Revenue Code?
`viii only querfry ror a credit for City-roiated posts for your request its pemrif fees,
fonfa! rates for faculh'as w equipment, Oft). for Cily servkes vary and ff
credit may ormay not cover full cost of requested City services,
!Direct Pa
yment AmounC
Requested: Event Date "August
';Event Location: ;Santa Anita Park
Address. Cily, stare. 7Jp
25,291Evens Time: '6.3f) PM
Movie Night Event Intended to bring the Community together and provide a tun
j Description of
Event/Purpose: !!night of Eneertainment.
community BeneFl4 will be our sec !
Neighbors come out of their homes and get to know each other better, this Event
and annual. Our Event last year was very successful and attracted
several hundred participants. !
ppicant.Sig
.. ...._' -.
A I Srgnatur.... .__..._._ _.._. ..
_.—._..._.-'— . .._ -_Date 1 1 t
-
'Mail: City Manager's Office -M31
� Email: donationroquast@santaana
29 Civic Cantor Plaza
org
P.A. Box 1989
Fax; (774) 647-6954
_
Santa Ana, CA 92792
Donztlen R"uost fi: DR.
Caulict Meeting Date
y
--
,.Iigin7IIRY Met: YES NO
\'
ll
Approved Amount:
.1
City Manager Signature:-
'
..
Pate:
Revised 01/05/2017
C)
City Manager's Office - M-31
...,,,,+ City of Santa Ana 20 Civic Center Plaza
] r' Donation Request P.O. Box 1988
u, ' Santa Ana, CA 92702
(714) 647.5200
Name: Felipe Guerrero
Address: 1204 N. Susan Street
_ _.__
'City, state, zip: Santa Ana, CA 92703
Email: 1 godfnano@aol.com
Title: President
Phone: 714-265-2071
I
'Fax:
Name: (Santa Anita Neighborhood Association
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as select One:�
!defined under Section 501(c)(3) of the Internal Revenue Code? i I Yes V I No
l�
1 If No, you will only qualify for a credit for City -related costs for your request (1. e. permit fees, - - - -
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if
!if Yes,
approved, credit may or may not cover full cost of requested City services. iTax ID #: i
i
lCdy, Services Credit $ 500 !Date Needed (08/15/2017 EMayor/Councilmember Vlllegas
Amount Requested:
(Direct Payment Amount i$ Event Date. 109/16/2017 Event Time: 9am-1 1 a
1,Requested:
'Event Location. Cesar Chavez Campesino Park 3311 W. 5th Street, Santa Ana, CA 92703
'Address, City, State, Zip
F..__ ..._
(Description of ;Graffiti Paint Out and Community Clean -Up at Campesino Park and surrounding
Event I Purpose: 1 neighborhood.
I i
Approximately 50 volunteers will work together on 9/16/17 to paint out graffiti and clean the community
Community Benefit: Inear Campesino Park to show community pride. The City service credit will cover the cost of materials.
'Applicant Signature; Milne que17 aU, !Date; ; 07/1 420 1 7
Mail: City Manager's Office - M-31 Email: donationrequest@santa-ana.org j
1 20 Civic Center Plaza 'I Fax: (714) 647-6954
P.O. Box 1988
1 Santa Ana, CA 92702
Donation Re quest 4: OR-, AUGUST 1, 2017
i +tae ear+:e7� r.rt ni ,etatatl Df"S'n
Council Meeting Date:
i
Eligibility Met: YES /NO YES ',, Approved Amount: $500'I
I City Manager Signature: onto:
Revised 01 /05/2017
cI% taf5an#a Ana City Manager's office- M-31
-' 26 Civic Center Plaza
Donation Request P.O. sox fsea
Santa Ana, CA 92702
(714) 647.5200
!Lee de Leon
fora:
Address: '2501 W. 5th Street
rty, state, zip: I Santa Ana, CA 92703..!Phone: i 714-543-3711
Emau: Ilee@tccdc.org,Pax:.- .�.:�714-543-2399
77-0601589
�Wa
,fid, �� �IOata Noedad: 10$/20(2017 aynrlCouneilmemgne; � SlnaJgm s
Amount
1112,000 Eventuate: 19/23/2017 Pvantrime; 7; jQ ip-1:(j(jprp
Location:
t Cily. State. Ap
Anita Park and Community Center 300 S. Figueroa Street, Santa Ana, CA 92703
oasnripdon of ,The Love Santa Ana Initiative Is a program of Templo Calvarlo CDC that focuses on mobilizing
Evsntt Puipoas: "community to work together to beautify the area, bring hope and transformation to some of the
most challenged areas of the city.
iHundreds of volunteers will come together at Santa Anita park and Community Center on 8/23/1.7 to do
,Community Benoth: ivarious.beau6rication projects. Neighborhood clean-up and painting wilt bring pride to the community
Marl: city Manager's Office -M41 small: donatronrequo,
20 Civic Center Plaza Call:
(714) 647.6964
P.O. Box Igoe
Santa Ana, CA 92702
Revised 01t05t2017
29A-16
CITY OF SANTA ANA
DONATION AGREEMENT WITH
ORGANIZATION OR NEIGHBORHOOD ASSOCIATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on AUGUST 14, 2017 by and
between the City of Santa Ana, a municipal corporation ("City") and ORGANIZATION OR
NEIGHBORHOOD ASSOCIATION, 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 PROMOTING, DELIVERING, HOSTING XYZ PROJECT, PROGRAM,
EVENT, ETC ("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 ,
believes there is a public purpose in supporting the Community Benefit because it will THE
FOLLOWING ACCESS OR RESOURCES FOR THE COMMUNITY ON SUCH
DATE/TIME AND LOCATION. 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
DOLLARS ($000), because the City has determined that there is a public purpose to be
served in supporting the Community Benefit. In executing this Agreement and receiving the funds,
Recipient agrees to use the funds only for the purpose described and subject to the terms and
conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or
otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this
Agreement and demand the return of the funds pursuant to Section 3.2 below.
3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first
above written and remain in effect unless and until terminated by the City. The City has the right to
terminate this Agreement upon one day's notice, with or without cause. Should the City terminate
this Agreement, it shall also have the right to demand the immediate return of all 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.
3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the
City determines that the funds will be used for a purpose which may cause a significant risk of
injury, the City may, in its sole discretion, require Recipient to provide certain insurance and
EXHIBIT 14
29A-17
CITY OR SANTA ANA
DONATION AGREEMENT
Page 2 of 3
participant waiver/release protections. This right shall be on-going and may be implemented by the
City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts
and with provisions acceptable to City.
3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as
City establishing or providing oversight, control or approval of the Community Benefit or any
activities conducted by the Recipient.
3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient
shall assume all risks associated with the Community Benefit, including, but not limited to, the
possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend,
indemnify and hold City and its officials, officers, employees, agents and volunteers free and
harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any and all acts, omissions, 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 execute, deliver and perform this Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right and authority to make this
Agreement bind each respective Party.
EXHIBIT 14
29A-18
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 3
RECOMMENDED FOR APPROVAL CITY OF SANTA ANA
Robert C. Cortez By:
Deputy City Manager Cynthia Kurtz
City Manager's Office Interim City Manager
Attest
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
By:
Name of Attorney
City Attorney
ORGANIZATION OR NEIGHBORHOOD
ASSOCIATION
a 501(c)3 NON-PROFIT ORGANIZATION
By:
S ignature
Name
Title
EXHIBIT 14
29A-19
29A-20
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
RESOLUTION SUPPORTING THE
CALIFORNIA WATERFIX AND
CALIFORNIA ECORESTORE PROJECTS
(STRATEGIC PLAN NO. 5,2)
6
CIT ANAGER
1a*9191IT, 1Trg�
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 151 Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
DC7
Adopt a resolution in support of the California WaterFix and California EcoRestore projects.
DISCUSSION
As a critical source of water supply, the California Bay Delta (the Delta), where the Sacramento
and San Joaquin Rivers converge, provides approximately 30 percent of Southern California's
water supply annually.
In partnership with the Municipal Water District of Orange County (MWDOC), the City of Santa
Ana participated in the recent Orange County Water Reliability Study (Study) evaluating
scenarios and projects that enhance or sustain water supplies to the region. Modeling shows the
California WaterFix, as currently proposed, represents the most cost-effective, large-scale
reliability solution to improving Orange County's water supply reliability over the next 25 years.
The supply analyses in the Study assumed that the California WaterFix results in "recovery"
(prevents the future loss) of historical supplies in the amount of 440,000 acre-feet per year on
average. As a reference, Santa Ana Water Resources Division distributed just over 33,000 acre-
feet in all of fiscal year 2016-2017; one thirteenth the annual volume anticipated from this project.
The project cost is estimated to be $14.9 billion dollars, or about $5 a month for urban water
users. This is an early estimate and may not be reflective of the actual cost to the consumer.
In December 2016, MWDOC Directors passed a resolution of support for the California WaterFix,
which is approaching the final stages of permitting and environmental review (EIR/EIS and
Record of Decision). The recommendation of Plan 4a, the WaterFix, is the result of the more
than 100 alternatives which were considered during a 10 -year study period that drew 30,000
public comments. At this time, it is essential to raise the profile and level of support for the
WaterFix and EcoRestore programs.
55A-1
Resolution supporting the California WaterFix and California EcoRestore projects
August 1, 2017
Page 2
The California WaterFix involves construction and design of three new water intakes north of the
Delta and two, 32 -mile, 9,000 cubic feet per second volume capacity underground tunnels that
will provide operational pumping flexibility and protect against water supply disruption. However,
much remains to be determined, especially with respect to the financing, regulatory certainty and
operating criteria for the project.
In addition to water management and quality benefits, a large and growing consensus
understands that the Delta is in an unsustainable position and needs to be "fixed" to
accommodate the many competing interests for the future, especially with regard to ensuring the
area is a sustainable ecosystem. The status quo is yielding a continuing degradation of the Delta
systems, levee integrity, and water supply reliability. The companion initiative to the California
WaterFix is EcoRestore, which seeks to achieve the State's co -equal goal of habitat restoration
and reliability of supplies. EcoRestore is initially charged with 30,000 acres of restoration efforts
under an accelerated effort by 2020 to improve habitat conditions for fisheries migration, restore
tidal and non -tidal wetland habitats for native wildlife, and improve connectivity among existing
grassland and other natural habitats.
Based on these proposed improvements in system conveyance and habitat restoration, staff
recommends the City Council adopt the attached resolution in support of the California WaterFix
and California EcoRestore and Preferred Alternative (No. 4A) as described in the environmental
documents, with reasonable adherence to the current public operating criteria and cost allocation
principles and assumptions.
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).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
P,--,
If i A , I,
Freo MIOUSAbAr
Executive Director
Public Works Agency
FM/NS
Exhibits: 1. Resolution
2. Metropolitan Water District (MET) White Paper #1
55A-2
jmf 7111117
RESOLUTION NO. 2017 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA IN SUPPORT OF THE CALIFORNIA WATERFIX
AND CALIFORNIA ECORESTORE PROJECTS
WHEREAS, the California Delta, formed by the confluence of the Sacramento
and San Joaquin Rivers as they come together and flow into San Francisco Bay, is a
major water hub for California's water supply system for the majority of the State,
including 30 percent of the supplies for Southern California, and therefore underpins
the overall economy of California; and
WHEREAS, the Delta historically was a complex and dynamic natural system
driven by tidal fluctuations and natural marsh flooding that has been highly altered
over the last 100 years, with many of the levees and islands reclaimed from former
marshlands for development or farming. The Delta was never intended to be a water
conveyance facility. The scientific consensus is that the Delta is not sustainable as it
exists today and that changes must be made to stabilize conditions; and
WHEREAS, voters approved the State Water Project (SWP) about 55 years
ago, yet it was never completed as envisioned to include an independent conveyance
facility that would allow increased capture and storage of water during periods of high
flows and would also minimize conflicts with fisheries; and
WHEREAS, as the result of federal court decisions, U.S. Fish & Wildlife Service
and National Marine Fisheries Service Biological Opinions, as well as other regulatory
constraints to protect native species in the Delta, the SWP has not been able to collect,
store, and deliver an estimated volume of 3.6 million acre-feet of water since 2008;
and
WHEREAS, Governor Brown's California WaterFix and California EcoRestore
proposal provides a framework of how best to approach managing the Delta's
combined water and land resources in a manner that will realistically achieve
improvements in both water supply reliability and ecosystem protection for the Delta
as an evolving place by balancing the many competing demands; and
WHEREAS, the California WaterFix and EcoRestore proposal will help with
water supply reliability by improving essential ecosystem functions so that populations
of endangered or threatened aquatic species will be strengthened; and
WHEREAS, the California EcoRestore will pursue more than 30,000 acres of
critical Delta restoration over the next five years, including the improvements of habitat
condgtions for fisheries migration, restoring tidal and non -tidal wetland habitat for
native wildlife, and improving connectivity among existing grassland and other natural
habitats; and
55A-3 Resolution No. 2017 -XXX
Page 1 of 3
-ZLIND IM
WHEREAS, the California WaterFix includes construction of three intakes north
of the Delta, two 35 -mile tunnels up to 150 feet below the Delta, and Clifton Court
forebay modifications, all of which will provide operational pumping flexibility and
protect against water supply disruption due to sea -level rise, earthquakes, and flood
events; and
WHEREAS, improving the SWP system can increase regional storage reserve
levels. These storage reserves are used to protect the region from devastating effects
of drought and other emergencies, The California WaterFix will help ensure that
Orange County will have sufficient supplies at critical times when needed; and
WHEREAS, the 2016 Orange County Water Reliability Study revealed a
number of important findings with implications for the county's water reliability,
including that projected water shortages would be too frequent and overall reliability
would not be sustainable by as early as 2030 without new supply and system
investments by the Metropolitan Water District of Southern California, its member
agencies, and Orange County; and
WHEREAS, Orange County should strongly advocate for the Implementation
of the California WaterFix and EcoRestore, as it represents the most cost-effective
large-scale reliability solution to improve regional water supply reliability for all of
Southern California. The Orange County water reliability supply analyses assumes
the California WaterFix results in "recovery" of historical supplies in the amount of
approximately 440,000 acre-feet per year on average and notes that adjustments to
the project costs or supply development could result in changes to this
recommendation; and
WHEREAS, Orange County ratepayers have invested millions of dollars to
build and maintain the SWP as well as portions of Metropolitan's regional storage,
distribution, and treatment systems that take delivery of SWP supplies. Modernizing
the system through the California WaterFix will protect this investment for decades to
come; and
WHEREAS, moving forward with the California WaterFix will not be an
inexpensive endeavor; however, it is the most cost-effective investment of the
ratepayers' dollars to maintain and continue our economic vitality for the region.
Furthermore, all of the costs for California WaterFix will be paid for exclusively by
water agencies benefiting from the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Santa Ana as follows:
Section 1. The City of Santa Ana does hereby support the California
EcoRestore and California WaterFix Preferred Alternative (No.4A) as described in the
Resolution No. 2017 -XXX 55A-4
Page 2 of a
EXHIBIT 1
jmf 7/11/17
respective environmental documents with reasonable adherence to the current, public
operating criteria and cost allocation principles and assumptions.
Section 2. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote
adopting this Resolution.
ADOPTED this _ day of
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_ 014
- a
ohn M. Funk
Assistant City Attorney
AYES: Councilmembers
NOES
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
2017.
Miguel A. 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. 2017 -XXX to be the original resolution adopted by the City Council of
the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
55A-5
EXHIBIT 1
Resolution No. 2017 -XXX
Page 3 of 3
y
Modernizing and improving California's water system is essential for the reliable delivery of water supplies to much of the state.
About 30 percent of the water that flows out of taps in Southern California homes and businesses comes from Northern California
watersheds and flows through the Sacramento -San Joaquin Delta. But the Delta's declining ecosystem and 1,100 miles of levees
are increasingly vulnerable to earthquakes, flooding, saltwater intrusion, climate change and further environmental degradation.
California Water% is the product of more than a decade of review, planning, and rigorous scientific and environmental analysis
by water experts, engineers and conservationists, as well as unprecedented public comment. The proposed project will improve
the security of our water system by fixing aging infrastructure and constructing new, skate -of -the art facilities using innovative
technologies and engineering practices. Significant planning work for the design and construction of the project has been
performed by the state, water agencies, and construction and engineering firms, which have determined the projectis buildable.
Details of the project features, actions to address public comment, risk management, schedule projection and cost estimates are
addressed in a new white paper and summarized below..
An extensive planning process evaluated
various alignments, facility configurations
and system options.
• The system would be capable of diverting
up to 9,000 cubic feet -per -second from the
Sacramento River and capturing additional wet
period water supplies after all environmental
flow and water quality criteria are met.
Proposed construction plans, including the
use of dual 40 -foot diameter tunnels, is well
within common practices in the engineering
construction industry and will provide
operational redundancy.
('g1 CALIFORNIA
WATER FIX
RELIABLE. CLEAN. WATER.
55A-7
EXHIBIT 2
Specific steps were taken during the design effort to
reduce or eliminate the impact of the new facilities
on the environment and Delta communities. As a
result of input during the environmental planning
process, the following changes were made:
• Reduced size of overall project
•Expanded use of tunnels for conveyance
• Revised tunnel alignment
• Reduced size and location of intermediate forebay
• Reduced pumping requirements
• Reduced construction impacts along Sacramento River
sqa THFMETROGOLITANWATCRDISTRICT
f
OF SOUTHERN CALIFORNIA
„p4
DUAL CONVEYANCE:
A flexible dual intake system will deliver water to state and federal
pumping plants in the south Delta. New intakes farther upstream
will reduce overall adverse environmental impacts on the Delta and
provide higher quality water to water contractors' service areas.
MODERNIZED FACILITIES:
The existing system will be modernized with new facilities, equipment
and technologies, State-of-the-art fish screens and intake structures
will reduce harm to fish.
OPERATIONAL. FLEXIBILITY:
The new intake facilities will work in conjunction with the existing
south Delta intake system, delivering water from just one system or
both, depending on fishery and water quality conditions. Dual intakes
will provide greater flexibility to protect fish when they are present.
OPERATIONAL EFFICIENCY:
Gravity -fed tunnels will move water more naturally and efficiently.
This will simplify overall operations and reduce long-term system and
maintenance costs.
MAXIMIZES THE USE OF PUBLIC LANDS:
The project alignment uses more public lands, reducing the impact to
private property and agriculture.
REDUCED ENVIRONMENTAL FOOTPRINT:
The proposed water facilities and operations have a greatly reduced
project footprint compared to earlier proposals. This will reduce
community impacts.
OTHER ENVIRONMENTAL CONSIDERATIONS:
The plan allows for a more natural flow direction in the Delta during
critical fish protection periods and increases water supply reliability with
greater flexibility to divert water in ways that protect sensitive fish species
WATER SUPPLY RELIABILITY:
A modernized system can more reliably capture water from peak storms
and flood flows to refill reservoirs and replenish groundwater basins.
EMERGENCY PREPAREDNESS:
A modernized system will ensure that water is available for drought and
emergency needs and help protect supplies from earthquakes or other
natural disasters that could disrupt the current system.
CALIFORNIA
(.�; WATER FIX
`✓ RELIABLE. CLEAN. WATER.
Q ( d 2
�. 3 3
1— — .--- a----------- —;..
F
_------..-..----------
-----------------
55A-8
n THE METROPOLITAN WATER DISTRICT
EXHIBIT 2 OFSOUTHERN CALIFORNIA
Tunnels: Extensive work and surveys to identify
best practices of large tunnel projects with similar
design, construction and project management
confirmed that the proposed California WaterFix
tunnel boring machines are well within the
existing industry knowledge and experience.
Leakage: The lining system will be designed
to withstand the maximum internal pressure
calculated for the conveyance system, resulting
in negligible leakage.
Ground Vibration: Tunnels will be constructed
at. Least 100 feet below ground. Material over the
tunnels will dampen and absorb any energy
generated during tunneling activities.
.Surface Settlement: The project will use
geotechnical information, monitoring and
structure projection methods to mitigate the
risk of settlement effects and structural damage.
Seismic Mitigation: Because the proposed
tunnel alignment does not cross any major fault
rupture or creep zones, the deep tunnels will
not be subject to liquefaction potential. The.
tunnel design uses precast segmental lining
systems which have been successfully used in
seismically active areas around the world.
Geotechnical Considerations and
Mitigations: At proposed tunnel depths, dense
.layers of silts, sands and clays are anticipated.
This material will be suitable for the planned
tunneling activities.
Flood Protection: Facilities will be engineered
and designed to withstand water level rise resulting
from both a200 -year storm event and from sea
Level rise of 18 inches in the Delta.
The Department of Water Resources is working with the State Water
Contractors to resolve the final details of how the construction of
California WaterFix will be managed to guarantee the project's safety
and construction integrity and to ensure the project is delivered on
time, on budget and in accordance with approved specifications,
white managing risk prudently.
Cost estimates were determined through a rigorous analysis by
industry professionals and will be updated as additional information
becomes available.
Program management, construction management $ 1.91 B
and engineering -
Tunnels/shafts construction
Remaining construction
Contingency (-36% for tunnel/shafts and $ 3.38 B
remaining construction)
Land acquisition (includes 20% contingency) $ 0.15 B
r so
Program Estimate in 2014 Dollars
*Significant additional fishery habitat restoration will occur through California
EcoRestore http://resources.ca.govlecorestorel
wwww CALIFORNIA. 55A-9 A e
�t/ / ♦ \ A 1 AT E P'1 F I V z i+ THE METROPOLITAN WATER DISTRICT
r`a+21 MMF19 GFC W /\ EXHIBIT 2 � ' �.,',. OF SOUTHERN CALIFORNIA
REIJA6LE. CLF.FlDI. WATER. GAII ��
R
Permits ----
Leadership Staf
RFO Process
DESIGN ---- - --
Land Acquisit
Utilities and �
Pumping Plar
Intakes ---
Tunnels ----
Clifton Court
Intermediate
CONSTRUCTIOP
Utilities and S
Tunnel ...............
Clifton Court
Intakes---
Intermediate
Pumping Plar
COMMISSIONI
The current schedule estimates it will take 12 to 15 months to fully staff the
project, up to four years to complete the design phase and approximately
13 years to complete construction.
California WaterFix -Program Summary Schedule
Note: Years shown next to bars indicate task duration
0 2 4 6 8 10 12 14 16 18
Years from project start
*_11
CALIFORNIA 55A-10WATER F 1 XFORNIA
THE MET OFSOUTHERN ALI WATER DISTRICT
PELIAaLE CLEAN wnTc2 EXHIBIT 2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
ADOPT A RESOLUTION SUPPORTING
DEVELOPMENT AND GROWTH OF
WORKER COOPERATIVES IN
SANTA ANA
Y MANAG
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑
As Amended
❑
Ordinance on 18` Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt a resolution supporting the development and growth of worker cooperatives in the City
of Santa Ana.
2. Direct staff to evaluate and provide recommendations on how the City can incentivize and
assist in enabling the formation of worker cooperatives.
DISCUSSION
Worker cooperatives are businesses owned and operated solely by its workers. These
businesses provide local goods and services, stable jobs for residents, and offer new economic
opportunities for lower income workers in the City. A worker cooperative is different from a
typical business structure in that the profits are shared amongst the owners and each worker has
an equal vote in the direction and actions of the business.
There exist several barriers to the development of worker cooperatives which include: lack of
public awareness of its benefits; limited technical support in forming, operating, or converting
existing businesses to a worker cooperative; difficulties obtaining financing for cooperative
formation or conversion; and high startup costs (permit fees, license fees, lease rates) that many
small businesses experience in California.
Municipalities such as Oakland, Berkeley, and Austin have approved resolutions supporting the
development of worker cooperatives in their respective cities. As local municipalities look for new
and strategic forms of community economic development efforts, Santa Ana has the opportunity
to be a leader in Orange County to support and reduce barriers for the development and future of
a cooperative economy in the City.
5513-1
Resolution Supporting Development and Growth of Worker Cooperatives
August 1, 2017
Page 2
According to ESRI data, Santa Ana's current median income is $54,640 in comparison to Orange
County's median income of $81,194. Lower wage workers typically cannot afford to quit their
jobs and become small business entrepreneurs, but could become co-owners through a
cooperative conversion. Worker cooperatives enable workers in the community to gain important
business and leadership skills and assists individuals with significant barriers to employment. By
promoting and supporting Worker cooperatives, Santa Ana is creating a key job retention
strategy for local community wealth building.
Many business owners do not have succession plans and communities should be prepared for
the impending retirement of these businesses. Many times, these businesses close or relocate
out of the area impacting the local residents that work there. By supporting the development of
worker cooperatives, these businesses can take advantage of a new business structure that
enables the workers to become owners and keep their jobs and the business in the City.
At the May 15th Economic Development, Infrastructure, Budget and Technology Council
Committee meeting, the Committee introduced the concept of a worker cooperative and
recommended staff to research and meet with local stakeholders. City staff is currently working
with local stakeholders, like Santa Ana Building Healthy Communities, who are actively engaging
and incubating local worker cooperatives in the City. Their focus is on addressing local issues
such as food insecurity, wage inequality, and other positive health outcomes for Santa Ana's
residents.
Upon City Council approval of the Resolution, staff will continue to collaborate with local
organizations in evaluating and developing recommendations on how the City can incentivize and
support the formation of local worker cooperatives. Evaluating the City's procurement policy,
license and fee structure, and the Community Development Block Grant (CDBG) small business
grant program are some of the elements that will be discussed with the local stakeholders.
Recommendations will be provided for City Council consideration.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 Economic Development,
Objective #1, (Implement a comprehensive Economic Development strategy to ensure that
Santa Ana is a City with a vibrant business climate that is accessible, user-friendly and
welcoming to all residents and visitors), Objective #5, Strategy C (Develop a knowledge base to
foster economic development by actively partnering with non-profit organizations).
FISCAL IMPACT
There is no fiscal impact associated with this action.
55B-2
Resolution Supporting Development and Growth of Worker Cooperatives
August 1, 2017
Page 3
Robert Cortez
Acting Executive Director
Community Development Agency
Exhibits: 1. Resolution
55B-3
ROH: 08/01/17
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SUPPORTING DEVELOPMENT AND
GROWTH OF WORKER COOPERATIVES IN SANTA ANA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City of Santa Ana has the desire to become the first City in Orange
County to support small business development through local Worker
Cooperatives.
B. Small businesses are the foundation of the City and the City's well-being
is inextricably linked to a strong business environment.
C. Community economic development is a goal and a priority for the City and
the City will work aggressively to encourage businesses to grow and
prosper that provide living -wage jobs, reduce unemployment, and improve
the quality of life for its residents.
D. A Worker Cooperative is a business owned and operated solely by its
workers.
E. Worker Cooperatives provide local goods and services, stable jobs, and
economic opportunities for lower income workers.
F. Worker Cooperatives build local leadership and business skills and assists
individuals with significant barriers to employment.
G. Worker Cooperatives keep wealth and jobs local and positively impacts
those affected by local inequities.
H. The City needs to recognize and prepare for the impending retirement of
many business owners that do not have succession plans and without
these succession plans could close, sell and relocate out of the
community.
Conversions to Worker Cooperatives is a strategy to help anchor
businesses in the community, preserve jobs, and create local wealth.
Resolution No. 2017-
55B-4
J. Community organizations, such as Santa Ana Building Healthy
Communities, are currently engaging and incubating local Worker
Cooperatives with a focus on addressing local issues like food insecurity,
wage inequality, and other positive health outcomes for residents.
Section 2. Recognizing the importance of supporting local Worker
Cooperatives, the City Council directs staff to review city procurement policies and
provide recommendations to include incentives for local Worker Cooperatives.
Section 3. Recognizing that local Worker Cooperatives, like all small
businesses, require economic incentives for long term successful outcomes, the City
Council directs staff to review the business license fee structure to consider reduced
rates for Worker Cooperatives.
Section 4. Recognizing that local Worker Cooperatives do not have the same
access to financial support as other small businesses, the City Council directs staff to
review the Community Development Block Grant Micro -enterprise Small Business
Incentive Program and provide recommendations to include funding for Worker
Cooperatives.
Section 5. Recognizing that community support and participation is the key
ingredient to successful community economic development, the City Council directs
staff to work collaboratively with local community stakeholders to develop
recommendations for the possible development of a local Worker Cooperative business
ordinance.
Section 6. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
Resolution No. 2017-
55B-5
ADOPTED this day of mm, 2017.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Atto" ey
im
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. 2017-,y to be the original resolution adopted by the City
Council of the City of Santa Ana on August 1, 2017.
Date:
Clerk of the Council
City of Santa Ana
55B-6
Resolution No. 2017-
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
UPDATE ON SANTA ANA JAIL REUSE
STUDY AND DISCUSSION ON
PRIORITIZATION FOR REUSE OPTIONS
(STRATEGIC PLAN NO. 1, 5)
CIT)G-4ANAGER
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
51 gHNNART"d:7
Receive update on the Santa Ana Jail Reuse Study and discussion on prioritization for reuse
options.
DISCUSSION
On April 4, 2017, the City Council awarded a contract to Vanir Construction Management Inc.
(Vanir), for the purpose of completing a Jail Reuse Study for the Santa Ana Jail. This study
includes a jail facility condition assessment and an evaluation of options for the future use of the
jail. These options include the feasibility to continue operating the facility as a jail, a modified jail
operation, or exploration of alternative uses.
Staff has worked with Vanir to complete the jail facility conditions assessment. An executive
summary of this report (Exhibit 1) provides the condition findings. This executive summary
provides a baseline conditions assessment which gives the City an understanding of how the jail
rates compared to other similar facilities and also provides an assessment of the mechanical and
physical components of the jail. The study identifies deficiencies in the jail's plumbing system.
Staff has proposed corrective replacement of the plumbing for the City Council's consideration.
On July 13, 2017, the City amended the scope of work and compensation with Vanir to allow for
additional input and direction from the City Council and input from the public at the August 1,
2017 meeting.
Following the discussion and input from the City Council, the consultant will complete the Jail
Reuse Study which includes: detailed description of options, other contracting out options, fiscal
analysis, and consultant recommendations. A matrix has been developed to assist in evaluating
the various reuse option scenarios.
65A-1
Santa Ana Jail Reuse Study Update
August 1, 2017
Page 2
The City has received interest for temporary bed space from the US Marshal's, for a period of two
years. This proposal would provide the City with additional time to evaluate the long term strategy
for the jail and the reuse options. The consultants will take this proposal into consideration as it
finalizes the study.
STRATEGIC PLAN ALIGNMENT
This item supports the City's efforts to meet Goal #1- Community Safety and Objective #5,
Provide high quality Police and Fire/Emergency Medical Services response within the City of
Santa Ana.
FISCAL IMPACT
There is no fiscal impact associated with this item.
Exhibit 1: Santa Ana Jail Facility Condition Assessment & Evaluation (Executive Summary)
65A-2
Handout
Executive Summary
Facility Condition Assessment & Evaluation.
Solutions for Success
August 1, 2017
Prepared by: Vanir Inc.
Headquarters: 4540 Duckhorn Drive, Suite 300
Sacramento, CA
3200 Park Center Drive #320
Area Office: Costa Mesa, CA
65A-3
EXECUTIVE SUMMARY: Facility Condition Assessment & Evaluation
Santa Ana Jail Reuse Feasibility Study and Plan
The City of Santa Ana has operated a local municipal jail since 1997. The jail is located at 60 Civic
Center Plaza in downtown Santa Ana, California. Santa Ana is the County Seat with a city population of
329,427. It is the second largest city in Orange County which is the 111h most populated County in
California. The Santa Ana jail provides custody housing for pretrial and sentenced male/female inmates.
The jail is operated as a Type II adult detention facility which mainly houses detained individuals held on
State and/or Federal charges. The facility is connected via an underground tunnel to the adjacent Santa
Ana County -owned Central Jail.
Aerial View. Santa Ana City Jail, 60 Civic Center Plaza, Santa Ana, CA
The Board of State and Community Corrections (BSCC) has established a Board -rated housing capacity
for the facility of 480 inmates based upon applicable California 1994 Title 24 physical plant minimum jail
inspections standards. The facility does have a total maximum physical detention bed capacity for 512
incarcerated inmates. The BSCC rates the detention capacity based on the size of the bed and detention
space, number of plumbing fixtures, and the year of the standard that is being applied.
65A-4
The number and types of cells available to house pretrial and sentenced inmates is summarized in the
following Chart.
Number and Type of Inmate Custody Housing Beds
Available in the Santa Ana City Jail
BSCC Rated Maximum Total
Type of Cells Housing BedsHousing Beds
Single Cells 32 32
Double Occupancy Cells 416 448
Dormitories 32 32
Total Custody Beds 480 512
*Board of State and Community Corrections
The City Jail Complex is a full-service, four -level, low-rise adult detention facility containing space for (a)
vehicle sallyport, (b) Intake and release, (c) inmate housing and dayrooms, (d) visiting, (e) medical /
mental health services, (f) inmate programs, (g) food services, (h) laundry, (i) visitor and staff circulation,
Q) Central Control operations, (k) maintenance and storage, (1) outdoor recreation, and (m) jail
administration. The facility can provide a full spectrum of inmate education programs, counseling
services, medical and psychological services.
Inmate housing includes eight new generation podular direct supervision tiered units with dayrooms,
classrooms, medical services area, visiting, and circulation space. One of the housing units is designed
for maximum security classification detainees who must be housed in administrative segregation single
cells.
The total detention system building area contained in the jail's four levels consists of 168,243 square feet
of usable space. Level one contains the largest area in the building, followed by inmate housing space
on levels three and four. The second level contains the smallest area of space where administrative
functions and inmate release processing occurs.
Total Available Building Space Contained
in the Santa. Ana City Jail by Level
1" Level 2"0 Level 3f° Level 0 Level Total
48,772 34;087 43,652 41.,733 168,243.
29.0% 20.3% 25.9% 24.8% 100.0%.
The major functional use spaces located on each level of the jail include:
Level 1: The ground floor of the facility contains the largest block of space in the jail.
The space supports inmate processing functions including (a) vehicle
sallyport, (b) intake / booking processing, (c) food service, (d) laundry, (e)
medical / healthcare, (f) Central Control room, (g) maintenance / storage, (h)
visiting, and (i) general circulation.
Level 2: The administrative support area and public lobby are located on this floor.
Other custody functions which are carried out in this space include (a) inmate
65A-5
release processing area, (b) classrooms / program space, (c) visiting, (d) food
service area, (e) two small dormitory housing units, and (f) holding cells for
inmates scheduled to go to court.
Level 3: The third floor of the jail is primarily dedicated to tiered inmate housing and
dayrooms. Other custody functions adjacent to the housing units include (a)
medical / mental health space, (b) visiting, (c) classrooms and program space,
(d) quasi -outdoor recreation yards, (e) inmate / staff circulation, and (f)
maintenance / mechanical and other utility storage areas.
Level 4: The fourth floor of the jail is also primarily dedicated to tiered inmate housing
and dayrooms. Other custody functions adjacent to the housing units include
(a) medical / mental health space, (b) visiting, (c) classrooms and program
space, (d) quasi -outdoor recreation yards, (e) inmate / staff circulation, and (f)
maintenance / mechanical and other utility storage areas.
The total space associated with the detention facility's key functional use areas which support inmate
booking, housing, food service, and other major operational activities is highlighted in the following Table.
As the data shows, the jail has a combined average of 350.5 square feet per rated inmate custody bed.
An average of total of 312.1 square feet or 89.1% of the building's total area per inmate is indoor space
and 38.4 square feet (10.9%) is devoted to outdoor functions including the vehicle sallyport and quasi -
outdoor inmate recreation yards which are located adjacent to the third and fourth floor of the housing
units.
Santa Ana City Jail
Indoor & Outdoor Functional Use Area
Square Footage Breakdown'
t70)
Building Area Space
Total SF
SF/Bed
Percent
1. Administration
3,427
7.1
2.0%
2. Lobby/Public
2,706
5.6
1.6%
3. Visitation
4,399
9.2
2.6%
4. Central Control
413
0.9
0.2%
5. Main / Storage / Utility
25,409
52.9
15.1%
6. Food Service
7,550
15.7
4.5%
7. Laundry
2,784
5.8
1.7%
8. Intake / Release
20,828
43.4
12.4%
9. Medical / Mental Health / Dental
1,672
3.5
1.0%
10. Inmate Programs
4,833
10.1
2.9%
11. Housing / Dayrooms
58,977
122.9
35.1%
12. Circulation
16,828
35.1
10.0%
Total Indoor Jail Space
149;826
312.1
88.1%
13. Quasi -Outdoor Recreation Yards
7,930
16.5
4.7%
14. Vehicle Sallyport
10,487
21.8
6.2%
Total Outdoor Jail Space
.18,417
38.4
10,9%
Total Jail Functional Use Area Space
168,243
350.5
1K0%
*Based on BSCC rated capacity of 480 beds.
The space breakdown by functional use area shows that nearly half of the space contained in the
detention facility supports inmate intake / release processing functions and detainee housing / dayrooms.
65A-6
Approximately 10.0% of the space in the jail is devoted to inmate, visitor, and custody staff circulation
throughout the building. The jail's remaining space supports Central Control, laundry, visitation,
programming, and other essential services.
The Santa Ana Police Department is responsible for the overall management and daily operations of the
city jail complex. The Police Department's Jail Bureau which is led by an experienced Jail Administrator
oversees two organizational divisions which includes (1) Jail Operations, and (2) Jail Administration and
Support Services. The Jail Operations Division is responsible for providing safe and secure inmate
supervision and custody housing. The Jail Administration and Support Services Division is responsible
for (1) BSCC compliance, (2) inmate housing, (3) vendor contracts, (4) serves as the liaison for the Police
Department's Training Division, (4) administers the budget and special projects, (5) addresses inmate
grievances, (6) determines inmate discipline for rule violations, and (7) coordinates religious services and
educational programs.
Through 2016, the jail was staffed by 124 civilian personnel which included a Jail Administrator and
Police Administration Manager. Other inmate custody supervision and support staff included (a) ten
Correctional Supervisors, (b) 94 Correctional Officers (both full and part-time), (c) four Lead Correctional
Records Specialists, (d) nine Senior Correctional Records Specialists, (e) one part-time Correctional
Records Specialist, and (f) four other support personnel (Security Electronic Technician and clerical
assistants / aides). On a daily basis, the staff assigned to the facility are responsible for carrying out the
following activities:
1. Administration 5. Food Service and Laundry
2. Inmate Classification, Supervision and Security 6. Building Maintenance
3. Court Security and Transportation 7. Inmate Programs and Services
4. Records Maintenance
As the following trend Table shows, for the period 2013-16, the Santa Ana City Jail has processed an
average of 7,134 annual local bookings which represents 595 each month or 20 per day. Nearly 61.7%
of the average annual bookings involve felony detainees and 36.3% are defendants charged with
misdemeanor offenses. The jail also handles a small number of yearly bookings for juveniles (132)
detained by local police agencies prior to their transfer to Juvenile Hall.
Close review of the yearly jail booking trend data also shows the facility has consistently experienced
significant fluctuations in the average number of monthly bookings processed by jail personnel. Over the
four year period between 2013-16, monthly bookings have ranged from a low of 482 to a high of 803.
Juvenile Bookings i Total Jail Bookings
Nbnthly. Monthly I Daily
2013
2,503
34.8%
4,555
63.4%
127
1.8%
7,185
599
502-703 20
2014
2,756
36.1%
4,772
62.5%
112
1.4%
7,640
673
482-803 21
2015
2,662
37.6%
4,304
60.8%
115
1.6%
7,081
590
523-728 19
2016
2,440
36.8%
4,015
60.9%
172
2.6%
6,627
552
468-623 18
%Change
-2.5%
41.9%
35.4%
-7.8%
Yearly Average
-
qn1a-vn18
2.590
36.3%
4.412
61.7%
1,12
2.0%
7.134
595
4aaanA an
Source: Santa Ana Police Department's Jail Bureau
Note: Temporary jail holding facilities can only detain Individuals up to 24 hours. Based on the yearly average number
ofjall intake bookings of 7,134, assuming all detainees are incarcerated for no more than 24 hours, the Santa Ana temporary
Jail holding facility would likely have an average daily population (ADP) of 20 or less male or female Inmates.
65A-7
Analysis of inmate custody days and average daily population (ADP) trends highlighted in the following
Table shows for the period 2013-16, the City Jail has had a total of 136,958 yearly average of inmate
custody days. This has resulted in an average daily inmate population of 375 detainees. An average of
85 of the inmates have been females and 290 have been male detainees. Over this four year recent
period, total inmate custody population in the detention facility has declined 22.1%.
Changes in Total Santa Ana City Jail Inmate Custody Days and
Average Daily Population (ADP) Trends 2013-16
A key part of the Jail Reuse Feasibility Study and Plan included the collection of summary information
about the detention facility's physical plant condition and building systems strengths and weaknesses.
The condition assessment focused on factors related to the correctional facility such as (1) configuration
and intended security levels, (2) defined uses of the facility, (3) physical condition of the building
elements, (4) quality of the space, (5) circulation, location adjacencies, and level of privacy, and (6) ability
to achieve intended security and level of safety for staff and inmates as well as compliance with
standards.
The assessment was conducted over several weeks and involved many discussions with Santa Ana Jail
Bureau personnel. The overall goal of the assessment was to obtain a broad-based understanding of the
adequacy of the space and physical arrangement of the correctional facility as well as gather insight into
the overall characteristics, continued use, and alternative uses for the jail. Other profile information
focused on developing detailed data in a number of related areas including the following:
Principal items of information gathered were dimensions, structural design, current
utilization of space and physical condition of the jail's building ; number and size of
cells; availability and size of areas used for programs, services, and jail operations;
history of structural changes, (i.e., additions, remodeling, etc.) also received
attention. Information on physical layout, dimensions, and utilization of the detention
facility was developed by "walk-through," observation, measurement, sketching, and
review of CAD files. Information on history of the facility was obtained directly from
jail personnel.
• Physical Layout of Jail Site: Principal items of information gathered concerned
dimensions, physical characteristics, and utilization of the site on which the jail is
located. Site information was taken from measurements identified in the CAD files.
65A-8
Yearly
-Jail Custody Days
2013
2014
2015
2016
Averaae
Total inmate Custody Days
161,744
138,531
121,496
126,060
136,958.
Average Daily Population (ADP).
Male
355
291
240
274
290
- Female
a8
89 -
93
71
85
Total
443
380
333.
345
375
Note Yearly inmate custody days and
inmate population (ADP) has declined 22.
1 % during
This recent.4 year period
A key part of the Jail Reuse Feasibility Study and Plan included the collection of summary information
about the detention facility's physical plant condition and building systems strengths and weaknesses.
The condition assessment focused on factors related to the correctional facility such as (1) configuration
and intended security levels, (2) defined uses of the facility, (3) physical condition of the building
elements, (4) quality of the space, (5) circulation, location adjacencies, and level of privacy, and (6) ability
to achieve intended security and level of safety for staff and inmates as well as compliance with
standards.
The assessment was conducted over several weeks and involved many discussions with Santa Ana Jail
Bureau personnel. The overall goal of the assessment was to obtain a broad-based understanding of the
adequacy of the space and physical arrangement of the correctional facility as well as gather insight into
the overall characteristics, continued use, and alternative uses for the jail. Other profile information
focused on developing detailed data in a number of related areas including the following:
Principal items of information gathered were dimensions, structural design, current
utilization of space and physical condition of the jail's building ; number and size of
cells; availability and size of areas used for programs, services, and jail operations;
history of structural changes, (i.e., additions, remodeling, etc.) also received
attention. Information on physical layout, dimensions, and utilization of the detention
facility was developed by "walk-through," observation, measurement, sketching, and
review of CAD files. Information on history of the facility was obtained directly from
jail personnel.
• Physical Layout of Jail Site: Principal items of information gathered concerned
dimensions, physical characteristics, and utilization of the site on which the jail is
located. Site information was taken from measurements identified in the CAD files.
65A-8
• Jail Programs. Services. and Procedures: The principal information gathered
concerned the nature of policies governing current programs and services and
conduct of essential jail procedures. Information on all programs, services, and
procedures was gathered through interviews with jail administrators, command staff,
and staff who administer programs.
The facility survey condition assessment process included a review of previous reports, inspections,
maintenance logs, capital expenditures, and various other documents / work products that have
contributed to the current state of the facility. Information regarding the facility's current physical layout,
space dimensions, and functions was obtained through review of architectural drawings and field
observation / measurement. Other major information factors included the following:
Building Characteristics: Principal items of information gathered included the date of
construction of the facility, total square footage, building configuration, construction
type, and the physical arrangement of space. The number and rated bed capacity of
each housing unit, security classifications of living units, and history of structural
changes (i.e., additions, renovations, and remodeling) are also identified. Identifiable
utility, water, sanitary, heating / ventilating / air conditioning (HVAC) and lighting
elements for the building and other information about the institution's fire and life
safety systems (fire sprinklers, fire alarms, smoke detectors) was also collected.
Standard Building and Design Criteria: This review and assessment involved
surveying the correctional facility for: (1) appropriate size and efficiency, expansion,
capabilities, location and adjacencies of functional use areas, (2) systems - HVAC,
plumbing, electrical and lighting, (3) fire and life safety - fire sprinklers, smoke
detectors, alarms and panels, doors, emergency lighting, fire resistive materials,
furniture and equipment, (4) security systems and equipment including structural
security envelope, hardware and equipment, staff sightlines and observation,
sallyports, locking devices, fencing, camera and monitors, and general condition of
security materials, (5) codes and standards including ADA standards, (6)
maintenance — interior / exterior structure, systems, grounds, (7) site - landscaping,
parking, handicapped access, walks, curbs, and drainage, (8) structure - exterior
walls, roof, foundations, windows, doors, overhangs and chimneys, (9) infrastructure
- interior walls, floors, ceilings, finishes, stairs, hand rails, locks, hardware, and flues,
and (10) energy conservation - orientation, glazing, insulation, and shading.
Overall conclusions about the adequacy of the facility and its space provisions incorporated the
evaluator's professional knowledge of standard building and design criteria as well as the systems
needed to support the operation of such a facility. In some instances, discussions with staff and their
opinion of the space and building systems were taken into account when evaluating and developing a
composite rating of a particular space or area.
A significant part of the jail review also included the identification of defined functional use areas (FUAs)
in the correctional facility. The total gross square footage of the facility was calculated. Square footage
space allocation measurements for 14 pre -defined FUAs were developed. These FUAs are categories of
spaces grouped into a "title" that encompasses all of the adjacent related spaces. For instance, "Food
Service" will contain the kitchen, scullery, food storage area, loading dock for kitchen, dining area,
coolers, dry storage, bakery, and janitor's closet in food service only, walk-in coolers, dining room, and
kitchen supervisor's office if in food service area, and toilets rooms if in food service area. Uniform
definitions of the space included in each FUA were applied in the calculation of the space breakdowns. A
comparative space utilization analysis was undertaken as part of the review of the physical characteristics
of each institution. The FUAs considered in the facility evaluation are those generic spaces found in
detention type facilities. The 14 FUAs allow a facility containing numerous differing spaces to be
categorized, compared, averaged, and described. The FUAs reviewed in the City's jail are the following;
(1) Administration, (2) Lobby / Public, (3) Visitation, (4) Central Control, (5) Main/ Storage / Utility, (6)
65A-9
Food Service, (7) Laundry, (8) Intake / Release, (9) Medical / Mental Health / Dental, (10) Inmate
Programs, (11) Housing / Dayrooms, (12) Circulation, (13) Quasi -Outdoor Recreation Yards, and (14)
Vehicle Sallyport. The space measurements and area allocations for the Santa Ana City Jail functional
use areas are shown on the following site plan:
CIVIC CENTER DRIVE
w
d
POLICE
t ADMINISTRATION
rj
>- n r'r�
0� b
HOLDING��
- .FACILITY
N
A +.
CIVIC CENT ER DRIVE.....
i Site Platt..._-_.
OVERALL BUILDING AREA
3427 SF (i) Administration Area 1672 SF (g) MadlcalMontal HealthlDental Care
2766Ica, (2) LabbyiPublic Area 4033 SF (10) Classrooms and Program Space
43995E (a) Visiting 66977 sr- (11) Housing & Dayrooms
413 SF (4) Central Control Room 16928 SF (12) Circulation
25409 SF (6) Maintenance, MEP, Storage 7030 SF (13) Qui si-Outdoor Recreation Yards
700 SF (6) Food Service Area 10487 5F (14) Vehicle Sallyport
2784 SF 17)Laundry
20828SF (8) Intake Processing AreatRelease
The facility condition assessment and evaluation information undertaken in the Jail Reuse Study focused
on a number of specific space and building systems to determine the continued usefulness and
economic viability of the building considering (1) configuration and intended security levels, (2) defined
uses of the facility, (3) physical condition of the building elements, (4) quality of the space and (5) ability
to achieve intended security and level of safety for staff and inmates as well as compliance with
standards.
7
65A-10
The Chart below represents a summary depicting the rating of each functional use area contained in the
facility. The numbers 1 - 14 represent the functional use areas as follows: (1) Administration, (2) Lobby/
Public, (3) Visitation, (4) Central Control, (5) Main / Storage / Utility (6) Food Service, (7) Laundry, (8)
Intake / Release, (9) Medical / Mental Health / Dental, (10) Inmate Programs, (11) Housing / Dayrooms,
(12) Circulation, (13) Quasi -Outdoor Recreation Yards, and (14) Vehicle Sallyport.
Building
Building
Space I
System
Santa Ana City Jail
Condition Quality Evaluation Ratings
Evaluation Ratings/Functional use Area
Systems/ Elements
1
2
3
4
5
6
7
10
11
12
13
14
AVG
Space
1.8
3.0
2.5
1,8
3.0
1.8
3.0
2.8
1.8
3.0
1.8
3.0
2.3
HVAC
2.8
2,8
2.8
2,8
2.8
2.8
2,8
2.8
2.8
2,8
2.8
2.8
2.8
Plumbing
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
L5
Elect/Lighting
2.8
2.8
2.8
2.8
2.8
2.8
2.8
J2.33.0
2.8
2.8
2.8
2.8
2.8
2.8
Noise Control
3.0
2.8
2.8
3.0
2.5
2.5
2.3
30
28
2.5
30
3.0
2.7
Fire Safety
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
2.8
HandicappedlADA
30
3.0
2.8
1.8
1.8
20
1.8
2.5
28
3.0
2.8
3.0
2.5
Structures
3.0
3.0
3.0
3.0
3.0
30
3.0
0
3.0
3.0
2.8
3.0
3.0
3.0
Security3.0
3.030
3.0
3.0
3.0
3.0
0
3.0
2.3
3.0
3.0
3.0
2.9
Total
23.5
24.5
23.8
22.3
1 23.0
22.0
22.8
23.8
1 22.3
24.0
1 22.3
1 24.0
23.3
24.8
23.3
Summary Space/
Systems Rating
2.6
2.7
2.5
2.5
2.6
2.4
2.5
2.6
2.5
2.7
2.5
2.7
2.6
2.8
2.6
Building/ System Rating Scale: 0- Extremely Inadequate, 1- Inadequate; 2- Adequate; 3- Extremely Adequate.
From the evaluation assessment of the space and building systems associated with the Santa Ana Jail,
the overall score is 2.6 which is very adequate for a California detention facility.
Assessments of the current condition of the primary building elements and systems which support the
Santa Ana Jail were also made. Judgments about these systems considered a number of factors
involving the quality of materials, reoccurring failures, inoperability, the ease or difficulty in getting parts or
service, and how quickly a repair or upgrade may have been made. The building systems which were
examined included (a) HVAC, (b) plumbing, (c) lighting, (d) noise control systems, (e) fire and life safety,
(I) security, (g) handicapped access, and (h) structure. The results of the assessment revealed the
following building system strengths and deficiencies:
Building System Strengths:
Building Structure
■ The building is predominately of concrete wall construction which shows no signs of
structural failure or wear requiring maintenance or upkeep. High quality finishes such
as granite, porcelain fixtures, wood doors, and flooring throughout the facility make it
one of the most attractive detention facilities in the state. All the ceilings in secure
areas are very substantial heavy perforated steel mesh.
Security Locks
■ Locking devices throughout the facility appear to be serviceable and suitable for their
intended function. Sliders ran well and appeared to be very well maintained. Manual
locking devices appeared to function as intended and were well maintained.
HVAC
■ The HVAC unit which was inspected is manufactured by York and original to the
building. It is equipped with manual smoke evacuation in the housing units. The
system appears to operate normally. Forty to forty-five HVAC units were replaced
with VFD models two to three years ago with only a few left to be replaced.
65A-11
Fire Alarm
The fire alarm system is EST. It is original to the building and is operating without
issues. The sprinkler heads are original to the building and are functioning as
intended. The manufacturer is unknown.
Electrical
■ The Cutler Hammer electrical system is original to the building. It is operating without
issues.
Security and Electronics
The electronic security system is the first defense in maintaining security of the
facility. In 2016, the City replaced the core security electronics operating component
units of the jail's automated system with new Programmable Logic Controllers
(PLCs). Staff have also been thoroughly trained in the operation and use of the PLC
components. As funding permits, the jail intends to replace other aging original
electronic components and system equipment including (a) touch screens, (b)
original camera, (c) monitors, (d) motorized locks, (e) pneumatic locks (Airteq), (f)
sallyport door locks, and (g) intercoms.
Circulation Paths
■ Circulation inside the facility as well as the tunnel is well maintained and adequate in
most areas.
Public Areas
The Public Area/Lobby of the facility is adequate and meets current needs. The high-
end finishes make for an impressive entry into the second floor of the facility.
Building System Deficiencies:
Handicap Access
ADA standards were just emerging in the mid -nineties, near the time the Santa Ana
City Jail was constructed. It was of the opinion by some that jails were exempt
because of the security requirements. On June 15, 1998, the Supreme Court of the
United States rendered an opinion which prohibits a "public entity" from discriminating
against a "qualified individual with a disability" because of that individual's disability.
Although many accommodations have been designed into the correctional facility,
some items such as signage and restrooms may fall short of the standard.
Healthcare Space
• The medical and mental health treatment areas are severely deficient in space
compared to other medium-sized facilities in California of the comparable age.
Additional treatment rooms and staff areas should be expanded to serve existing and
future inmate population needs.
65A-12
Securitv Svstem Eauioment Uoarades
• The camera system appeared to be serviceable and in generally good condition. The
system consists of equipment from several manufacturers and is, for the most part,
very antiquated other than the Axis cameras are relatively new. There is a
maintenance contract in place with Siemens for the cameras in the facility. The
National Institute of Corrections (NIC) lists four processes fundamental to security:
(1) containment, (2) detection, (3) assessment, and (4) response.
1. Containment - Involves restricting detainees' movements and access in
controlled areas; separating by classification, eliminating escapes and
contraband. This can be accomplished passively with strong construction, locks,
hardware, and materials or actively with qualified staff, technology, and systems.
2. Detection - If "containment" fails (such as the jail) or is compromised, then
detection is necessary. This can be accomplished by personnel or technology
methods, i.e., bed checks/counts, panel trouble lights, line of sight observation,
and cameras, etc.
3. Assessment - After "detection" an assessment or evaluation of the incident or
problem including the urgency needs to occur.
4. Response - After "detection" and "assessment" the response is the action taken
by staff to counteract the problem. This may include triggering alarms, lighting
selected areas, closing gates, and initiating evacuation procedures, calling for
help, or taking action.
• The Santa Ana City Jail is in need of some security system upgrades. Out-of-date
and difficult to use equipment puts an undue hardship on staff. For facilities
minimally staffed, the burden is exponentially exacerbated.
Program Areas
• Current classroom space is inadequate to serve a maximum population. It should be
large enough to provide necessary programs and services from professional
providers and volunteers from the community.
Storage Areas
■ The detention facility generally has adequate storage areas located throughout the
building. However, there is no secure Armory. A storage room is designated to store
disturbance control equipment.
Elevators
■ The facility's elevators were custom built for the original construction. As such,
maintenance issues are a major issue. The maintenance mechanic has done a great
job in keeping them operational. However, with the elevators not being of a major
current manufacturer, parts availability is an ongoing issue.
Inmate Housing / Dayrooms
■ The functionality of the Administrative Segregation (Ad Seg) housing unit is not ideal.
Inmates must be escorted adjacent to, and in full view of, staff computers and the
door control panel. Staff must make sure all screens are closed and the panel is
IG]
65A-13
powered down prior to escorting detainees to their recreation area or other
destinations.
Food Service
■ The detention facility lacks a general population dining room. All meals are delivered
to the individual housing units. The food service preparation area has numerous
pieces of equipment that are either broken or in other stages of disrepair. Items are
repaired as budget allows. The bakery is currently out of service.
Plumbing
■ The building's plumbing pipes are in need of repair and / or replacement.
Vehicle Sallyport
■ The jail's vehicle sallyport is adequate and well maintained. The gate motors should
be repaired or replaced due to intermittent issues.
The condition assessment scoring process highlighted in the following summary Table shows that the
most problematic to the best elements of the facility's building systems include the following:
Santa Ana City Jail Building
Systems Evaluation
Ranked Most Problematic to Best
Functional Use Area.
Rankin
Plumbing
1.5
Space
2.3
Handicapped/ADA
2.5
Noise Control.
2.7
Electrical/Lighting
2.8.
Fire Safety
2.8.
HVAC
2.8
Security
3.0
Structures
3.0
Building/ System Rating Scale: 0 -Extremely Inadequate,
7 - Inadequate; 2 -Adequate; 3 -Extremely Adequate
The analysis shows that the current most problematic system in the building is plumbing. The best
elements scored is the building is the structure because the building is primarily constructed of concrete
and overall security envelope and supporting system which are rated at 3.0.
In order to provide another perspective about the overall adequacy of the size of space and individual
functional use areas designed and constructed into the Santa Ana City Jail detention facility, a sampling
of comparable California jails included in a database developed by the Board of State and Community
Corrections (BSCC) was collected and analyzed. The database contains detailed functional use area
space measurements on 79 jails built during last wave of major state-wide jail construction activity in the
19905.
11
65A-14
The jail database shows that in California, the average square foot of building space per rated for full-
service correctional facilities consisting of primarily double -occupancy cells is 400 square feet per inmate.
The database also shows that adult correctional facilities consisting of primarily dormitories contain
approximately 350 square feet per rated inmate bed.
A sampling of 19 comparable medium-sized correctional facilities that had inmate housing capacity for
300 - 600 custody beds were used for this comparative analysis. As the following data shows, the
average interior gross area for the comparison sample is 349.3 square feet per bed. These correctional
facility facilities were all built in California incorporating the podular design philosophy. Based on the
BSCC rated capacity of 480 inmates, and an interior gross area of 149,826 square feet, the area per bed
of the City Jail is 312.1 square feet which is approximately 11.9% below the BSCC Correctional Facility
Database.
Comparison of Santa Ana City Jail
Defined Space Allocations with Other California Medium Jails
Santa Ana City Jail
CA Medium County Jail Database
Average
Average.
% of Total
Average
Square
% of Total
Sq. Ft.
Square
Square
Sq. Ft.
Comparison
Functional Use Area
Footage
Sq. Ft.
Per Bed
Footage
Footage..
Per Bed
%+/-
1. Administration
3,427
2.0%
7.1
6,371
4.2% 14.4
-101.3%
2. Lobby / Public
2,706
1.6%
5.6
1,979
1.3% 4.7
16.8%
3. Visitation
4,399
2.6%
9.2
4,049
2.7% 11
-20.2%
4. Central Control
413
0.2°/
0.9
508
0.3% 1.4
-66.2%
5. Main / Storage / Utility
25,409
15.1%
52.9
9,576
6.4% 22.2
58.1%
6. Food Service
7,550
4.5%
15.7
10,497
7.0% 26.1
-65.8%
7. Laundry
2,784
1.7%
5.8
1,555
1.0% 3.1
47.1°
8. Intake / Release
20,828
12.4%
43.4
11,250
7.5% 27
37.7%
9. Medical l Mental Health Dental
1,672
1.0%
3.5
4,267
2.8% 10.1
-188.8%
10. Inmate Programs
4,833
2.9%
10.1
4,793
3.2% 10.7
-6.7%
11. Housing /Dayrooms
58,977
35.1%
122.9
68,953
45.9% 187.3
-52.4%
12. Circulation
16,828
10.0°/
35.1
11,769
7.8% 31.3
10.7%
Total Indoor Jail Space
149,826
89.1%
312.1
135,567
90.3% 349.3
-11.9%
13. Quasi -Outdoor Recreation Yards
7,930
4.7%
16.5
9,053
6.0% 23.4
-41.5%
14. Vehicle Sally port
10,487
6.2%
21.8
5,507
3:7°/ 19.7
10.2°
Total Outdoor Jail Space
18,417
10.9%
38.4
14,560
9.7%
43.1
-12.2%
Total Jail Functional Use Area Space
168,243
100.0%
350.5
150,127
100.0%
392.4
-12.0%
Note: The California jail database Areas shown are averaged for 19 medium-sized county detention facilities
constructed during the state-wide wave of county jail building during the 1990s andjails that have
inmate housing capacity for populations of 300-600 custody beds.
Overall, the Santa Ana City Jail's functional use area space and related sizes are generally consistent
with the database standards for space allocations, with the exception of the medical / mental health /
dental space, administration area, Central Control room, and smaller dayrooms located adjacent to the
eight inmate housing units. The average square foot per bed devoted to inmate programming activities
and visitation are also slightly lower. The most significant interior space difference appears to involve the
medical / mental health services area which is nearly 6-1/2 square feet lower per rated inmate bed than
other comparable California detention facilities.
From an outdoor jail perspective, the overall size of the jail's vehicle sallyport is slightly larger than the
average of the 19 facilities included in the comparative analysis. The analysis does show, however, that
the facility's quasi -outdoor recreation yards are somewhat smaller compared to other California jails. The
City Jail devotes nearly 16.5 square feet of total building space per rated bed while the comparison
facilities allocate approximately 23.4 square feet per bed.
12
65A-15
Overall Assessment and Summary Conclusions
The Santa Ana City Jail has a Board of State and Community Corrections (BSCC) rated
custody housing capacity for 480 inmates. The facility has a physical total capacity of 512
beds. The jail consists of both single, double -occupancy, and dormitory housing settings..
Thecombination of settings allows for a flexible placement of inmates that adjusts with
fluctuating classification and security population. needs.
The detention facility was originally constructed as a new generation podular jail with direct
supervision tiered inmate housing units with adjacent dayrooms classrooms,. medical
space, visiting, and general: circulation. The. jail is extremely well .maintained and
professionally managed. Assignment of inmates. to security status is basedupon the
consistent application of rationalclassification and segregation practices. Maximum
inmate -staff interaction is encouraged in order to reduce staff stress, conflict, and related
problems of inmates'.. management, including security. The jail uses a combinations of
supervision, inspection, accountability, and clearly defined policies and procedures on the
use of security to promote safe and orderly operations.
The day-to-day operation of the facility: is :consistent with the principals of detention
supervision and management and Correctional Officers .work to meet at times minimum'
jailstandards as defined in Title. 15 of the California Code of Regulations. The BSCC
Biennial Jail Inspections show that the personnel employed inthe facility are in full
compliance with jail operations training provisions contained in Title 15 and facility
operations. and the physical plantmeet minimum jail operational standards.
The building and. systems condition assessment and evaluation work carried out for the Jail
Reuse Study shows the detention facility has three key problem areas that includes (1) lack
of sufficient ADA compliant medical'. and mental health treatment space, (2) lack of adequate:
classroom and program space for peak populations,. and (3) aging security electronics
equipment and plumbing systems throughout the facility.
The medical and mental health treatment areas are severely deficient in space compared 4o
other medium-sized detention facilities in California of thecomparable age. The jail is also
in need of some security system upgrades. Out-of-date and difficult to use equipment puts
an undue hardship on staff. Current classroom space is also inadequate to served
maximum population. .Ideally,. .the facility's program. space should be large enough to
conduct a wide range of programs and services made available through contract
professional .providers and volunteersfrom the community. The building's plumbing
piping is also in need of repair or replacement.
A comparative analysis with 19 California jails with predominately double -occupancy cells
and rated capacities for 300-600 inmates like the City Jail shows that the facility's functional
use areas are generally consistent with space allocations among these facilities. The
exceptions,however, include medical /mental health space, administration area; Central
Control room; and smaller dayrooms located adjacent to the existing eightinmate housing
units. The average .square foot per bed devoted to inmate programming activities. and
visitation are. also slightly lower. The most. significant interior space difference appears to
involve the. medical / mental health services area which is nearly 6-112 feet lower per
rated inmate bed than other comparable California detention facilities.
From an outdoor jail perspective, the overall size of the vehicle sallyport is slightly larger.
than the average of the facilities included in the comparative analysis. The analysis further
shows that the facility's quasi -outdoor recreation yards are somewhat smaller compared to
other California. jails. The City Jail devotes nearly 16.5 square feet of total building space
per rated bed to recreation while ..the comparison facilities allocate approximately 23.4
square feet per bed
The following provides a series of photographs highlighting key space and functional use area operations in
the Santa Ana City Jail.
13
65A-16
1 10. ,^.
t
r
Santa Ana City Jail Photo Layout
15
65A-18
F
65A-20
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE
APPROVED AN AGREEMENT WITH
T.I.'S BY DESIGN TO REPLACE .PIPES
FOR POLICE DETENTION FACILITY
DOMESTIC HOT WATER RETURN
LINE SYSTEM
(STRATEGIC PLAN NO. 6, 2A)
d� �, - lztc c-, zl�,41
CITY) ANA ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 15' Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with T.I.'s By
Design to replace pipes for Police Detention Facility domestic hot water return line system in an
amount not to exceed $150,000 inclusive of a $6,000 contingency, subject to non -substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
As part of the Fiscal Year 2014-15 Budget process, the Finance Department Building
Maintenance Division evaluated City facilities in order to address deferred maintenance issues
and other capital needs. In the matter of the Police Detention Facility located at 62 Civic Center
Plaza, the evaluation found that pipes for the facility's domestic hot water return line has recurring
leaks which staff has determined can no longer be maintained in a cost-effective manner. The
four-story facility has been in operation since 1997, and is a 7 -days a week, 24 -hours a day
operation. Addressing these essential structural repairs to the facility will prevent any further
damage to the infrastructure, maintain the facility in operational order, and retain a favorable
property asset value. The repairs to the facility are necessary for the current operation of the City
Jail or should the use change in whole or part, necessitate the repairs.
Staff requests City Council approval of the recommended action to replace pipes in the hot water
return line that serves the jail's 15f and 3`d Floors. A return line is the pipeline in a water
recirculation system that carries idle water back to a heater (such as a boiler) to make hot water
readily available in the facility. This system reduces both the wait time for hot water and the cost
of water by preventing idle water from going down the drain. The new return line will be
approximately 740 lineal feet, and start on the 4th Floor. The project includes installation of
hatches at various locations to provide access to concealed pipes during the project and on
subsequent maintenance work.
65B-1
Agreement for T.I.'s By Design to Replace Pipes For Police Detention Facility Hot Water Supply
System
August 1, 2017
Page 2
The recommended action involves a negotiated contract due to previous attempts to select a
vendor via Request for Proposals did not yield a satisfactory outcome. Bids either far exceeded
the project budget, or contractors did not have the capacity to take on work in a detention setting.
Staff also evaluated the use of alternative piping materials but ultimately decided on copper for
this project. The negotiated agreement with T.I.'s By Design based in Costa Mesa, California, is
responsive to the project specifications, meets the City's requirements, is price competitive, and
is attached for City Council approval (Exhibit 1).
STRATEGIC PLAN ALIGNMENT
Approval of this item supports City efforts to meet Strategic Plan Goal #6 — Community Facilities
& Infrastructure, Objective 2 (Address deferred maintenance on City buildings and equipment),
Strategy A (Prepare a Deferred Maintenance Plan that assesses safety, adequacy, and liability
implications, and estimates repair costs to be programmed in the responsible agency's future
budget).
ENVIRONMENTAL IMPACT
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 $150,000 are budgeted and available in Council Special Projects,
Finance Building Maintenance account (05010021--66200) for expenditure in FY 2017-18.
AS TO FUNDS AND ACCOUNTS:
Francis6Q_jGutierrez 00
Executive Director
Finance and Management Services Agency
JA/WN/SS
Exhibit: 1. Agreement
65B-2
EHIBIT 1
CONSULTANT AGREEMENT
THIS AGREEMENT is made and entered into this_ day of , 2017, by and
between T.I.'s By Design, California General Building Contractor License No. 6565438
(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 replacing existing domestic recirculation of hot water piping, to be
completed at the Police Detention Facility.
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:
Consultant shall perform those services as set forth in Exhibit A to this
Agreement, attached herewith and incorporated herein by this reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for
its services, the rates and charges identified in Exhibit A. The total sum
to be expended under this Agreement shall not exceed $150,000, which
includes a $6,000 contingency above Contractor's quote of $144,000,
during the term of this Agreement.
b. Payment by City shall be made within forty-five (45) days following receipt
of proper invoice evidencing work performed, subject to City accounting
procedures. Payment need not be made for work which fails to meet the
standards of performance set forth in the Recitals which may reasonably
be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on
December 31, 2017, 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.
L•
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended
nor shall it be construed to create an employer-employee relationship, a joint venture
relationship, or to allow the City to exercise discretion or control over the professional
manner in which Consultant performs the services which are the subject matter of this
Agreement; however, the services to be provided by Consultant shall be provided in a
manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy,
use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data"). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be
limited in any way in its use of the Documents and Data at any time, provided that any
such use not within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking 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 B upon execution of this Agreement.
L•
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.
e. The following requirements apply to the insurance to be provided by
Consultant pursuant to this section:
(i) Consultant shall maintain all insurance required above in
full force and effect for the entire period covered by this
Agreement.
(ii) Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved 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.
If Consultant fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the City with required
proof that insurance has been procured and is in force and paid for, the
City shall have the right, at the City's election, to forthwith terminate this
Agreement. Such termination shall not affect Consultant's right to be paid
for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to
Indemnify the City for any work performed prior to approval of insurance
by the City.
INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising
out of claims for personal injury, including death, and claims for property damage, which
may arise from the direct or indirect operations of the Consultant or its contractors,
L•
subcontractors, agents, employees, or other persons acting on their behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, judicial or equitable relief is due
by reason of the terms of or effects arising from this Agreement. This indemnity and hold
harmless agreement applies to all claims for damages, just compensation, restitution,
judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
for the defense of the City, including fees and costs for special counsel to be selected by
the City, regarding any action by a third party challenging the validity of this Agreement,
or asserting that personal injury, damages, just compensation, restitution, judicial or
equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect
to its representation in any legal proceeding.
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.
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 fora 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.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have
interests, director indirect, which would conflict in any manner with performance of
services specified under this Agreement.
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, or sent by fax or other
telegraphic communication in the manner provided in this Section, to the following
persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
With courtesy copies to:
Executive Director— Finance and Management Services Agency
City of Santa Ana
20 Civic Center Plaza (M-17)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647 -
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-6515
To Consultant: T.I.'s By Design
Kenneth M. Parr
Owner
3595 Cadillac Avenue, Suite 103
Costa Mesa, CA 92626
Fax 714-4349324
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)
65B-7
days after it has been deposited in the United States mail, duly registered or certified,
with postage prepaid, and addressed as set forth above. If sent by fax, communication
shall be effective or deemed to have been given twenty-four (24) hours after the time set
forth on the transmission report issued by the transmitting facsimile machine, addressed
as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the
City and Consultant, and supersedes any and all other agreements, oral or written,
between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may
not be modified except by written instrument signed by the City and by an authorized
representative of Consultant. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
z tTtTftr1mal
Inasmuch as this Agreement is intended to secure the specialized services of
Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered null
and void. Nothing in this Agreement shall be construed to limit the City's ability to have
any of the services which are the subject to this Agreement performed by City personnel
or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written
notice of termination. In such event, Consultant shall be entitled to receive and the City
shall pay Consultant compensation for all services performed by Consultant prior to
receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require
Consultant to deliver to the City all work product completed as of such
date, and in such case such work product shall be the property of the City
unless prohibited by law, and Consultant consents to the City's use
thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of
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
L• w •
and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Consultant affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local
laws and regulations.
17. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and
the validity, interpretation, performance, and enforcement of any of the clauses of this
Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the
services hereunder and required by the laws and regulations of the United States, the
State of California, the City of Santa Ana and all other governmental agencies.
Consultant shall notify the City immediately and in writing of its inability to obtain or
maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
be cause for termination of this Agreement.
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.
(Signature Page Follows}
L•
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR ROBERT CORTEZ
Clerk of the Council Deputy City Manager
APPROVED AS TO FORM:
SONIA
City AM
By: .
Ryan
RECOMMENDED FOR APPROVAL: TJ,'S BY DESIGN
FRANCISCO GUTIERREZ KENNETH M. PARR
Executive Director — Finance and Owner
Management Services Tax ID#
65B-10
EXHIBIT A
SCOPE OF SERVICES
65B-11
April 11, 2017
CITY OF SANTA ANA
20 Civic Center Plaza M-11
Santa Ana, CA 92701
RE: PRELIMINARY FID
Police Station
60 Civic Center Plaza
STATEMENT OF WORK;
To perform replacement of existing domestic recirculation of hot water piping. We will gain access to equipment cat walk areas
through existing access panels and through newly installed access panels that we will install as needed.
We will schedule with Building Engineers for needed shut downs on water piping as needed for disconnect of old and reconnect of
new piping.
Piping systems will be in operation at the end of each day. All work to be performed during standard work hours.
Work will start 2-3 weeks after approval and 6-8 weeks for completion.
o Provide and install approx. 220' of 2" type °L" copper pipe on the I' floor.
a Install (6) new ball valves at the appropriate locations.
• Provide and install approx. 240' of 1" type "L" copper pipe on the 3`a floor.
• Install (4) new ball valves at the appropriate locations.
• insulate all the new hot water lines with Mansville fiberglass Insulation.
• Includesall cleanup and debris removal.
Total $ 81,600.00
• Provide and Install approx. 40' of 2" type "L" copper on 1" floor in boiler area.
• Provide and install (2) new ball valves in appropriate locations.
I Insulate all hot water piping with mansville fiberglass Insulation.
Total $ 12,050.00
a Install needed access panels.
Total $ 50,350.00
Grand Total $144,000.00
NOTE: Attached are specs for valve's and pipe mounts and capper pipes.
The cost Includes prevailing wages
DIRfi1000038226
3595 Cadillac Avenue, Suite 103 a Costa Mesa, California 92626
(714) 4366- 214) 434-9324
License Na. 965438
Lb.'s
NVOE N
Commercial Tenant
improvement specialist
& 6uitr]isg Renovaione
CITY OF SANTA ANA
20 Civic Center Plaza M-11
Santa Ana, CA 92701
AT1N: John Aguilar
I would like to introduce you to T.L'S BY DESIGN.
We are a full-service commercial renovation construction company with a difference. Our company was established several years ago
by a knowledgeable, professional general contractor with the qualities that equal success, These basic ideals include:
t. Integrity
2. Hard Work
3. Communication
4. Commitment to Quality at a Reasonable Price,
T.L'8 BY DESIGN specializes in building and tenant improvements from coordination in conceptual design and interior planning, to
construction and turnkey completion. Since the majority of trades are in-house, projects are completed in a more efficient manner.
I have enclosed a brief outline of the company and our areas of expertise, as well as a list of companies with which we are associated.
We are able to accommodate as size project and would appreciate an opportunity to be placed on your bid list. Better still, I would
be glad to meet with you at your earliest convenience to discuss your particular requirements.
Please give me a call. I look forward to meeting with you In person.
Sincerely,
T.L'S BY DESIGN!
/esed
Kenneth M. Parr
Owner
3595 Cadillac Avenue, Sul C esa, California 92626
1714) 434-0 134-9324
LicenseLicense No, 8565438
T.L'S BY DESIGN
Commercial Renovatian/Teuant Imorowemgnts
TI.'S BY DESIGN is a falkservico commercial renovation company ready to service any requirements for all projects and interests
that you have whether commercial office, industrial complex, or retail centers.
In this industry, communication is an essential tool to get quality work performed the way you want it performed, THE FIRST TIME„
enabling you to conserve your two most valuable assets — your time and your money.
At T.VS BY DESIGN, we offer you a highly personalized service providing continuous communication before, during and after the
project is completed. Our tally developed, diversified staff performs all aspects of commercial renovation, including building and
tenant repair projects.
In all areas, we work as closely as possible with you to ensure accuracy in designing and executing year visions of your commercial
enviranmcnL
T.L'S BY DESIGN can help you to achieve and maintain a quality, professional and safe working environment for all of your projects
while setting an example for these ideals within our own company.
AREAS OF EXPERTIESE.
* LOBBY/COMMON AREA RENOVATION
* BUILDING IMPROVEMENTS
*TENANTIMPROVEMENTS
* CEILING REPLACEMENTIREPAIR
* INTERIOR DESIGN/SPACE PLANNING
* INTERIOR/EXTERIOR BUILDING REPAIRS
* A.D.A. IMPROVEMENTS
* WALL COVERING/PATNTfNG
* FLOOR COVERINGS
* PLUMBING
* ELECTRICAL
*CONCRETE/MASONRY
* ASPHALT/STRIPPING
* H.V.A.C./MECHANICAL
3595 Cadillac Avenue, m3 � Cflsta Mesa, California 92626
(714) 43 Pa 4)434-9324
License No. 8565438
DWI
DY DESIGN
Conerardal Tenant
Improvement specialist
& Building Renovations
COMPLETED PROJECTS ANDCURRF,,}x7T REFERENCES
EMBEEITRIUMPH GROUP $250,000.00Annually
2136 S. Hathaway St.
Santa Ana, CA 927058
(714)546-9842
Contact: Barry Winn
PRINCELAND MANAGEMENT
30275 Tomas
Rancho Santa Margarita, CA 97688
(949)380-1319
Contact: Shannon ShimKau
BOULEVARD BUICK. GMC
2800 Cherry Ave.
Signal Hill, CA 90755
(562)492-1000
Contact: Ron Charron
THE BOEING COMPANY
2401.E. Wardlow Rd.
Long Beach, CA 90807
(562)593-8763
Contact: Jerry Robinson
TOWNSGATE CAPITAL, CORPORATION
2801 Townsgate Rd, Suite 240
Westlake Village, CA 91361
(805)379-5130
Contact: Joe Clunis
HARBOR FAMILY CHIROPRACTIC
2200 Harbor Blvd., Suite B-160
Costa Mesa, CA 92627
(949) 515-5170
Contact: Stacey Halpern
D -LINK $700,000A0
11595 Mt. Herrmann St.
Fountain. Valley, CA 92708
('114) 713.3533
Contact: NickFelix
EASTERSBALS $480,000.00
1801 E. Edinger Ave.
SantaAna, CA 92705
(714) 834-IlI 1 x 232
Contact: Carol Vyn
SAMBAZON $ 85,000.00
1160 Callocordillera
San Clemente, CA 92673
(949)498-8618
Contact: Mark Eddy
VENTURE
1051 S..East. St,
Anaheim, CA 92805
(714)765-3740
Contact: Joe Nguyen
ORANGE COUNTY ORTHOPEDICS
15825 Laguna Canyon Rd., M 103
Itviae, CA 92618
(949)451-1454
Contact: Dr. Greenbaum
PAX INDUSTRIES S 150,000.00
1561 W. MacArthur Blvd.
Costa Mesa, CA 92626
(714)850-1330
Contact: Toni. Kawaguchi
DA[NESE USA, INC. $ 300,000.00
1645 Superior
Com ivlesa, CA 92626
(949) 645-9500
Contact: Roberto Sadowsky
NET SSYSTEMS,. INC.
17173 Gillette Ave.
Irvine, CA 92614
(949) 752-5100
Contact: Fares Koudid
ACS DEVELOPMENT GROUP S 150,000.00
16148 Sand Canyon Avc.
Irvine, CAA 92618
(949)307-0328
Counter Moe
FORMA
3050 Pullman Ave,
Costa Mesa, CA 92626
(714) 673-6200
Contact: Scott
3595 Cadillac Avenue, 5ui C Mesa, California 92626
(714)434-0�1734-9324
License No. 8565438
U /
Tube . Pittings • Valves
jp6 i�aane Contractor
RRgm
Wholesaler
nglraeer _ Strsansllase� Rep
Product Description:
Streamline* Copper -Tube for use in plumbing and mechanical applications. Available sizes (type K, L, M. & DVM ranging from
1/,', "to 8" in diameter, All tube shall be manufactured in the United States,
Haterial:
Streamlines' CopperTube shall be made from matenal in compliance with ASTM B75 and of UNS 012200 wade of copper.
Key Specifications:
Streamline® CopperTube (Type K L. M) shall conform to. the NSF/ANSI 61 Annex G requirements and is manufactured to meet
ASTM B86. Copper drainage tube (MM is made to meet ASTM 8306. Copper refrigeration coils, ACR/Nit xagenized straight
lengthsand line sets are made to meet the chemical, mechanical, cleanness and eddy current testing requirements of the applicable
specifications of ASTM 8280.
Installation:
Installations shall comply with the latest applicable building codes for the local jurisdiction. For detailedinstallation instructions,
consult the Copper DevelopementAssociation at coppecorg.
Referencew
ASTM B75 Seamless Copperrfube
012200 99.9% Pure Copper (can be used for potable water)
NSF/ANS! bl Annex G Safe DrinkingWaterAct (third party certification)
ASTM B88 Seamless Copper -Water and Gas Tube (Type K I. M)
ASTM 8280 Seamless CopperTube for Air Conditioning and Refrigerants
ASTM 8305 Seamless Drainageiube Code (DWVj
MADE III USA
l
Tube > fillings • Valves
[oil , • . i <:..
Streamlines Copper
Tube sets the standard for quality, consistency and service in the plumbing industries.
With a full line
of coppertube
products to support most all plumbing supply
and DWV applications. Streamline'* Copper
Tube is available
in all common
types including
Type K, Type L, Type M and DWV. Each piece of tube is
incised marked and
color coded
for easy, long lasting identity. Manufactured _n accordance with
applicable standards,
our
ongoing commitment
to quality
continues to make Streamline
Copper Tube the preferred and specified brand
of industry
professionals.
TYPE K
RATED WORKING PRESSURE (PS19)
M.A
NObIFI'
WTl
FTBNDL WALL
IStl°F
200°F-
300°F
400°F
. 1/4
0.145
500 0.035
913
860
842
537
._316
. 0264
500 OD49
460
904
885
565
ICL
0.344
500 0.049
_ 758 _
698
446 ...
5!a
0.418
200 0.049
626
_713
589
--_ _ .__.
577
368
0.641.839.....
. 200 does
_
..724
682
-
668
-
k
0
i6o o.06S
557
524
513
327
_ 1 114 _
1.04.
100 0.065
452 --425
416.
266
1 112
136
100 _0.072
420
396
387 ---
247_..___.
.__.0.083
370
348
0,095
338
319
312
199
3
4.00-
0,104
32$
_
302
193
- 3 1/7
�... O,I20
_
311
.34$
293
_-288
2$6
183
4
6.51
O.I34
306
_..
282
__....
180
967
--, 0,160
293
..295
276
270 - -
172 -
b _
1390_
_._ 0.192 �,
, ..277
27f
173
8
25.90
-- 0.271
314
295
-- 289
184
TYPE L
- Iht
0126.
500 0.030
775
729
- 714-
-456
- 3/8 .. _
0,198
500 , 0. 03 5662
_
623
610 _. _..,
. 389 _......
117.
0.285
500 0,040_
613
..
577
565 -
361
518_-_
0362
200 _0.042
937
505
495 ----
316
314. _0.455
200 5.045
425
466
456
1
0.655
100 01080
'
420
.-373
39�
387 -
247 .
1 114-
o8&4
100 QA55
....347
351
3,14
219
1 1/2 ._.
.100 0.6F0
327704_-
1.74
5
-. 0.010
309
291
285
IE? �.
2 1/2
248_
, __ 0.086
285
269
263
168
_ 3 _......
333
..... 0.090
.-270
254.
248 _..
159 -
3 n
4.29
0.100
258
._..249
243
.... .238 _..
52 ....:
5.38....
- 0.110
.._ 235
230
- i47_._
5
7_61
- 6125
_229
205
2:1
135 -
6
102-_.
. O.t40
n 213
-230
- 201
... !96_..
12-5_.... _
8
E93-
0:200
'
216
72
135 -
Tables give computed allowable stress /or annealed
copper tube at indicated temperature.
A BRAND OF MUELLER IN DUSTIRD; MA
Tube • Fillings » Valves
TYPE M_
RATED W0RKING PRESSURE ,(P5IG)
NbM.D1A.
WTFFF
FTf6NDL -ALL 150°F ......
F
200 ',...
300F _.
400'F _
3B_..�
0.145
.__W
.500 0,025 _ 485 '.._._.
456
447 _...
285..
112 --
6.204
500 0,028 420 -
395
387
247
314
032&
___0.032 -,._. 346 _. _.
326
319 ___..
204
i
_
046,5
_.204
100 _.. 286 _..
270 _
264_.._
_
I Ifo
6-6,82
_ ._0035
100 ._0042 �237 --_
27.1 - _
265_
_ 16
I lr`2
-
004? _ 282_ __
265 ;_
259 ___
. I6-
2
-094.-.,_IW
_
254 .._
239 ;.._
234 .:.... _
. 144 ..'
21/2._
_...1.4¢
2.03
_....- .......,.0.058
_.. 233,13t...
3
2.68
_.._ ._._0065
- 0.072 215
203
199
3I2
i _.
3S8
`. .._.0.083._ 214 ..__
202
147
126„_.
4
4,b6
„_ - a095 .. 213
201
-
197
126_
.._. 19 ..._..
19b
116
_0,109
171
109
16.5
_...' _ ,...0.1T 195 ....._.
189
IAO _.
IIS
Table give computed allowable stress for annealed copper tube at indicated
tempernture.
TECHNICAL DATA
Values of allowable internal working pressure for coppertube in service are based on the formula from ANSI 831, Standard
Code for Pressure Piping:
2Stm
P=
Dmax -0.8 or
P = Allowable Pressure @150°F S = 5100 PSIG annealed
S = Allowable stress @ 200°F S= 4800NIG annealed
T = Will thickness C 30TF S= 4700 PSIG annealec
D Max = Outside Diameter 0 400°F S= 3000 PSIG annealed
All ratings listed for types K, L M. DVVV and refrigeration service tube in the preceding chartsare calculated for tube inthe
annealed condition. These values should be used when soldering, brazing or welding is employed forjoining components in
a system. While the: ratings for hard drawn tube are substantially higher, they should only be used for systems using properly
designed flare or compression mechanical joints, since joining by any heating process might anneal (soften) the tube.
In designing a system, careful consideration should also be given to joint ratings as well as those of the components
A BRAND OF MUEHAilR INDUSTRIESA
%..J l
Tube > fittings ^ Valves
' [ a
1. Cut tube square with the cutter or fine hack
'::.
I. Cut tube to length & remove
saw (32 tooth blade is recommended),
._...
burr with file or scraper.
Remove Burr,
y . a ;'
2. Clean outside end of copper tube thoroughly
lh
with sand cloth or sandpaper equal depth of
Pitting. Leath' no dark spots.
and up to the top center position. Return to
2. Clean outside of tube with
3. Clean inside of fitting carefully to tube stop with
.---^ L
sandpaper or sand cloth.
wire brush. Note: Sand cloth or sandpaper may
be
ff -• ,
outside of tube - assemble
also used.
it
tube and fitting,
a piece of cloth.
-%us•-
4. Using a brush, apply light uniform coat of
soldering flux to the outside of the tube
and inside of the fitting.
3. Clean inside of fitting e
g with wire
direct the flame into the face of the fitting
brush, sand cloth or sandpaper
S. Slip tube into fitting to tube stop. Tum tube
-i
6. Apply heat with torch. When
back and forth once or twice to distribute
t t, <--.
'� �'`�
solder melts upon contact with
flux evenly,
4=1} .y i
heated flitting, the ptopei temp
6. Apply heat uniformly around the fitting with
4. Apply flux thoroughly to
torch, When solder melts upon contact with
._...
inside of Pitting,
heated fitting, the proper soldering temperature,.-;�'Y
si-`"�5
has been reached. Remove flame and feed
solder slightly off center at the bottom of the
joint Proceed across the bottom of the: fitting
and up to the top center position. Return to
the starting point, and then proceed up the,..L�,
S. Apply flux thoroughly to
incomplete side to the tap, again, overlapping
outside of tube - assemble
the solder metal, Wipe off surplus solder with
tube and fitting,
a piece of cloth.
-%us•-
CAUTION: No not overheat the joint or
direct the flame into the face of the fitting
cup. Overheating could burn the flux,
-i
6. Apply heat with torch. When
which will destroy its effectiveness and the
t t, <--.
'� �'`�
solder melts upon contact with
solder will not enter the joint property.
4=1} .y i
heated flitting, the ptopei temp
for soldering has been reached.
•f'a- f
Remove flame & feed solder to
the joint at one or two points
until a ring of solder appears at
the end of the frt6ng.
A BRAND OF MUELLER JMDUsrR&Es v
Cush -A
3
The Gusi) Waft .cuShi T,i marruiaciu)'ed in the United Slates and made hom a new inciedibly durable thermoplastic rubber that resists high
.h atE d pt'��rlsa;&. Cfda'sc, it"st uibtafion fatigue. 1% Gush-A.-%torO is made from a proprietary thermoplastic wlcani?ed material cross -
and thermoplastic elastomers, which produces the highest operating temperature range in the industm
ea
HT04 1 4Tt}4SS HT04S6 9+" (0.25}
HT06
HT065S-(
HTOM
'i:"(0.37)
HT09
HT09SE
HT0886
I
HT1088
HTi0S6
Ile(062)
Hr72
HT128s I
Hr12s6
'h, (015)
H"r14
HT1438
HT1486
'1" (a a,.
FT16
HTieS5
HTi6 00
i"(t00)
HT18
HTISBS
HTtSSS
VN' (IJ 2)
HT20
HT20SS
h1T29S6
7`;%,1251
14T22
HT2288
HT22S6
1h -N.37)
HTE4
HT2455
HT2486
Ph p60
HT26
HT2638
HT2686
CN22
HT28
HT2886
HT2886
1'1. f! 75)
HT30
HT3088
HT3036
IN' (1.871
GM2 j
HT3285
HT3256
CN26
1T32
HT3C
—HT -3-6
HT948S
HT3486
CN30
GN3058
HT86SS
HT3656
(2 25}
HT39
WNSS
HT356
2%-(2.371
HT40
HT403S
HT4086
2`h' (2.501
HT42
HT42SS
HT4286
Kl, 12.821
HT46
HT46GS
HT46S8
2°!x"12.87-
HT48
HT4836
HT48U
CN42
HT59
HT5D8S
H?5056
,3'ta"y3 12)_
HTSft
HT565S
HT5686
3'la" 3,5q
NT84
HT6488
HT64S6
4"(4A0}
HT66
HT66S5
HT6n86
Ole (4.12)
HT72
HT72SS
HT72866
4'h" (4.50
i B
l
CN04 i
CH94SS
CN04S6 `Ir
rnro6 1
emb66s
cNa6e6 �
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CHA8 i
CNOSSS
CHA83S
'h"(a50)
CNtb
CN19SS
CN1986
;t"" (4,62
CN12 1
GN12SS
CNI286
'ta"(D.75)
CNM
N74SS
GN14S6
'!a` 0877
CNi6
CN1SM
CN1636
1` 1.00'
CH18
CN7SSS
GN1833
1'1# (1.72 k
CN20
CN20S5
GN30S6
Pia' 11.28)
CN22
r C42ZSS
C11 86
Ph" .37
CN24
7N 2488
CN24S6
Vh't,80)
CN26
GM2 j
CN26S6
1°Ca" (7,62)
CN26
1 CN2858
CN2856
CN30
GN3058
CN3056
Ptv"(187
CN82
CN3239
GN3236
i 2"(2.00)
CN34
CN34SS
GN3436
GN36
CN368S
MUM
2'h' (2,251_
CN38
CN383S
GN38%
2", 231}T
6140—
GN40SS
CN40S6
2'tx (2.50
CN42
' GN4238
CN4236
2a[e" 1262)
GN 46
CN4888
CN4636
CN48
CN48SS
CN48S6
3' (3.00)
CN50
CN5088
CN5056.
31f., 13.12)
CN63
CN588S
GH56S6
3'!e"('S,SU_
064_—.0
CN64S8
4°(4,00}_
CN66
CN86SS
I CN66S6
4h'(412)
GN72
� CN72S8
CN7286
t 4'iY' 4.50
}MV
Description
The Zero teed bronze ball valve Is
equipped with a full port, Zero Lead bronze
body, The ball valve features EpOM
sealing elements, EPOM stem seals and
Vlega's Smart Connsct� feature for easy
Identification of unpressed connections
during pressure testing.
Features
316 stainless steel bell
a Eco Brass"' blowout -proof stem
• Lockable metal handle
• Reinforced PTFE seats
• Smart Connect feature
Ratings
m 250 CVP
Temperature Range: D'P - 250°F
Max. Operating Pressure: 250 psi
Approwaile
a Conforms to kiss SP -1 i4
• NSF- UP Code
• NSF 61 Annex G
• ASME Al 12.4.14
o Listed by NSF to Commercial Hot
_v t3
L2 I
r
qr'
-A—At—
"L L1—
Component
Size (i1
Material
Body
Zem Lead Bronze 087700
Bali
816 Stainless Sigel
Seat
Stem
Reinforced PTFE
r_-co&ass.
Stem Seals
089300
EPDNI
i Nut
Znc plated Steel
Handle
Zinc plated Steel
Handle Dover
polyelny!
Sealing Element
EPDM
f
I 15046D1 � ' II
Por{ No.
Size (i1
A Qn)
Al (int
L (o) --LJ
Qnj
--La (in)
4.3 ifnl
79? 15
11/2
1.64
1.39
2.51
2.80
3.36
8.12
19,90
2"
"77'
1 $3
3.35
3.40
3.67
6,12
Zero Lead 1donliftes Viegepro(luctg meeffng the lead frog requirements of MSP 61-G through
testing untyer NSFIANSI 3; 2 (0,25% or lose maalmurtl Weighted average lead Gonterrt).
Mage LLC, 12303 Airport WaI file. 305 = Hroormietd, GU 80025 « Phi 800.976.9819 Fax: 800 -976 -98178P4 -PP 1116 (Ball Valved
3 of 18
65B-21
progress Insertion Depth Chart
Tube Size `/z"s,4"1 1/4 111
2.
Insertion Depth 1/4' gill 7AII 1" 17 j'6. 19 1 �'6
�' —6-19 jw
1� Read and understand all instructions
for Installing Vieffa ProPress fittings. Faf urs to follow all
Instructions may result in extensive property damage,
serious Injury or death.
1, Cut copper tubing at right angles using displacement -
type cutter or fine-toothed steel saw,
2. Remove burr from inside and outside of tubing to
prevent cutting sealing element.
3. Check seal for correct fit. Do not use oils or lubricants.
Use only Vioxia ProPrass Shiny Black EPDM or Dull
Black FKM sealing elements.
Note: For applications requiring Vlega ProPress with FKM
sealing elements, remove the factory -Installed EPDvI
sealing element and replace with FKM sealing element.
4. Mark proper insertion depth as indicated by the Viega
ProPress Insertion Depth Chart, Improper insertion
depth may result in Improper seal,
5. While turning slightly: slide ball valve onto tubing to the
marked depth.
Note: End of tubing must contact stop.
6. Insert appropriate Viega jaw into the pressing tool and
push in, holding pin until it locks in place.
7. Open the jaw and place at right angles on the valve.
Vlsually check insertion depth using mark on tubing.
8. Start pressing process and hold the trigger until the jaw
as engaged the valve.
9. After pressing, the jaw can be opened again,
Note, Only ball valves marked with NSF -61G are allowed for
use in potable water systems,
Leak Testing with Smart Connece:
Unforessed connections are located by
pressurizing the system with air or water.
When testing with water the proper pressure
range Is 15 pal to 85 psi maximum. Leak
testing with air can be dangerous at high
pressures. When testing with compressed air the proper
pressure range is Y2 psi to 45 psi maximum. Following a
successful leak test, the system may be pressure tested up
to 200 psi with al or up to 600 psi with water, if required by
local code requirements or project specifications.
'doge LLD, 12003 Airport Way, Ste, 395 - Broomfield, (30 60021 - Ph: 800-976-9819 - I= 800-976.9817
SNI -PP 1116 Isar VaNes)
65B-22
15 of 16
Certificate Number
Report Reference
Issue Date
N.JrOT
#JiTj MW Tj �j
� ilf ;o
20160323-EX6157
EX6157-20021021
2016 -MARCH -23
Issued to: VIEGA L L C
100 N SROADWAY.SUITE 600
WICHITA KS 67202
This is to certify that FITTINGS, RUBBER GASKETED
representative samples of ProPress Fittings, 2, 2-1/2, 3 and 4 in. sizes
Zero Lead ProPress Fittings in the 2 in. Size
Have been investigated by UL in accordance with the
Standard(s) indicated on this Certificate.
Standard(s) for Safety: UL 213, Rubber Gasketed Fittings for Fire -Protection
Service
ULC/ORD-0213, Rubber Gasketed Fittings for Fire
Protection Service
Additional information; See the UL Online Certifications Directory at
Vu!- �IcOmIdStbasg for additional information
Only those Products bearing the UL Certification Mark should be considered as being covered by UL's
Certification and Follow -Up Service,
Look for the UL Certification Mark on the product,
52=1
At hV
Page I of I
65B-23
E
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy #
relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701; its officers, employees, agents, volunteers and representatives are named as
additional insureds ("additional insureds") with regard to liability and defense of suits
arising from the operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed
by or on behalf of the named insured, such insurance as is afforded by this policy is
primary and is not additional to or contributing with any other insurance carried by or for
the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
Inclusion of any person or organization as an insured shall riot affect any right which such
person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be
cancelled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy #
Issued to
this endorsement form as a part of
Named Insured
65B-24
Countersigned by
Authorized Representative
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
APPROVE TERMS AND CONDITIONS
FOR PROPOSED ADDITIONAL BED
SPACE WITH THE US MARSHAL'S
{STRATEGIC PLAN NO, 1, 4A}
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on V1 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve terms and conditions with US Marshal's for an additional 173 beds for a two-year period
and provide direction to staff to return on August 15, 2017 with the necessary budget and staffing
plan.
DISCUSSION
On June 22, 2017, the Police Department met with representatives from the US Marshal's (USM)
to discuss their need for additional bed space. Significant renovations are taking place at the
Bureau of Prisons (BOP) Metropolitan Detention Center (MDC) in Los Angeles, which affects their
ability to house inmates. The renovation work is scheduled to begin in late September 2017 and
anticipated to be completed in August 2019. The USM have requested immediate approval to
transfer inmates to the Santa Ana Jail under the existing terms of their agreement with the City at
the current rate of $105/day.
Under the proposal, an estimated 138 inmates would arrive on or after September 1, 2017, followed
by an additional 35 inmates over the following three months. The estimated new revenue from
these inmates is $5,181,750 for the remainder of the Fiscal Year 2017/18.
In addition, the USM general population has increased, as allowed under their current agreement
with the City, by an average of 75 inmates and is projected to generate an additional $2,874,375
for the fiscal year.
65C-1
US Marshal's Terms and Conditions
August 1, 2017
Page 2
Between the proposal for additional bed space to accommodate the USM construction needs and
the additional general population that has been housed at the Santa Ana Jail, the estimated
revenue from these inmates is $8,056,125 for FY 2017-18.
Note that none of these inmates are Immigration and Customs Enforcement (ICE) related
detainees. These inmates would be pre -trail inmates under the custody of the USM or Federal
Bureau of Prisons.
In order to accommodate the USM request and the increase in general population inmates, the Jail
Operations budget would need to be increased by $6,183,121. The costs are attributed to adding
back personnel positions and operating expenses that were removed from the FY 2017/18 budget.
Table 1 below illustrates the revised net impact for FY 2017/18. If supported by the City Council,
the net operating deficit for FY 2017/18 would be reduced by $4,034,195. This would reduce the
amount of one-time funds necessary to balance the budget. For FY 2018/19, an additional
$2,242,466 would be realized as deficit savings, which would represent a full year of revenue from
all anticipated inmates.
Table 1 — Partial FY 2017/18 Year Comparison Holding vs Type II Facility with USM Proposal*
Net Change
10,217,316
6,183,121
4,034,195
*Compares current plan to transition to Holding Facility Jan. 1 vs. Housing Proposal thatwould include additional USM
inmates effective Sept. 1.
The proposal would require a budget adjustment to appropriate the revenue and allocate funding
in the various salary and contractual accounts. Staff would return to the City Council with the
staffing plan, appropriation adjustments and necessary action items at the August 15, 2017 Council
Meeting.
By continuing jail operations as a Type II Housing Facility, it will prevent the layoff of 26 correctional
positions and provide additional time needed to implement jail reuse options, and/or negotiate
housing agreements with Federal and State agencies.
65C-2
Holding Facility*
Type II Facility
with USM
Increase
Revenues
2,586,500
12,803,816
Expenditures
11,840,586
18,023,707
Net Operating Bal(Def)
(9,254,086)
(5,219,891)
Net Change
10,217,316
6,183,121
4,034,195
*Compares current plan to transition to Holding Facility Jan. 1 vs. Housing Proposal thatwould include additional USM
inmates effective Sept. 1.
The proposal would require a budget adjustment to appropriate the revenue and allocate funding
in the various salary and contractual accounts. Staff would return to the City Council with the
staffing plan, appropriation adjustments and necessary action items at the August 15, 2017 Council
Meeting.
By continuing jail operations as a Type II Housing Facility, it will prevent the layoff of 26 correctional
positions and provide additional time needed to implement jail reuse options, and/or negotiate
housing agreements with Federal and State agencies.
65C-2
US Marshal's Terms and Conditions
August 1, 2017
Page 3
STRATEGIC PLAN ALIGNMENT
Approval of this item assists the City in meeting Goal #1 Community Safety, Objective #4 (ensure a
sound fiscal model for jail operations), Strategy A (modify the Santa Ana Jail business model and
identify short- and long-term goals to effectively meet the needs of the community through contract
negotiations with outside agencies, evaluation of staffing needs and increasing operational efficiency).
FISCAL IMPACT
There is no fiscal impact associated with this action. However, if the US Marshal's terms and
conditions are approved, an appropriation adjustment and resolution to modify the FY 2017-18 Jail
Operating budget and staffing will be presented for Council consideration at the August 15, 2017
City Council meeting. That subsequent action would result in a net operating deficit reduction of
$4,034,195 for FY 2017/18 and $6,276,661 for FY 2018/19. Exhibit 2 outlines the impact to the
General Fund for both fiscal years.
Acting Chief of Police
Santa Ana Police Department
Exhibit 1: US Marshal's Term Sheet
Exhibit 2: General Fund Budget Impact FY 17/18 and FY 18/19
65C-3
Exhibit 1
1. Description: Request from US Marshal's to increase federal inmate population at Santa Ana Jail due
to construction/remodel needs at their current facility.
2. Term: September 1, 2017 to August 30, 2019
3. Rate: $105/day
4. Number of new inmates: 173 estimated
5. Revenue Projection from Construction related inmates:
USM (Special Handling
Inmates)
138
4,347,000
Arr. Sept 1 (138x105x30x10mo(Sep-
Jun)
USM (Remodel)
20
504,000
Arr. Nov 1(20x105x3Ox8mo(Nov-Jun)
USM (Other)
15
330.750
Arr. Dec. 1 (15x105x3ox7 (Dec -Jun)
5,181,750
6. Revenue from increase to general population: $2,874,375
7. Total New Revenue: $8,056,125
8. Total net deficit reduction for each fiscal year:
• FY 2017/18:$4,034,195
• FY 2018/19: $6,276,661
9. Number of layoffs avoided: 26
10. Additional resources needed:
a. Additional Jail funding and staffing
65C-4
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65C-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
AWARD CONTRACT TO GUARANTY
CHEVROLET MOTORS, INC. FOR A
PRISONER TRANSPORT VAN
(SPEC. NO. 17-063)
(STRATEGIC PLAN NO. 6,2)
{SURPLUS ALLOCATION FUNDII01
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
• 06 e
❑
As Recommended
❑
As Amended
❑
Ordinance on V' Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors,
Inc. for the purchase of one prisoner transport van in the amount of $46,485 plus a contingency of
$1,000 for a total amount not to exceed $47,485, subject to non -substantive changes approved
by the City Manager and City Attorney.
DISCUSSION
The Finance and Management Services Agency, Facilities, Fleet Maintenance and Central Stores
Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles,
trucks, and maintenance equipment. The City's Vehicle Replacement Policy provides guidelines
and criteria for determining when vehicles need replacement. This criteria includes vehicle age,
mileage, maintenance costs, and safety history. As a result of reviewing the City's replacement
criteria, one of the Police Department's prisoner transport vans that has mileage in excess of
150,000 miles have been identified for replacement.
Although the van will be utilized for transporting detainees to the hospital when needed, the van
will also be used to assist patrol with scheduled enforcement sweeps throughout the City. The
van will be equipped and fabricated with approved prisoner transit modifications to ensure the
safety of officers and arrestees.
The Notice Inviting Bids was advertised on May 11, 2017 on the City's online bid management
and publication system. A summary of the bid invitations and bids received is as follows:
2 Vendors were notified
7 Vendors downloaded the bid packet
1 Bid received from a Santa Ana vendor
65D-1
Contract Award for Prisoner Transport Van
August 1, 2017
Page 2
The bid was opened on June 8, 2017 and evaluated. The bid from Guaranty Chevrolet Motors,
Inc. is responsive to the specifications and meets the City's requirements. To allow for
unanticipated charges, a $1,000 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 $47,485 are available in FY 2017-18 in the Council Special Projects -
Finance Fleet Maintenance account (05010022-66400).
APPRO ED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez 90
ll Executive Director
Finance and Management Services Agency
CL/sp
65D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
RECOMMENDS SUPPORT FOR
CALIFORNIA SENATE BILL 4 (MENDOZA)
REGARDING THE CALOPTIMA BOARD
COMPOSITION /
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
On July 19, 2017, the Legislative Affairs, Ethics and Transparency Committee voted for a support
position for California Senate Bill 4 authored by Senator Mendoza.
DISCUSSION
The intent of California Senate Bill 4 (Mendoza) is to provide stability to the CalOptima Board
structure. There have been three modifications to the structure since 2011. The bill would codify
the existing structure of the CalOptima Board and stipulate that a 2/3 vote of the Board of
Supervisors is required to remove a member. Additionally, the bill is anticipated to be amended to
add a five-year sunset, allow for an increase in the number of public members, and add a
statement of purpose for CalOptima board members.
While it is difficult to anticipate the impact that a board structure change could have on Santa
Ana, SB4 would maintain the existing board structure that is comprised of two supervisors and
seven specified health professionals and members of the public, whereas recent proposal from
the Board of Supervisors would add the remaining three Supervisors to the CalOptima board.
During the Council Committee meeting, comment on the potential for additional seats to the
CalOptima board was discussed. The City Council may support the Council Committee's
recommended position or take an alternate position.
FISCAL IMPACT
There is no fiscal impact associated with this item.
Exhibit 1: California Senate Bill No. 4
65E-1
AMENDED IN ASSEMBLY JULY 17, 2017
AMENDED IN ASSEMBLY JUNE 28, 2017
AMENDED IN ASSEMBLY JUNE 22, 2017
AMENDED IN SENATE MAY 26, 2017
AMENDED IN SENATE MAY 10, 2017
AMENDED IN SENATE APRIL 26, 2017
SENATE BILL No. 4
Introduced by Senator Mendoza
December 5, 2016
An act to add and repeal Section 14087.59 -to of the Welfare and
Institutions Code, relating to Medi -Cal.
LEGISLATIVE COUNSEL'S DIGEST
SB 4, as amended, Mendoza. Medi -Cal: county organized health
system: County of Orange.
Existing law establishes the Medi -Cal program, administered by the
State Department of Health Care Services, under which health care
services are provided to qualified, low-income persons. The Medi -Cal
program is, in part, governed and funded by federal Medicaid program
provisions. Existing law authorizes a county board of supervisors, by
ordinance, to establish a commission to negotiate an exclusive contract
with the department to provide, or arrange for the provision of, health
care services under the Medi -Cal program. This system of services
provided by or through a county under these provisions is known as a
county organized health system. Existing law requires the enabling
ordinance to, among other things, specify the membership of the county
93
65E-2
SB4 —2—
commission, the qualifications for individual members, the manner of
appointment, and how long they will serve. Pursuant to this authority,
the County of Orange, by ordinance, established a commission to
provide health care services under the Medi -Cal program.
This bill would codify those provisions of the enabling ordinance that
prescribe the membership composition, the qualifications for individual
members, tenure of the members, and the procedure for removing a
member of the governing body of the commission established in the
County of–O e- Orange, known as the Orange County Health
Authority. The bill would authorize the governing body of the
commission established in the County of Orange, subject to a '/, vote
of the full membership of the governing body, to increase the number
of public members, or the number of current CalOptima members or
family members of current CalOptima members who may serve as a
member of the governing body, subject to an affirmative vote by a
majority of the Board of Supervisors of the County of Orange. The bill
would prescribe the duties and responsibilities of the governing body,
including to serve the public interest of the CalOptima members and
to ensure the operational well-being and fiscal solvency of the Orange
County Health Authority, and would require the Orange County Health
Authority to work to earn the public's trust through its commitment to
accountability, responsiveness, transparency, reliability, and
cooperation.
These provisions would remain in effect until January 1, 2023, and
as of that date would be repealed.
This bill would make legislative findings and declarations as to the
necessity of a special statute for the County of Orange.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
The people of the State of California do enact as follows
1 SECTION 1. It is the intent of the Legislature to codify certain
2 provisions of the enabling ordinance enacted by the Board of
3 Supervisors of the County of Orange that prescribe the composition
4 of the governing body of the Orange County Health Authority,
5 which is a county organized health system, known as CalOptima,
6 that arranges for the provision of health care services under the
7 Medi -Cal program. The Legislature does not intend that the
8 codification in statute of the composition of the governing body
93
65E-3
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
-3— SB4
of the Orange County Health Authority by th4- a'er: Section 2
of this act result in a new board but is instead a continuation of the
prior board, and therefore the Board of Supervisors of the County
of Orange is not required to appoint a new governing body or to
change the composition of the governing -beds. body, except as
authorized to add additional public members, or CalOptima
members or family members of CalOptima members to the board.
SEC. 2. Section 14087.59 is added to the Welfare and
Institutions Code, to read:
14087.59. (a) Notwithstanding subdivision (d) of Section
14087.54, governance of the commission in the County of Orange
established pursuant to Section '-r w 14087.54, known as the
Orange County Health Authority, shall be vested in a governing
body consisting of 10 members: nine voting members and one
nonvoting member. The nonvoting member shall be the Director
of the Orange County Health Care Agency. The nine voting
members shall be nominated by the Orange County Health Care
Agency and appointed by a majority vote of the Board of
Supervisors of the County of Orange and shall consist of the
following:
(1) Two members shall each be a member of the Board of
Supervisors of the County of Orange, with one additional member
of the Board of Supervisors of the County of Orange to serve as
an alternate.
(2) One member shall be a current or former hospital
administrator.
(3) One member shall be a representative of a community clinic.
(4) One member shall be a member of the public who is a legal
resident of the County of Orange.
(5) One member shall be a practicing licensed medical provider
who is not an owner or officer, or a member of the board of
directors, of a contracted independent physician's association or
provider network.
(6) One member shall be a current CalOptima member or a
family member of a current CalOptima member.
(7) One member shall be an accounting or public finance
professional, or an attorney who is an active member of the State
Bar.
65E-4
93
SB 4 —4
1 (8) One member shall be a practicing licensed physician who
2 is a representative of a contracted independent physician's
3 association or provider network.
4 (b) Each member of the governing body shall reside in, or be
5 employed in, the County of Orange and shall be generally
6 representative of the diverse backgrounds, interests, and
7 demography of persons residing in the County of Orange. Each
8 member of the governing body shall have a commitment to a health
9 care system that seeks to improve access to high-quality health
10 care for persons served by the commission and that in fact delivers
11 high-quality care and is financially viable. Each member shall
12 possess the requisite skills and knowledge necessary to design and
13 operate a quality publicly assisted health care delivery system.
14 (c) (1) Members of the governing body of the commission shall
15 serve four-year terms, except for those members who are members
16 of the Board of Supervisors of the County of Orange who shall
17 serve a one-year term.
18 (2) A member of the governing body described in any of
19 paragraphs (2) to (8), inclusive, of subdivision (a) shall serve no
20 more than two consecutive terms. This limitation shall apply only
21 to service for consecutive terms. No other limitation on the number
22 of terms a person may serve is intended.
23 (3) A member of the governing body of the commission may
24 be removed from the governing body by a vote in favor of that
25 removal of at least two-thirds of the full membership of the Board
26 of Supervisors of the County of Orange.
27 (d) The governing body of the commission, subject to a
28 two-thirds vote of the full membership, may increase the number
29 of public members, or the number of members who are current
30 CalOptima members or family members of current CalOptima
31 members who may serve as a member of the governing body,
32 subject to an affirmative vote by a majority of the Board of
33 Supervisors of the County of Orange, provided, however, that a
34 change in the composition of the governing body under this
35 subdivision shall not result in the elimination of any member
36 described in subdivision (a).
37 (e) Each member of the governing body shall have the
38 responsibility and duty to follow the requirements of applicable
39 federal and state laws and regulations, to serve the public interest
40 of the members of CalOptima, and to ensure the operational
93
65E-5
-5— SB4
1 well-being and fiscal solvency of the Orange County Health
2 Authority. Members of the governing body shall further strive to
3 improve health care quality, promote prevention and wellness,
4 ensure the provision of cost-effective health and mental health
5 care services, and reduce health disparities. The Orange County
6 Health Authority shall work to earn the public's trust through its
7 commitment to accountability, responsiveness, transparency,
8 reliability, and cooperation.
9 ()9 This section shall remain in effect only until January], 2023,
10 and as of that date is repealed, unless a later enacted statute that
11 is enacted before January 1, 2023, deletes or extends that date.
12 SEC. 3. The Legislature finds and declares that a special statute
13 is necessary and that a general statute cannot be made applicable
14 within the meaning of Section 16 of Article IV of the California
15 Constitution because of the unique circumstances applicable to
16 the County of Orange with respect to the operation and governance
17 of the Orange County Health Authority, which is a county
18 organized health system known as CalOptima.
M
65E-6
93
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
PUBLIC HEARING — RESOLUTION
ESTABLISHING AND AMENDING SANTA ANA
MUNICIPAL CODE CHAPTER 39 FEES FOR
FISCAL YEAR 2017-2018
{STRATEGIC PLAN NO. 4, 1}
CIT ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
=••;• N,
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As Recommended
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As Amended
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Ordinance on 1" Reading
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Ordinance on 2otl Reading
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Implementing Resolution
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Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a resolution establishing and amending fees for Water and Sewer Enterprise services.
On July 5, 2017, the City Council amended Santa Ana Municipal Code Chapter 39, Water and Sewers.
That action necessitates reflecting the fees that used to be referenced by ordinance to now be included
within the Miscellaneous Fee Resolution. This action does not alter the previously adopted fee amounts in
the prior ordinance version.
As part of a separate work effort, a comprehensive fee study is being performed to evaluate these and
other fee amounts in the Miscellaneous Fee Schedule. The results of the study will be presented to the
City Council.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #4 - City Financial Stability, Objective #1
(maintain a stable, efficient and transparent financial environment).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
75A-1
Public Hearing — Resolution establishing and Amending
Santa Ana Municipal Code Chapter 39 Fees for Fiscal
Year 2017-2018
August 1, 2017
Page 2 of 2
re Mousavipour
Executive Director
Public Works Agency
FM/NS
Exhibits: 1. Ordinance NS -2921
2. Resolution
75A-2
jmf6/22/2017
Exhibit 1
ORDINANCE NO. NS -2921
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REPEALING AND
REENACTING IN THEIR ENTIRETY ARTICLES I,
II, III, AND V OF CHAPTER 39 OF THE SANTA
ANA MUNICIPAL CODE REGARDING WATER
AND SEWERS AND AMENDING RELATED
SECTIONS 1-18.2, 16-38, 18-602, AND 18-603 OF
THE SANTA ANA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows.
A. For the purpose of maintaining public health and good order, Chapter 39
of the Santa Ana Municipal Code governs the provision and use of potable water,
recycled water, and sanitary sewer services throughout the City. Chapter 39 defines
and regulates the relationships between the City's water and sewer enterprises and the
community, especially its ratepayers, and delineates the attendant responsibilities,
rights, and restrictions of the parties.
B. Chapter 39 has been amended in various respects since 1952, albeit in
more limited fashion. Most recently, in 2015, Article VI of Chapter 39 was amended to
update the City's water shortage contingency plan, as prompted by statewide drought
conditions then in effect and that only recently have abated.
C. Each amendment to Chapter 39 has individually served the City well,
though they have left Chapter 39 in need of a more comprehensive revision.
D. In order to synthesize the iterations of the prior amendments, improve
upon the language, and provide clearer direction to staff and the public, it is desirable
that Chapter 39 undergo a more comprehensive update, including the repealing of
Article V, whose function is no longer necessary because the Memory Lane Sewer Line
has been fully funded and completed.
E. Accordingly, Articles I, II, III, and V of Chapter 39 of the Santa Ana
Municipal Code shall be updated by repealing and reenacting such articles.
F. As a result of these updates to Chapter 39, certain other sections of the
Santa Ana Municipal Code will no longer be in harmony. These sections shall be
amended concurrently to align with the updates to Chapter 39.
Ordinance No. NS -XXX
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SECTION 2. Article I of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 3. Article I of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows:
ARTICLE I. - IN GENERAL
Sec. 39-1. - Water and sewer service outside city limit.
Except as provided by this chapter, no water or sewer service shall be made with
the water or the sewer systems of the city for the rendering of service in any area not
within the city limits, and no service to any area within the city limits shall provide water
or sewer service to any area outside of the city limits, even though such areas outside
the city limits may stand of record as owned by the same person or persons receiving
water or sewer service on adjacent land within the city limits. The record owner of any
parcel of land adjacent to the city's boundaries who desires to obtain water or sewer
service shall make a request to the director of public works for such service and agree
to execute with the city a legally binding agreement or contract in compliance with all
conditions of water and sewer service in this chapter, California Government Code
section 56133, and the rules of the Orange County Local Agency Formation
Commission. Parcels adjacent to the city's boundaries that are being served by the city
water or sewer systems at the time of adoption of this ordinance shall, by December 31,
2018, request and execute with the city a similarly compliant agreement for continued
service. Failure to complete a water or sewer service agreement may result in the
discontinuation of the sewer or water service.
Sec. 39-2. - Water and sewer systems development impact fees.
Development impact fee(s) shall be imposed on development project(s) that
require water and or sewer facilities necessary to accommodate growth resulting from
the development(s). Development impact fee(s) may be established by ordinance or
resolution of the city council in compliance with California Government Code section
66000 et seq.
Sec. 39-3. - Water and sewer systems design standards.
(a) All water system distribution, storage, and treatment system components,
combined as one functional unit or system or individually, regardless of ownership and
location, that connect to the city's domestic water system, directly or indirectly, shall be
designed, constructed, and inspected in accordance with the Santa Ana Municipal
Code, the City of Santa Ana standard plans, the latest edition of the Standard
Specifications for Public Works Construction (Green Book), the American Water Works
Association Standards, and the California Waterworks Standards.
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(b) All sewer mains, laterals, manholes, lift stations, and other sewer system
appurtenances, regardless of location and ownership, that connect to the city's sewer
collection system, directly or indirectly, shall be designed, constructed, and inspected in
accordance with the Santa Ana Municipal Code, the City of Santa Ana standard plans,
and the latest edition of the Standard Specifications for Public Works Construction
(Green Book).
Sec. 39-4. - Charges, fees, and deposits.
All charges, fees, and deposits in this chapter shall be adjusted from time to time
and established by the city council by resolution and as applicable shall be specified by
the city's miscellaneous fee schedule.
Sec. 39-5. - Private water and sewer lines
(a) Water distribution lines and sewer collection lines constructed in private
streets or in local streets not meeting the design criteria established by the director of
public works shall be designated as private lines. It is the sole responsibility of the
owner to operate and maintain the private water distribution lines, including without
limitation all routine and emergency repairs, operation, and upkeep of all above ground
appurtenances and underground valves, fittings, pipes, and service connections up to
and including the meter curb stop. It is the sole responsibility of the owner to operate
and maintain the private sewer collection lines, including without limitation all routine
and emergency repairs, operation, and upkeep of sewer manholes and sewerage lift
pumps.
(b) The private line owner's responsibility starts at the property line of the
development served. Before construction, engineering plans for the construction of
private lines must be submitted to the Public Works Agency and the Planning and
Building Agency for review and approval in a manner consistent with the city's water
and sewer systems design standards as described in section 39-3. Private water lines
not constructed in conformance with these standards will be declared unapproved water
systems requiring a higher degree of protection against cross -connection. Looped water
lines must be protected against backflow at each connection to the city's public water
system.
(c) Any modifications to private lines and their appurtenances shall be
performed in accordance with the city's standard plans and the California Waterworks
Standards. This includes without limitation the renewal, addition, or removal of service
connections. All work must be permitted by the Public Works Agency and the Planning
and Building Agency. Private water lines with non -conforming modifications will be
declared unapproved water systems requiring a higher degree of protection against
cross -connection than a reduced pressure principle assembly. Upon completion of the
project, and prior to gaining occupancy permits to any of the units served with water and
sewer, as -built plans stamped by an engineer licensed by the state of California must be
submitted and approved by the Public Works Agency.
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(d) The city shall require the installation of a water meter in accordance with
section 39-23(b) on every service connection to each dwelling unit, irrigation system,
common area amenity, and individual commercial unit tapped from the private water
line. The city will be responsible for the maintenance of the water meters, including
meter reading, meter testing, meter repair, and replacement. To maintain, inspect, test,
and read the public water meters, both an access easement to the development and a
maintenance easement, confined to the water service meter box, shall be granted to the
city by the private property served.
(e) The allowance or permitting by the city of private water lines shall not in
any way authorize the owner or private entity to resell water for profit within the city.
Secs. 39-6-39-14. - Reserved.
SECTION 4. Article II of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 5. Article II of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows:
ARTICLE Il. - WATER
Sec. 39-15. - Definitions.
As used in this article:
Afterhours means that period of time allotted by the finance director for the
performance of unscheduled water service turn on or turn off, occurring after the
regularly established hours for the performance of scheduled water service turn on or
turn off, as set by the director of finance.
Agency means Public Works Agency, City of Santa Ana.
Applicant means an individual, partnership, association, corporation,
receivership, trust, trusteeship, or agency of government, or other legal entity
recognized by the laws of the state or of the United States applying for water service.
Backflow preventer means an approved device or means to prevent backflow
into the city's potable water system.
Common area amenities means areas within residential, commercial, or
industrial developments for the common use of residents or workers managed by the
owner or his agent, including but not limited to, rental offices, club houses, picnic areas,
drinking fountains or filling stations, exercise rooms, and swimming pools.
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City means the City of Santa Ana.
Cost means charges and/or fees which include the cost to the city of labor,
materials, equipment, and overhead.
Customer means an individual, partnership, association, corporation,
receivership, trust, trusteeship, or an agency of government or other legal entity
recognized by the laws of the state or of the United States receiving water service.
Date of presentation means the date upon which a bill or notice is mailed to the
customer at their mailing address of record, or in the event that a customer has signed
up for electronic billing, the date upon which electronic notice is given to the customer at
their electronic mailing address of record.
Director of finance or finance director means the chief administrative officer of the
department of finance and management services or his authorized designee.
Director of public works means the chief administrative officer of the public works
agency, City of Santa Ana, or his authorized designee.
Department of public works or public works department means the public works
agency.
Department of finance or finance department means the finance and
management services agency.
Fee means the amount established by resolution of the city council which is
intended solely to cover the reasonable administrative costs (time, materials, overhead)
incurred in performing any specified act on behalf of any person or at any person's
request for which said person shall be liable.
Gender pronouns: The masculine includes the feminine and neutral genders.
Greywater means untreated wastewater that has not been contaminated by any
toilet discharge; has not been affected by infectious, contaminated, or unhealthy bodily
wastes; and does not present a threat from contamination by unhealthful processing,
manufacturing, or operating wastes. Greywater includes, but is not limited to,
wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines,
and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers, or
as otherwise defined by the California Health and Safety Code.
Main means the distribution pipe line located in a street, highway, public
easement, or private right-of-way which is used to serve the general public.
Master meter means a meter, read by the city, that measures water usage for an
entire property or structure, which may include common areas.
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Meter means any suitable water measuring device or facility which measures or
determines the volumetric flow of water.
Multi -family dwelling/accommodation means an apartment building, apartment
house, condominium complex, or any other group of residential units located upon a
single premises, including mobile home parks, providing the residential units therein
meet the requirements for a single family accommodation. Hotels or motels consisting
primarily of guest rooms and/or transient accommodations are not classified as
multifamily accommodations.
Municipal utility services account/billing statement means the consolidated
account and/or billing statement to which refuse service charges, sanitation service
charges, sewerage service charges and other sewerage related charges and fees,
water commodity consumption charges, and other related water service charges and
fees (including fire line service charges), together with corresponding penalties, as
applicable, shall accrue and/or are stated.
Parcel means a division of land as shown in the Orange County Assessor's
Person means an individual, partnership, association, corporation or an agency
of any governmental organization, receivership, trust, trusteeship, or other legal entity
recognized by the laws of the state or of the United States.
Premises or service address means the integral property or area, including
improvements thereon, to which water service is provided or for which an application for
water service is filed.
Private fire protection service means provision of stand-by readiness to serve
water to premises through a separate fire service line connection for fire protection only,
such fire service lines to be connected to automatic sprinkling system, hose
attachments, or hydrants.
Property owner or owner means the record owner of real property, as shown on
the most recently issued equalized assessment roll.
Recycled water means treated wastewater supplied by Orange County Water
District from the Green Acres Project, or treated wastewater of comparable quality from
such other water recycling system as the city shall designate.
Service area means all area within the city limits and the area served outside the
city limits.
Service charge or service related charge shall mean any commodity
consumption cost, whether measured by consumption or volume or whether applied as
Ordinance No. NS -XXX
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a pass-through adjustment rate, or any fixed amount or variable schedule of amounts
authorized herein or authorized elsewhere in this chapter or Code relating to refuse,
sanitation, sewerage, and water (including fire line service), as established by resolution
of the city council.
Submeter means a device that measures water consumption of an individual unit
within a multiunit residential structure or mixed-use residential and commercial
structure, and that is owned and operated by the owner of the structure or the owner's
agent.
Temporary service means a water service through a city -owned fire hydrant for
special outdoor events, fairs, construction work, irrigation of vacant property, and similar
uses which, because of their nature, will not be permanent.
Tenant improvement means changes made to the interior and exterior of a
commercial or industrial property to accommodate the needs of tenants, including but
not limited to, partitions, air conditioning, electrical, plumbing, fire protection, and
security.
Theft of water means the taking of water from any city water main, hydrant,
service, or facility without a meter or the written permission of the city in the form of a
permit or application as provided for in the provisions of this article.
Unit of water means one hundred (100) cubic feet.
Water facilities means water distribution and treatment components, individually
or as a whole, operating to provide storage, flow, and pressurized domestic water. The
following components make up water facilities: wells, reservoirs, pipelines, system
valves, control valves, fire hydrants, interties, disinfection treatment, instrumentation
and controls, power distribution, and Supervisory Control and Data Acquisition system.
Water service means the tapping connection, pipe, valves, and other facilities by
means of which water is conducted from the main water line, whether public or privately
owned, to the meter.
Sec. 39-16. - Application for turning on water and transfer of responsibility.
(a) Procedures; registration fee. An application to have water turned on or to
transfer responsibility for water charges shall be made to the finance department of the
city in conformance with the procedures established by the director of finance. A
"registration fee" for the administrative cost therefore shall be made; provided, however,
that the reversion of responsibility for water charges from a tenant to a previously
registered property owner or other customer possessing the legal right to act as a
lessor, at the time of the termination of such tenant's tenancy, shall not constitute a new
application for turning on water or transfer of responsibility for water charges and shall
not be subject to the "registration fee."
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(b) Transfer of responsibility. Within the meaning of this chapter, a transfer of
responsibility for water charges occurs when any of the following conditions are met:
(1) The owner or other customer possessing the legal right to act as a lessor,
or his authorized agent, informs the department of finance that a tenant has assumed
lawful control of the property or premises or that there has been a change of lawful
tenants; alternatively, the initial tenant or a new incoming tenant informs the department
of finance that they have assumed lawful control of the property or premises.
(2) A lease or other rental agreement (signed by the owner or his authorized
agent) is provided, clearly specifying that the named tenant shall be responsible for
municipal utility services in tenant's own name. A triple -net lease or other written
agreement obligating a tenant to pay charges for water services and other municipal
utility services provided to the property or premises in the name of the owner or lessor
shall not constitute a transfer in responsibility, and liability for the payment of water
charges shall be deemed to remain with the owner or lessor.
(c) Deposit. Each applicant, except for the property owner of record, shall
make a water service deposit at the time of making an application for turning on water
or transfer of responsibility in an amount as set forth by resolution of the city council.
The deposit may be refunded or applied as an account credit if and when all municipal
utility services account bills rendered have been paid before their delinquent date for a
period of one year.
(d) In the event occupant(s) of any property or premises having registered a
municipal utility services account and transferred municipal utility services into their own
name as tenant(s), pursuant to a lease or other rental agreement (signed by the owner
or his authorized agent) clearly specifying that the named tenant(s) shall be responsible
for municipal utility services in tenant(s)' own name, thereafter quit or otherwise vacate
the premises, then responsibility for future charges shall revert to the municipal utility
services account of the property owner.
Seca 39-17. - Applications for new water service and change in service size or
relocation.
(a) Any person desiring to request a new water service or change the size or
location of an existing water service shall make application to the agency for such
addition or change. The agency, if in its judgment determines that the change in service
size or location is advisable, will issue a permit authorizing the change. The agency
reserves the right to make the final determination of the size of the service connection
and its location. An applicant requesting the new water service or requesting the
change in service size or location shall be liable for all costs. New locations and
changes of the location or the size of water service must be built to city specifications by
a private contractor, to be hired by applicant and inspected by city.
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(b) Meters for new water service, resized service, or relocated service shall
be installed by the city. Fees for the service application, meter and installation shall be
payable in advance prior to issuance of an occupancy permit.
(c) The city shall furnish the meters.
(d) The material used for the installation of new water service or change of
the size or the location of water service shall conform to the water system design
standards in accordance with section 39-3(a).
(e) Before new water service will be permitted by the city, the customer shall
obtain any approval of facilities furnished or installed by customer, which may be
required by the Planning and Building Agency or the Orange County Fire Authority or
any other authority whose approval is required by law.
Sec. 39-18. - Facilities declared property of city; cost of repairs.
All facilities, including but not limited to water meters, meter boxes, fire hydrants
and fittings installed by the city, shall remain at all times the property of the city. Where
replacements, repairs, or adjustments of any facility are rendered necessary by the act,
omission, or negligence of the customer or of any person occupying the premises with
the consent of the customer, any expense incurred by the city shall be charged against
and collected from the customer. If the customer fails to pay such fees, the water may
be shut off until such fees are paid.
Sec. 39-19. - Water rates, service charges, fees and costs.
(a) Water commodity consumption and service charges
(1) Commodity charges. Quantitative consumption rates shall be charged in
the amount which the city council shall establish by resolution and in accordance with
applicable law.
(2) Basic service charges. Charges shall be made for services rendered to
provide and maintain a potable water supply and to provide standby readiness in the
amounts established by and for the purposes described in the resolution adopted by the
city council and in accordance with applicable law.
(3) Multi -family per unit charge. Basic service charges shall be applied to
developments that meet the definition of multi -family dwelling/accommodation where the
individual units are not individually metered by the city.
(4) Private fire service protection charge (fire line charge). A charge shall be
made for the service rendered to provide readiness to deliver relatively large quantities
of water for short periods of time for on-site private fire protection and suppression
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systems in the amounts established by and for the purposes described in the resolution
adopted by the city council and in accordance with applicable law.
(b) Fees to establish water service. All applicants, prior to connecting to a
water main or prior to an increase in size of an existing water meter or service, shall
apply and obtain a permit to do so and pay the following fees in amounts as established
by resolution of the city council.
(1) New water service application fee - see Sec. 39-17.
(2) Water meter cost and installation fee - see Sec. 39-17.
(c) City is authorized to charge/levy the following administrative and other
fees and deposits in an amount established by resolution of the city council:
(1) Turn on or turn off fee during weekdays for new water turn on services
and delinquent accounts - see Sec. 39-20(e).
(2) Afterhours turn on or turn off fee during afterhours and holidays for new
water turn on services and delinquent accounts when requested by customer - see Sec.
39-20(e).
(3) Special investigation/meter reread fee when requested by customer or
when meter was inaccessible at the time the routine meter read was attempted by the
city - see Sec. 39-20(c).
(4) Meter removal charge or meter resetting fee (to re -install meter when
meter was removed for non-payment or for violation of City Code) - see Sec. 39-20(e).
(5) Field or meter shop testing fee (when requested by customer) - see Sec.
39-21(a).
(6) Temporary construction meter deposit - see Sec. 39-24.
(7) Temporary construction meter daily rental fee - see Sec. 39-24.
(8) Field collection fee - see Sec. 39-200).
(9) Return payment service fee - see Sec. 39-20(m).
(10) Fire flow test application fee - see Sec. 39-28.
(11) Fire flow test witness fee - see Sec. 39-28.
(12) Backflow preventer third -and -final notice generation fee - see Sec. 39-
29(e).
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(13) Water service deposit - see Sec. 39-16(c).
(14) Backflow device testing administrative fee - see Sec. 39-29(e).
(15) Registration fee - application for turning on water and transfer of
responsibility - see Sec. 39-16(a).
20(k).
(16) Tag fee - see Sec. 39-20(d).
(17) Removal of unauthorized "straight pipe" connections fee - see Sec. 39-
(18) In street cut-off of water services fee - see Sec. 39-20(I).
(19) Meter read trip fee - see Sec. 39-20(e).
(20) Abstract of billing history fee - Whenever a customer of record or his agent
requests a history of charges and/or fees billed to a municipal utility services account
registered in the name of the customer, an abstract of billing history shall be provided
and an "abstract of billing history fee" shall be added to the customer's next regularly
scheduled municipal utility services account/billing statement. Whenever such request is
made by a third party pursuant to customer's letter of authorization, the fee shall be
payable in advance.
Sec. 39-20. - Payment of water bills and penalties; municipal utility services
account/billing statement.
(a) Date payment due. Water commodity consumption charges, and related
water service charges (including any fire line charges), and other fees and penalties
shall be stated as part of a municipal utility services account/billing statement along with
refuse related charges as established pursuant to section 16-38 of this Code, sanitation
related charges as established pursuant to section 18-601 et seq. of this Code,
sewerage related charges as established pursuant to section 39.55.1 et seq. of this
Code, and all above related corresponding associated penalties, and are due and
payable to the department of finance on the date of presentation and become
delinquent thirty (30) days after the date of such presentation, except that when the
thirtieth (30th) day falls on a weekend, city holiday, or city hall closure day, such bills
shall be due on the next following city working day. Any charge for water supplied to
any customer, or any related charges or fees (including fire line charges), together with
any refuse service, sanitation service, sewerage service charges, fees, or penalties due
to the city from such customer, or due from any person who has applied for water
service, as herein provided for, shall be added to any billing being currently rendered to
such person, and the same shall become a part of his current municipal utility services
account/billing statement for water service and subject to all of the provisions of this
chapter. Partial payments made upon municipal utility services account/billing
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statements shall be applied in the following order: (1) refuse service related charges, (2)
sanitation related charges, (3) sewerage service related charges, (4) water service
commodity consumption charges and related charges (including fireline service
charges) and fees established pursuant to section 39-19 of this Code, and (5)
corresponding penalties as provided respectively under sections 16-38(c), 18-603(b),
39-55.2(a), and 39-20(d) of this Code.
(b) Failure of meter to register correctly. If a meter fails to register during any
period, or is known to have registered inaccurately, the customer shall be charged for a
seasonally adjusted average daily consumption for a period of similar duration
determined when the meter was registering accurately.
(c) Meter reread and meter investigation. When a meter box is inaccessible
at the time the routine meter read was attempted by the city or when consumption
occurs in connection with a previously turned off meter, or when a customer requests
that the city verify the accuracy of the read as shown on the bill, the customer shall be
charged a "special investigation/meter reread fee" as established by resolution of the
city council for sending a field representative to the service address to investigate the
meter and obtain a reading or rereading of the meter. If the reading or rereading shows
that the previous read is in error, no special investigation/meter reread fee will be
imposed; otherwise such charge shall be added to the customer's next regularly
scheduled water bill.
(d) Penalties. A penalty of ten (10) percent shall be assessed on the unpaid
balance of all unsatisfied municipal utility services account/billing statement charges,
fees, and penalties thirty (30) days after the presentation date, in accordance with
subsection (a) of this section. Thereafter, a past due notice shall be presented to the
customer. On the next city working day following the seventh (7th) day after the date of
presentation of the past due notice, the water service shall be subject to turn off at the
premises. Two (2) days before the intended turn off of water service, a discontinuance
of service notice for non-payment "turn-off tag" shall be affixed to the premises and a
"tag fee charge" imposed for such notification service. Thereafter, service may be
discontinued if the bill is not satisfied within the time required by such notice. Once
turned off, water service shall remain off until all charges, penalties and fines have been
paid, unless an application to have the water turned on is received accompanied by
evidence satisfactory to the department of finance of change of ownership or change in
tenants. Upon the receipt of such evidence, the application for turning on water or
transfer of responsibility for water charges shall be processed as provided for in section
39-16.
(e) Turn off and turn on of service. When the water has been turned off for
non-payment or for the violation of any provision set forth in this code or any ordinance,
regulation or requirement of the city, such water shall not be turned on again unless the
violation has been corrected and all charges and penalties have been paid, unless the
turn off is exempt from such payment by reason of change of person receiving service.
A "meter turn on fee" and "meter turn off fee" shall be made for each separate trip to the
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premises for the purposes of turning on or turning off water service during weekdays for
new water turn on services and delinquent accounts and whenever otherwise requested
by customer; provided, however, that turn on or turn off of water service during
afterhours and holidays for new water turn on services and delinquent accounts when
requested by customer, shall be subject to a special "after hours turn on or turn off fee"
as established by resolution of the city council. After a water meter has been turned off
for a period of seven (7) days, the meter may be removed from the service. A "meter
removal fee" as established by resolution of the city council shall be made for the cost of
meter removal. A "meter setting fee" as established by resolution of the city council
shall be made for the reinstallation of the meter and the turning on of the water. A
,'meter read trip fee" as established by resolution of the city council shall be payable for
each trip to a customer's premises for the purposes of performing a meter read for
closing out of service, or for start of service, or for transfer of responsibility for service.
Fees as herein provided shall be added to the next water bill issued after date of turn
off, turn on, special investigation/reread, meter setting/reinstallation or other designated
trip, provided the amount is not collected in advance of the turn off, turn on, special
investigation/reread, meter setting/reinstallation, or other designated trip. For the
purposes of this article, the term "trip" shall not include the regularly scheduled routine
reading of customers' meters.
(f) Closing bill. Upon the rendering of the final bill for service, the city shall
not refund any credit balance or deposit of less than one dollar ($1.00); any checks
returned that cannot be delivered or are unclaimed shall be forfeited unless the
applicant applies for refund within twelve (12) months.
(g) Individual liability for joint service. Two or more persons who join in one
application or contract for service shall be jointly and severally liable thereunder and
shall be billed by means of a single periodic bill presented to the person designated in
the application process to receive the bill.
(h) Change of address. Water service shall not be given to any customer
upon change of address until all delinquent charges owing thereon at a former place of
residence or business have been paid.
(i) Transfer of charges. When a customer maintains separate water service
at multiple premises in the city under the same name or identity of ownership or
tenancy, and water service has been discontinued at one premises for non-payment,
the department of finance may transfer the unpaid balance owing from the account to
which service has been discontinued to any other account belonging to the customer for
which water service remains ongoing.
0) Field collection fee. When a representative of the city collects payment of
delinquent charges owing from a customer or customer's agent in the field, in lieu of
performing a turn off or removal of customer's meter, a "field collection fee" shall be
applied and collected from the customer or his agent at the same time as all other
delinquent charges and fees owing are collected.
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(k) Removal of unauthorized `straight pipe„ connections. Whenever a
customer has connected to the city's water service through an unauthorized straight
pipe connection, the city shall cause such connection to be removed and a "removal of
unauthorized straight pipe connections fee” as established by resolution of the city
council shall be made and billed to the customer.
(1) In street cut-off of water services. Whenever, in the discretion of the
director of public works any customer's access to the water service must be physically
severed by means of an in street cut-off of water service, whether due to authorized turn
on of water service, or unauthorized straight pipe connection, or other violation of city
code, an "in street cut-off fee" as established by resolution of the city council shall be
made and billed to the customer.
(m) Any charge, fee, or deposit owing to the city which has been paid by an
instrument such as a check or draft which is dishonored upon presentation for payment,
shall be void and of no effect from its inception. The director of finance, may, in his
discretion, withhold the effect of this provision if the instrument is redeemed within
fifteen (15) days of its return. Payment of charges, fees, or deposits following a
dishonor of such instrument upon presentation for payment shall thereafter be made
only by credit card, cashier's check, money order, or cash, which amount shall include
any applicable penalty, as well as a "Return Payment Service Fee". The director of
finance shall be authorized to reject payment other than by cash, cashier's check, or
money order from such customer or such customer's agent for a period of two (2) years
following any such dishonor.
(n) Water service commodity consumption charges and water related charges
and fees established pursuant to section 39-19 of this Code, and any corresponding
penalties accrued for failure to make timely payment therefore pursuant to section 39-20
shall be a civil debt owing to the city.
Sec. 39-21. - Testing of meters; leaks.
(a) A customer may request the agency to test the meter serving his
premises. The customer shall be charged a "meter test fee" to cover the cost of such
test. The fee shall not be applied if the meter is found to register not more than two (2)
percent fast. The customer shall have the right to observe the performance of the test,
and a written report of the test will be given to him upon request.
(b) When upon test, a meter is found to be registering more than two (2)
percent fast, the city will refund to the customer the amount of the overcharge based on
corrected meter readings for the period the meter was in use, but not exceeding a
period of six (6) months.
(c) When upon test a meter two (2) inches or less in size is found to be
registering more than twenty-five (25) percent slow, the city may bill the customer for
Ordinance No. NS -XXX
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75A-16
the amount of the undercharge based upon corrected meter readings, seasonally
adjusted for the period the meter was in service, but not exceeding a period of four (4)
months.
(d) When upon test a meter three (3) inches or larger in size is found to be
registering more than five (5) percent slow, the city may bill the customer for the amount
of the undercharge based upon corrected meter readings, seasonally adjusted for the
period the meter was in service, but not exceeding a period of four (4) months.
(e) Customers are required to keep their plumbing pipes, service pipes, and
all facilities on the customer's side of the meter in good order and are required, at their
own expense, to locate and repair any leaks. It is not the city's responsibility to locate
or repair any water facility on the customer's side of the meter. No allowance will be
made on a customer's bill for loss of water, once the water is delivered to the
customer's side of the water meter.
Sec. 39-22. - Finance director; responsibility; administrative authority.
(a) The director of finance shall have responsibility for administering the city's
consolidated municipal utility services accounts (refuse and refuse related, sanitation
and sanitation related, sewerage and sewerage related, and water and water related,
including fire line service) as they correlate to account establishment and maintenance,
billing, payment processing, collection, and customer service operations.
(b) To efficiently and equitably implement the purpose and intent of the
general provisions of this chapter subject to his administration, including those portions
of chapters 16 and 18 of this Code relating respectively to refuse service charges and
sanitation service charges in connection with municipal utility services accounts/billing
statements, the director of finance may vary and adjust the strict procedural, billing,
collection, enforcement, or other administrative requirements. In addition, the director of
finance shall have the power, for good cause shown, to waive, abate, adjust, refund, or
reduce any commodity consumption, charge, other charge, fee, or penalty imposed, or
deposit demanded. The director of finance may in his discretion exercise this authority
on a case-by-case basis in connection with any individual applicant or customer, or
other person or legal entity, or on a class -by -class basis in connection with any
category, class or subclass of applicants, customers, or other persons.
(c) In connection with the above described chapters and provisions subject to
his administration, the director of finance shall have the authority to settle, discontinue,
or waive the collection of any claim, or class of claims, for good cause shown, or if it
appears that further proceedings would be without merit, or if the administrative or legal
cost therefore would be excessive, or if the amount of the claim in question is de
minimus. A claim, or class of claims, shall be deemed to be de minimus whenever the
total amount of the claim is determined by the director of finance to be equal to or less
than the total anticipated administrative costs associated with collecting the amount.
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The director of finance may in his discretion determine this amount on a case-by-case
basis or on a class -by -class basis.
(d) The director of finance shall have the further authority to interpret, make
rules and regulations, and establish guidelines not inconsistent with the provisions of
this chapter, subject to his administration, or those portions of chapters 16 and 18
relating respectively to refuse service charges and sanitation service charges in
connection with municipal utility services accounts/billing statements, as may be
necessary or desirable to aid in the administration or enforcement of such provisions,
including the establishment of service hours for scheduled water service turn on and
turnoff, as well as afterhours periods for the performance of unscheduled water service
turn on or turn off.
Sec. 39-23. - General regulations.
(a) There shall be the following types of water services:
(1) Domestic -residential. Domestic -residential water service shall be used to
serve domestic water to residential units, including single-family detached homes, single
family attached units, residential units within multi -family developments such as
apartments, condominiums, and townhomes, residential units within a mixed-use
development, and mobile home spaces.
(2) Domestic -commercial. Domestic -commercial water service shall be used
to serve domestic water to motels, hotels, restaurants, office buildings, commercial
centers, and strip malls.
(3) Domestic -municipal. Domestic -municipal water service shall be used to
serve domestic water to federal, state, county, and city government offices, buildings
and parks.
(4) Domestic -industrial. Domestic -industrial water service shall be used to
serve domestic water to industries such as chemical and allied products, food, mining,
paper and allied products, petroleum refining, and steel.
(5) Domestic -institutional. Domestic -institutional water service shall be used
to serve domestic water to hospitals, convalescent homes, developmental facilities, long
term care facilities, nursing homes, psychiatric facilities, rehabilitation facilities, and
developmental disability facilities.
(6) Domestic -common area. Domestic -common area water service shall be
used to serve domestic water to clubhouses, on-site laundry rooms, recreational areas,
exercise rooms, drinking fountains, cooling equipment and make up water for
recirculating decorative fountains.
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(7) Irrigation. Irrigation water service shall be used for irrigation systems to
establish and maintain landscape areas, lawns, trees, gardens, and shrubs; assist crop
and pasture growth; or to maintain vegetation on recreational lands such as parks,
sports fields, and golf courses. Irrigation includes water that is applied for pre -irrigation,
chemical application, weed control, field preparation, harvesting, and dust suppression.
Irrigation water service shall be used to irrigate all non-residential irrigated landscapes
of 1,000 sq. ft. and residential irrigated landscape of 5,000 sq. ft. or greater.
(8) Industrial. Industrial water service shall be used to serve water to
industries that use water in their manufacturing or any portion of their fabrication or
process systems.
(9) Recycled water. Recycled water service, if available, shall be used in
accordance with section 39-38.
(10) Fire protection. Fire protection services shall be used for fire protection
systems pursuant to the local fire code as specified in section 39-27.
(b) There shall be the following metering requirements:
(1) Each individual residential unit, commercial unit, industrial unit, and mobile
home space shall be individually metered by city or submetered as required by
applicable law.
(2) Residential lots with landscape area over 5,000 sq. ft. shall be required to
have a dedicated irrigation service and water meter.
(3) Non-residential lots with landscape area greater than 1,000 sq. ft. shall
have dedicated irrigation service and water meter.
(4) At the discretion of the director of public works, master metering can be
allowed if site conditions prohibit the installation of individual meters, or submeters are
proposed by the developer.
(5) Newly constructed multiunit residential structures or newly constructed
mixed-use residential and commercial structures for which an application for a water
connection, or more than one connection, is submitted after January 1, 2018, shall at
the owner's sole cost and responsibility have a measurement of the quantity of water
supplied to each individual residential dwelling unit as a condition of new water service.
The measurement may be by individual water meters or submeters. The owner shall be
required to install and read such meters, unless otherwise agreed by the city.
(6) Multifamily dwellings and common interest developments including
apartment complexes, condominiums, townhomes, mixed use developments, and
mobile home parks with common area amenities shall have a dedicated domestic -
common area water service and meter.
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(c) Meter required. Every water service, except fire protection services
meeting conditions of section 39-27, shall have a meter installed in the service line in
the public right-of-way or a dedicated easement.
(d) Maintenance of customer's facilities. Customers shall prevent all waste of
water and keep their service pipes, all plumbing fixtures, pipes, and other apparatus
(except facilities owned by the city) in good repair and free from leakage and backflow
at their own expense. Customers shall be liable for all damages which may result from
the customer's failure to maintain such facilities in good repair and free from leakage
and backflow.
(e) Vacated premises. Water rates will be charged for vacated premises until
the city is notified of the discontinuance of the use of water, and is requested to turn off
the water.
(f) Admittance to premises. Any authorized employee of the city shall be
admitted at all reasonable hours to all appropriate parts of the premises supplied with
water to see that the provisions of this article, resolutions adopted pursuant hereto, and
administrative regulations published in accordance herewith are carried out.
(g) Unauthorized turn -on or tampering. No one except an authorized
employee of the city shall turn the water on or off from or to any premises at any city
curb stop, or connect or disconnect, or in any way tamper with, any pipes in the meter
boxes or with any other part of the water system of the city.
(h) Resale or distribution. No customer supplied by the city shall
commercially supply water to any other person on property other than the premises for
which the customer has applied for service, except as may be permitted by special
agreement with the agency. Water used by any customer shall be restricted to that use
specified in the application or permit for such service.
(i) Utility emergency requirements. All faucets, sprinklers, hose nozzles, or
other continuous streams must be shut off promptly upon the sounding of an alarm of
fire or upon notice of other emergency or major disaster. The water shall not be turned
on again until the fire is known to be extinguished or the required repairs have been
made.
0) Shut -offs for extensions and repairs. The city reserves the right upon
reasonable notice, if possible, at any time to shut off the water in its mains for the
purpose of making extensions or repairs, or for other purposes, and all persons having
boilers within their premises not supplied with tanks or cisterns, but depending upon the
pipes of the city to keep them supplied, shall caution against the danger of collapse.
(k) Responsible owner or applicant. In all cases where water is supplied to
several tenants from one connection or tap, the city contracts only with the person
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designated on the application. Failure by such person to comply with the provisions of
this article, or with resolutions or regulations enacted or adopted pursuant hereto shall
be sufficient cause to disconnect all service until such ordinances, resolutions or
regulations are complied with.
(1) Right of agency to install facilities. The city shall have the right at any
time, and at any point for good cause, to install or change any water meter, detector
check, backflow preventer, and fittings as required by this article, and the customer shall
bear all costs for work so performed. Failure to pay for these facilities as set forth in this
article shall relieve the city of any responsibility to provide any service and the service
shall be disconnected until full payment of costs, interest, and penalties has been made
to the city.
(m) Nonliability of city for interruption in service. The city shall not be liable for
damage resulting from interruption of service, shortage, insufficiency, or quality of
supply.
(n) Notice to customer for shutdown of service. In case of emergency or
during normal water system maintenance and repair operations, whenever possible, all
consumers affected will be notified prior to any shutdown of service.
(o) Temporary shutdowns authorized. Temporary shutdowns may be
restored by the city for improvements and repairs and the city shall not be liable for any
loss or damage occasioned thereby.
(p) Inspecting apparatus—Right of city. The city reserves the right of
inspection of customer's apparatus at all times.
(q) Resale of water prohibited. Where submeters are utilized, customer shall
not resell to another person at any charge higher than his pro rata share of the total
charges as rendered by the agency.
(r) Pressure and supply. The city assumes no responsibility for loss or
damage because of high water pressure or lack of water or pressure and merely agrees
to furnish such quantities and pressure as are present in its general distribution system.
The service is subject to shut down and variations required by the operation of the
system. Any pressure regulation to control water pressure greater than 80 psi (pounds
per square inch) shall be the responsibility of the customer.
(s) Curb stops. There shall be a curb stop or valve in every attachment just
inside the curb at a point to be designated by the city. The curb stop and box will be
supplied by the city and shall be for its exclusive use and under its exclusive control.
(t) Damage to customer's property. The city will not be responsible for
damages to buildings or their contents from any break in a water pipe beyond the street
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service box. Water customers shall, for their own protection, provide at their own
expense another valve at the first suitable point beyond the meter.
(u) Unused service connection. Any service connection which has been
installed for a period of ten (10) years or more and has not been activated for ten (10)
years shall be considered inactive and obsolete. Any person desiring water service for
such premises or any portion thereof formerly supplied by the inactive service shall
make application for a new service connection and pay the current charge therefore.
(v) Meter box or hydrant obstruction. No person shall place trash, dirt,
building materials, or other objects or obstructions on or around meter boxes or on,
around, or adjacent to city hydrants. No person shall allow the meter boxes or hydrants
to become obstructed or obscured by vines, trees shrubs, plants, or in any manner so
as to make their location difficult to determine, or so as to interfere with or render
difficult free access to, or use of, meter boxes or fire hydrants. In the event of
obstruction or obscuring, notice shall be given by the agency to the property served by
such meter, or adjacent to such hydrant; such notice shall contain the requirement that
the obstruction be removed within twenty-four (24) hours. Where a meter box is
obstructed or obscured so that it cannot be read, a "special investigation/meter reread
fee" shall be made for returning to read the meter.
(w) Responsibility of city. The city's responsibility ends at the customer's side
of the meter or where the city's facilities terminate.
(x) Above ground water system appurtenances. Fire hydrants and
aboveground backflow prevention devices, fire connection stand pipes and above
ground meters shall be entirely color coded as follows:
Public fire hydrant White
Private fire hydrants OSHA Red
Irrigation meter and Backflow Prevention Device Green
Domestic meter and Backflow Prevention Device Blue
Fire Backflow Prevention Device and fire connection standpipes OSHA Red
All colors shall follow the city's standard specification as established by the agency
(y) Fire hydrant location. Fire hydrants shall be installed in locations specified
by the agency. If an applicant requests, and the agency approves, a change in the size,
type, or location of specified hydrants may be made. The applicant shall pay any
additional costs required to comply with the request.
Sec. 39-24. - Temporary service; fire hydrant meters.
(a) Use of fire hydrants as temporary water service. City fire hydrants are
provided for the primary purpose of extinguishing fire and shall be opened and used
only by the agency, fire department, or such persons as may be authorized by permit.
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No person shall draw water from any fire hydrant without a permit. Water shall be drawn
from hydrants by use of a standard fire hydrant wrench, an auxiliary valve, and meter.
Such auxiliary valve and meter shall be placed on the fire hydrant outlet with the
auxiliary valve closed before any fire hydrant valve is opened. Any person using a fire
hydrant without the required permit, tools, and meter may be charged with theft of
water.
(b) Permits shall be issued in the following manner
(1) Permits shall be issued for a period not to exceed six (6) months.
Renewals for the same location or permits for a different location may be granted only
after the city has inspected the meter for damage or tampering and has determined the
amount of water used as recorded by the meter and that all bills due and payable have
been paid or that the amount of deposit is adequate to cover all unpaid bills or cost of
repairs.
(2) Permits shall not be granted to any individual business or agency known
to be in violation of any provision of this Code.
(3) Permits shall show the name and address of the permittee, the date
issued, the expiration date, the number and location of each hydrant from which water
may be obtained, and the amount of money deposited.
(4) Deposits may be transferred from one permit to another only if all the
conditions of (1) and (2) above have been met.
(c) Deposit and fees. Upon granting any permit under this section, the
agency shall require the applicant to make a deposit as set by resolution of the city
council sufficient to cover cost of meter with stand, auxiliary valve, and hydrant wrench.
Deposits will be refunded upon the return of undamaged meter and tools and payment
for water used. All or part of the deposit may be forfeited for failure to report the amount
of water used monthly, for failure to pay any bill, or for failure to return any meter and
tools issued to the permittee.
(d) Fees. A daily meter rental fee as set by resolution of the city council, in
addition to the cost of water used, shall be charged for each day the meter is in
possession of the permittee. A minimum fee equal to the total of the daily rental charge
for five (5) days shall also be established. The rental and cost of the water used may be
deducted from the deposit.
(e) Timing. Upon completing the Fire Hydrant Meter Permit Application, a fire
hydrant meter will be installed by the city at the location specified in the permit within
forty-eight (48) hours of the completed application.
Sec. 39-25. - Water measurement
75A-23
Ordinance No. NS -XXX
Page 21 of 66
(a) Every water service as defined in this chapter shall be metered.
(b) Water services shall be designated according to the type of use as defined
in this chapter.
(c) Only duly authorized employees or agents of the city shall be permitted to
install water meters. Following the final acceptance of the water service and meter, the
meter and the service connection shall belong to the city and are the sole property of
the city.
(d) Meters will be read at regular intervals for the preparation of regular bills
and as required for the preparation of opening bills, closing bills, and special bills.
Sec. 39-26. - Continuity of service.
(a) The city will exercise reasonable diligence to furnish a continuous and
sufficient supply of water to its customers and to avoid any shortage or interruption of
delivery thereof. It cannot, however, guarantee a continuous or sufficient supply or
freedom of interruption.
(b) The city shall not be liable for interruptions or shortage of supply, nor for
any loss or damage occasioned thereby.
(c) Whenever, in the operation of the city's water system, interruption in the
delivery of water to customers results from or is occasioned by cause other than the
exercise by the city of its right to temporarily suspend the delivery of water for the
purpose of making repairs or improvement to its system, notice of any such interruption
will not be given to the customers of the city, but the city shall exercise reasonable
diligence to reinstitute delivery of water.
(d) The city, whenever it shall find it necessary for the purpose of making
repairs or improvements to its system, shall have the right to temporarily suspend the
delivery of water. In all such cases, as reasonable notice as circumstances will permit
will be given to the customer, and the making of such repairs or improvements will be
completed as rapidly as may be practicable and at such times as will cause the least
inconvenience to its customers.
Sec. 39-27. - Private fire protection service.
(a) The use of separate fire protection services shall be limited to servicing
structural and buildings fire sprinkler systems, fire hoses, on-site fire pumps, fire
department connection standpipes, and fire hydrants. No such service shall be used for
any purpose other than flushing, fire flow testing, and the extinguishment of fires. All
such services shall be equipped with an approved double check valve assembly in
accordance with section 39-29(i) at the expense of the owner.
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(b) A private fire protection service required to be flow tested routinely shall
be equipped with an appropriately sized fire service meter approved by the Orange
County Fire Authority.
(c) For non-residential tenant improvement projects that require a permit, plan
check, or design review costing $50,000 or more, an approved double check valve
assembly shall be installed on the existing private fire service.
Sec. 39-28. - Fire flow tests.
Fire flow tests shall be performed by a certified fire protection professional. An
application shall be submitted and a permit issued to the individual requesting the test
prior to conducting the test. The flow test must be witnessed by a representative of the
agency. A fire flow application fee and a fire flow witness fee, as set by resolution of the
city council, shall be the responsibility of the applicant.
Sec. 39-29. - Protection of public water supply.
(a) State regulations adopted. The regulations of the State of California
related to Drinking Water Supplies, Title 17, as they are now in effect or as they may be
amended in the future, insofar as the same are applicable to the protection of the water
supply of this city, are hereby adopted, incorporated herein and made a part hereof.
(b) Purpose; applicability.
(1) The purpose of this section is:
(A) To protect the public water supply against actual or potential cross -
connection by isolating within the premises contamination that may occur because of
some undiscovered or unauthorized cross -connection on the premises;
(B) To eliminate existing connections between drinking water systems and
other sources of water that are not approved as safe and potable for human
consumption;
(C) To eliminate cross -connections between drinking water systems and
sources of contamination; and
(D) To prevent the making of cross -connections in the future.
(2) It is unlawful to make or maintain, for any period of time whatsoever, any
cross -connection between plumbing pipes or water fixtures being served with water by
the agency and any other source of water supply, or to maintain any sanitary fixture or
other appurtenances or fixtures which may cause or allow backflow of water or other
substances into the water supply system of the city and/or the service of water pipes or
fixtures of any customer of the city.
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(3) No water service connection to any premises of a type specified in
subsection (i) of this section shall be installed or maintained unless the public water
supply is protected as required by applicable state regulations and this section.
(c) Approval.
(1) Each backflow preventer required hereunder shall be approved by the
agency prior to installation and shall be installed by and at the expense of the customer
for continued service or before a new service will be granted.
(2) The agency shall approve a device when the device has received
approval by the Foundation for Cross -Connection Control and Hydraulic Research of
the University of Southern California (or other qualified organization as designated by
the agency), and will provide desired service and reliability. The agency shall provide,
upon request, to any affected customer, a list of approved devices.
(d) Installation.
(1) Devices shall be installed as close as practical to the customer's service
connection and shall be installed above grade in an accessible location approved by the
agency.
(2) Devices shall have at least the same cross-sectional area as the water
meter. In those instances where it is determined that a continuous water supply is
necessary, two (2) sets of devices shall be installed in parallel. Where parallel devices
are required, the sum of the cross-sectional areas of the devices shall be at least
equivalent to the cross-sectional area of the meter.
(e) Maintenance, testing, and records.
(1) The customer shall test and service such devices at least once a year and
immediately after installation, relocation, or repair. A report, in a form acceptable to the
agency, which sets forth the results of such test(s) shall be filed immediately with the
agency. The agency may require a more frequent testing schedule if it is determined to
be necessary and all costs shall be borne by the customer.
(2) Devices shall be serviced, overhauled or replaced whenever they are
found to be defective. All costs of such service, overhaul or replacement, including
testing, repair, and maintenance shall be borne by the customer. The agency may
require device information, such as location and pictures, to be submitted with the test
forms.
(3) The agency will supply affected customers with a list of persons
acceptable to the agency to test devices.
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(4) The agency will notify affected customers when annual testing of a device
is needed. Failure to notify shall not relieve the customer of the obligation to test and
service its devices.
(5) Upon the issuance of a third and final notice to test a device, the agency
may impose a backflow preventer third -and -final -notice generation fee in an amount
established by resolution of the city council.
(6) The city reserves the right to hire a private tester to test the device and bill
the customer for the cost of the test plus a backflow device testing administrative fee as
set by resolution of the city council, which shall be the responsibility of the applicant, if a
device has not been maintained and tested within six months, or one hundred eighty
(180) days, from the date when the first notice regarding testing was mailed.
Reasonable efforts to notify the customer of the impending testing will be made.
(f) Backflow prevention device removal.
(1) Notification and approval. The agency must be notified and approval must
be obtained from the agency before a device is removed.
(2) Removal in general. The use of a device may be discontinued and the
device removed from service upon presentation of sufficient evidence to the agency to
verify that a hazard no longer exists or is not likely to be created in the future.
(3) Removal for relocation. A device may be relocated following confirmation
by the agency that the relocation will continue to provide the required protection to
satisfy installation requirements. A retest will be required, prior to return to service,
following the relocation of the device.
(4) Temporary removal for repair. A device may be removed for repair or
service, provided water use is either discontinued until repair is completed and the
device is returned to service, or the service connection is equipped with backflow
protection approved by the agency. A retest will be required, prior to return to service,
following the repair or service of the device.
(5) Temporary removal for replacement. A device may be removed and
replaced, provided water use is discontinued until the replacement device is installed.
All replacement devices must be approved by the agency prior to being put into service
and must be commensurate with the degree of hazard involved. A retest will be
required, prior to return to service, following the replacement of the device.
(g) Water system survey.
(1) Plans and specifications must be submitted to the agency upon request
for review of possible cross -connection hazards for new or existing service connections.
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If it is determined that a device is necessary to protect the public water system, the
required device must be installed before service will be provided or continued.
(2) The agency may conduct an on -premises inspection or reinspection to
evaluate cross -connection hazards. Any customer which cannot or will not allow an on -
premises inspection of their piping system shall be required to install the device the
agency considers necessary.
(h) User supervisor. At each premises where it is necessary in the opinion of
the agency, a user supervisor shall be designated by and at the expense of the
customer. This user supervisor shall be responsible for the monitoring of the devices
and for avoidance of cross -connections. In the event of contamination or pollution of the
drinking water system due to a cross -connection on the premises, the agency shall be
promptly notified by the user supervisor so that appropriate measures may be taken to
overcome the contamination. The customer shall inform the agency of the user
supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.
(i) Type of protection required.
(1) The type of protection that shall be provided to prevent backflow into the
approved water supply shall be commensurate with the degree of hazard that exists on
the customer's premises. The type of device shall be one of the following:
(A) Approved air gap separation (hereinafter "AG");
(B) Approved double check valve assembly (hereinafter "DC"); or
(C) Approved reduced pressure principle assembly (hereinafter "RP").
(2) The customer may choose a higher level of protection than required by the
agency. The minimum types of backflow protection required to protect the approved
water supply at the customer's water connection to premises, with varying degrees of
hazard, are provided in Table 1 below. Situations which are not covered in Table 1 shall
be evaluated on a case-by-case basis, and the appropriate backflow protection shall be
determined by the agency.
(3) In those instances where conditions warrant, the agency may modify the
minimum installation herein indicated as appropriate to provide a degree of protection
commensurate with the degree of hazard.
TABLE 1. TYPE OF BACKFLOW PROTECTION REQUIRED
Minimum
Degree of Hazard Type
of Backflow'
Ordinance No. NS -XXX
Page 26 of 56
75A-28
s
Ordinance No. NS -XXX
Page 27 of 56
75A-29
Protection
1.
Aircraft and missile plants
RP
12.
Automotive plants
RP
3.
Auxiliary water systems (interconnected)
_J
RP
4.]
Auxiliary water systems (not interconnected)
RP
1
5
Beverage bottling plants
RP
6.
Boilers
R P
RP --
8
� Buildings greater than 3 stories or greater than 34 feet in height from
DC
curb level
Buildings with 2 or more service connections (interconnected)
DC
10.1
Buildings with house pumps and/or potable water storag"e-- tank
DC
11.
Buildings with wastewater pumping and/or treatment plants (not
interconnected)
RP
F1 IT
Canneries
RP
Car wash facilities
RP
14
Centralized heating and air conditioning plants u
RP
Chemical plants
RP
'16.
F Chemically treated potable water systems
RP
17.
civil works (facilities not subject to city plumbing inspection)
RP
Commercial laundries
RP
11-9-T--,
Cooling towers
AG
20.
Dairies and cold storage plants
RP
Dye works
RP
22.
Film processing laboratoriesRP
23.
Fire protection system with biological or chemical additives
RP
[24.
Fire protection system with unapproved auxiliary water supply (not
DC
interconnected)
25.
Fire protection system with unapproved auxiliary water supply
(interconnected)
RP
6.1
Fire protection system with storage tanks or private reservoirs
DC
27.1
Fire protection systems with 2 or more service connections
DC
s
Ordinance No. NS -XXX
Page 27 of 56
75A-29
Ordinance No. NS -XXX
Page 28 of 56
75A-30
(interconnected)
28.
Food processing plants
RP
.29.
High schools and colleges
RP
30
Holding tank disposal stations
RP
31
Hospitals (major complexes) j®__RP.-
32.
Irrigation systems
R P
Laboratories using toxic materials
RP
134.
Manufacturing, processing, and fabricating plants using toxic materials
-
RP
__
�3 5.
____ _C__
Manufacturing, and fabricating plants using nontoxic
RP
materials
36.
Medical and dental buildings
RP
37,
Mobile home parks
DC
3
Motion picture studios
RP
39.
Oil and gas production facilities
RP
40.
Paper and paper production plants
RP
41.
Plating plants
RP
I -
� 42.T
Premises where recycled water is used (not interconnected)
RP
-3. -I
------'— Radioactive —materials —processing facilities
,F4
Restricted, classified, or other closed facilities
_RP
RP
F45
Rubber plants
RP_
i46.
Sand and gravel plants
RP
477.
Sewage and storm drainage facilities
RP
48.
Any premises where there is a repeated history of cross -connections
RP
1
being established or reestablished
i
49
Unapproved water systems or private piping systems constructed-
onstructed49 without the approval of the agency or the city's planning and building
AG
agency
-
-----Premises where entry is restricted so that inspections for cross
i 50
connections cannot be made with sufficient frequency or at sufficiently
RP
short notice to assure that they do not exist
Ordinance No. NS -XXX
Page 28 of 56
75A-30
Q) Discontinuance of water service.
(1) Service of water to any premises may be discontinued by the agency,
after notice, if a device is not installed, tested, and maintained as required by this
section, or if any defect is found in an installed device, or it is found that a device has
been removed or bypassed, or if unprotected cross -connections exist on the premises,
or if the agency determines a hazard or potential hazard exists. Service will not be
restored until such conditions or defects are corrected.
(2) When the agency encounters water uses that represent a clear and
immediate hazard to the potable water supply, the agency shall institute the procedure
for discontinuing the city water service.
(3) Conditions or water uses that create a basis for refusal to provide or
termination of water service shall include, but are not limited to, any of the following
items:
(A) Refusal to install a required device.
(B) Refusal to test a device.
(C) Refusal to repair a faulty device.
(D) Refusal to replace a faulty device.
(E) Direct or indirect connection between the public water system and a sewer
line.
(F) Unprotected direct or indirect connection between the public water system
and a system or equipment containing contaminants.
(G) Unprotected direct or indirect connection between the public water system
and an auxiliary water system.
(H) A situation which presents an immediate health hazard to the public water
system.
(4) Water service termination procedures shall include the following items:
(A) For conditions (3)(A), (3)(B), (3)(C) or (3)(D) of subsection Q) above, the
agency will terminate service to a customer's premises after written notice has been
sent, specifying the corrective action needed and the time period in which it must be
done. If no action is taken within the allowed time period, water service may be
terminated.
Ordinance No. NS -XXX
Page 29 of 56
75A-31
(B) For conditions (3)(E), (3)(F), (3)(G) or (3)(H) of subsection Q) above, the
agency will take the following steps:
(i) Make a reasonable effort to advise customer of intent to terminate water
service.
(ii) Terminate water supply and lock service valve. The water service will
remain inactive until correction of violations has been approved by the agency.
(k) Information requests. Upon request, the agency will provide interested
parties with copies of section 39-29, rules and regulations for the testing and
maintenance of devices, and such other advice, information, illustrative sketches,
drawings and data as may be necessary to familiarize the customers, engineers,
architects and others with agency requirements.
Sec. 39-30. - Certification of water supply.
Before the issuance of any permit or variance or the signing of any tract map,
parcel map, lot split, or improvement plans, a certification must be obtained from the
agency stating that the water system supplying the property meets the requirements for
the last rate classification of the city by the American Insurance Association in supply,
distribution facilities and fire hydrants, or that the property is or will be served by the city.
Sec. 39-31. - Greywater systems.
No person shall construct or maintain a greywater system, as defined by the
Water Code of the State of California. In order to avoid the potential health hazard
presented by a greywater system, the public works agency may discontinue water
service to any premises on which a greywater system has been installed until such
system is removed.
Sec. 39-32. - Recycled water—Source of recycled water.
(a) The city has agreed to buy recycled water from the Orange County Water
District (OCWD) and to resell such recycled water, as contractor for OCWD, to water
users located within the jurisdictional and service boundaries of the city.
(b) Any city obligation to deliver recycled water is conditioned upon OCWD's
completing and making operational the recycled water treatment and distribution system
known as the Green Acres Project, including the distribution pipeline system necessary
to provide recycled water to users; upon OCWD's making recycled water available for
sale to users; and upon issuance of all necessary permits, certificates, and approvals by
all federal, state and local regulatory agencies having jurisdiction over the construction
and operation of water recycling facilities and over the production, distribution, sale and
use of recycled water. Any obligation is further conditioned upon OCWD being able to
acquire acceptable right-of-way access from the Green Acres Project facilities to the
Ordinance No. NS -XXX
Page 30 of 56
75A-32
users' property for distribution pipeline purposes, and upon approval of all federal, state,
and local agencies having regulatory jurisdiction or grant -funding responsibilities with
regard to the Green Acres Project facilities.
(c) The city shall have no obligation to supply recycled water beyond that
usable by the user on the property set forth in any recycled water user agreement.
Recycled water furnished by the city shall be provided solely for the user's use, and the
user shall not resell any such recycled water.
Sec. 39-33. - Same—Pressure and quality of water purchased by user.
Subject to compliance by OCWD, all recycled water delivered to users from
Green Acres Project facilities shall conform to the current and future requirements
established by the California Regional Water Quality Control Board -Santa Ana Region,
state and local health departments, and federal, state and county agencies having
jurisdiction to establish minimum standards for the quality of recycled water. Recycled
water shall be delivered on a continuous basis at the minimum and maximum pressures
set forth in the user's recycled water user agreement.
Sec. 39-34. - Same—Ownership of valves and meters.
(a) The city shall own, operate, and maintain the control valves located on
each side of the meter and the metering device installed on the service line to the user's
property. At locations where recycled water is used exclusively, the city may convert
existing service connections (including control valves and meters) from potable to
recycled water system connections. The user will own and maintain all facilities on the
user's side of the customer control valve. The user shall be held responsible and
charged for all water passing through meters at its property.
(b) The city reserves the right to determine the size of the recycled water
pipeline, the type of pipe, the service connection required, and any and all other
appurtenances related to recycled water usage which are located on the property
location to which recycled water will be delivered.
Sec. 39-35. - Same—Purchase of water by user.
(a) The city will supply recycled water to the user, and the user shall purchase
recycled water for the location(s) and purposes and in the estimated amounts set forth
in its recycled water user agreement.
(b) The user shall commence taking deliveries of recycled water after
receiving written notice of availability from the city. To the extent that the user's then -
current use of its property necessitates the use of recycled water, the user will continue
to purchase recycled water from the city. In the event that the current use of the
property is discontinued or is modified, recycled water service may be terminated by
mutual agreement in writing by the city and the user.
Ordinance No. NS -XXX
Page 31 of 56
75A-33
(c) The city reserves the right to control and schedule the use, distribution,
and delivery of recycled water if, in its reasonable discretion, control and scheduling are
necessary to maintain the recycled water distribution system in acceptable working
condition. Scheduling may include, but is not limited to, varying rates of pressure and
programming deliveries to the user and/or to portions of the user's property.
(d) If at any time during the construction or operation of the Green Acres
Project facilities, real or potential hazards, or evidence of a hazard, are found to exist,
the city reserves the right and has the authority to terminate recycled water service to
the user's property in the interest of protecting the public health. Service shall be
reinstated upon abatement of the hazard. If service is terminated pursuant to this
section, the city may supply the user with water from its potable water sources or an
alternative recycled water system at the then -current recycled water rate for up to thirty
(30) days; after thirty (30) days and until such time as the delivery of recycled water is
reinstated, the user shall pay the potable water rate if potable water is supplied or the
recycled water rate if an alternative source of recycled water is used.
(e) In the event the lack of delivery of recycled water is the result of an
operational fault of the city, the rate for the water delivered through the system will be
equal to the then -current rate for recycled water for a period of up to thirty (30) days;
thereafter, the user shall pay the regular potable rate. If the inability to deliver is beyond
the control of the city, the city shall charge and the user shall pay the regular potable
rate.
(f) In the event that OCWD ceases the production and distribution of recycled
water or in the event that the treatment criteria imposed by any regulatory authority
exceed or differ significantly from those existing as of the date of the execution of the
recycled water user agreement and application for water service, the city shall supply
potable water at the then -established potable water price. The city shall incur no liability
to the user by reason of the temporary cessation of delivery of recycled water or by
reason of the termination of such delivery.
Sec. 39-36. - Same—Price of recycled water.
The price to be paid by the user for all recycled water delivered by the city shall
be established by resolution of the city council, subject to the provision of the user's
recycled water user agreement.
Sec. 39-37. - Same—Payment.
Recycled water accounts shall be subject to section 39-20 of this chapter.
Sec. 39-38. - Same—Limitation on use.
Ordinance No. NS -XXX
Page 32 of 56
75A-34
Recycled water delivered from OCWD's Green Acres Project facilities has
restricted uses. The user shall use recycled water only upon the property of the user
and only for those uses and purposes provided for in the recycled water user agreement
and which are legally permissible under the laws of the state, as well as the rules and
regulations adopted by the city, by OCWD and by all regulatory agencies having
jurisdiction, including but not limited to the California Regional Water Quality Control
Board -Santa Ana Region, and by state and local health departments.
Sec. 39-39. - Same—Rules and regulations.
The user shall comply with all rules and regulations, including the "Green Acres
Project, Project Rules and Regulations for the Use of Recycled Water," promulgated
now and in the future by OCWD, the city, the State of California or the federal
government relating to the sale, distribution, transportation, and use of recycled water.
Sec. 39-40. - Same—Responsibility.
(a) The city's responsibility for the recycled water delivered to the user ends at
the user's side of the meter or, in the case of an unmetered or other special installation,
where the city's facilities terminate. Operation, management, maintenance, and
monitoring with respect to the storage, distribution, and other facilities under the control
of the user shall be the responsibility of the user.
(b) The user shall allow the city and/or OCWD's representatives to enter the
user's premises for monitoring, inspecting, sampling, analysis, and observation of the
user's recycled water facilities at all reasonable times. The user, its personnel,
representatives,and agents shall cooperate with the city and/or OCWD in such
activities and assist in the performance of operational tests as required. If a
determination is made that the user's facilities are not in compliance with city and/or
OCWD requirements, the user shall promptly initiate and diligently pursue to completion
action that will correct the conditions causing the noncompliance. If the user shall fail to
comply with its obligations specified herein, the city may, at the user's expense, make
such repairs, improvements, changes, or undertake such other activities as are
necessary to comply with the user's obligations. Such expense shall be payable to the
city by the user upon demand, or the city may discontinue recycled water service until
such time as the user makes appropriate repairs and the city inspects the user's system
to assure conformance with applicable rules and regulations.
Sec. 39-41. - Same—Applicability of chapter.
Recycled water accounts and service shall be subject to and shall comply with all
the provisions of this chapter, except as specified in sections 39-32 through 39-40. In
the event of conflict between sections 39-32 through 39-40 and the other portions of this
chapter, the provisions of sections 39-32 through 39-40 shall control.
Sec. 39-42. - Same—Agreement to be signed
Ordinance No. NS -XXX
Page 33 of 56
75A-35
Before any recycled water service is provided, the user shall sign a recycled
water user agreement with the director of public works, who is hereby designated as the
agent of the city to enter into such agreements, in addition to filing or obtaining any
applications or permits required by this chapter.
Secs. 39-43-39-49. - Reserved.
SECTION 6. Article III of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 7. Article III of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows:
ARTICLE III. - SEWERS
Sec. 39-50. - Definitions.
As used in this article:
Agency means Public Works Agency, City of Santa Ana.
Best management practices (BMPs) means schedules of activities, a prohibition
of practices, maintenance procedures, and other management practices to prevent or
reduce the introduction of FOG to the sewer facilities.
Change in operations means any change in the ownership, food types, or
operational procedures that have the potential to increase the amount of FOG
generated and/or discharged by FSEs in an amount that alone or collectively causes or
creates a potential for SSOs to occur.
Director of public works means the chief administrative officer of the department
of public works, City of Santa Ana.
Discharger means any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer. Discharger shall mean the same as
user or customer.
Enforcing attorney means the city attorney or district attorney acting as counsel
to the city and his/her designee.
Fats, oils, and grease (FOG) means any substance such as a vegetable or
animal product that is used in, or is a byproduct of, the cooking or food preparation
process, and that turns or may turn viscous or solidifies with a change in temperature or
other conditions.
Ordinance No. NS -XXX
Page 34 of 56
75A-36
FOG control program means the FOG control program required by and
developed pursuant to Statewide General Waste Discharge Requirements for Sanitary
Sewer Systems (State Water Resources Control Board Order No. 2006-0003-DWQ).
FOG control program manager means the agency's Water Resources Manager
and persons designated by and under his/her instruction and supervision, who are
assigned to administer the FOG control program. A consultant retained under contract
by the city may be designated as the FOG control program manager.
Food grinder means any device installed in the plumbing or sewage system for
the purpose of grinding, chopping, macerating, or pressing food waste or food
preparation byproducts for the purpose of disposing some or all food waste into the
sewer system.
Food service establishment (FSE) means food facilities defined in the California
Retail Food Code, and any commercial entity, operating in a permanently constructed
structure such as a room, building, or place, or portion thereof, maintained, used, or
operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or
otherwise handling food for sale to other entities, or for consumption by the public, its
members, or employees, and which has any process or device that uses or produces
FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed
by a type I or type II hood, as defined in the California Retail Food Code.
Grease control device means any grease interceptor, grease trap, or other
mechanism, device, or process, which attaches to, or is applied to, wastewater
plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior
to it being discharged into the sewer system. A grease control device may also include
any other method proven to reduce FOG subject to the approval of the director of public
works.
Grease interceptor means a multi -compartment device that is constructed in
different sizes and is generally required to be located outdoors and underground
between a FSE and the connection to the sewer system. These devices must be
cleaned, maintained, and have the FOG regularly removed and disposed of in a proper
manner to be effective. Also referred to as gravity grease interceptor or GGI.
Grease removal device means a type of hydro -mechanical grease interceptor
that automatically and mechanically removes non -petroleum fats, oils, and grease from
the interceptor, the control of which is either automatic or manually initiated. Also
referred to as GRD.
Grease trap means a grease control device that is used to serve individual
fixtures. These have a limited effect and should only be used in those cases where the
use of a grease interceptor or other grease control device is determined to be
impossible or impracticable. Also referred to as hydro -mechanical grease interceptor or
HGI.
Ordinance No. NS -XXX
Page 35 of 56
75A-37
Hot spots means areas in sewer lines that have experienced sanitary sewer
overflows that must be cleaned or maintained frequently to avoid blockages of sewer
system, or require maintenance that otherwise would be unnecessary.
Inflow means water entering a sewer system through a direct stormwater runoff
connection to the sanitary sewer, which may cause an almost immediate increase in
wastewater flows.
Infiltration means water entering a sewer system, including sewer service
connections, from the ground through such means as defective pipes, pipe joints,
connections, or manhole walls.
Interference means any discharge which, alone or in conjunction with discharges
from other sources, inhibits or disrupts the city's sewer system or is a cause of violation
of federal or state environmental laws.
New construction means any structure planned or under construction for which
sewer connection permits have not been issued.
Lower sewer lateral means that portion of the sewer lateral that extends from the
sewer main to the private property line.
Person means any individual, partnership, firm, association, corporation or public
agency, including the state and the United States of America.
Private sanitary sewer overflow means any surface spill, loss, or discharge of
untreated or partially treated wastewater resulting from blockages or other problems
within a privately owned sewer lateral.
Remodeling means a physical or operational change causing generation of FOG
that exceeds the current amount of FOG discharged to the sewer system by the FSE in
an amount that alone or collectively causes or creates a potential for FOG discharge to
the sewer system; or requires either a discretionary land use approval, building permit,
or plumbing permit, and involves any one or combination of the following:
(1) Under slab plumbing in the food processing area;
(2) An increase in the net public seating area;
(3) An increase in the size of the kitchen area; or
(4) Any change in the size or type of food preparation equipment.
Rules and regulations means non -punitive rules and regulations as established
by the director of public works to implement this section and the FOG control program.
Ordinance No. NS -XXX
Page 36 of 56
75A-38
Upper sewer lateral means that portion of the sewer lateral that extends from the
private property line to the structure to which it connects.
Sanitary sewer overflow (SSO) means a surface sewer spill, loss, or discharge of
wastewater from a sanitary sewer system.
Sewer district means sewer assessment districts formed for the purpose of
financing and constructing public sewer systems owned and operated by the city.
Sewer facilities means any and all facilities used for collecting, conveying,
pumping, and disposing of wastewater. Sewer facilities shall mean the same as sewer
system.
Sewer lateral means that entire connecting sewer line running from the sewer
main to the private property line and extending to the structure to which it connects.
Sewer main means the main line sewer, used as a trunk line or major channel of
passage for transporting sewage and waste, constructed in a street, highway, alley,
place, or right -or -way dedicated to public use. It shall not include sewer laterals or any
portion of them.
Waste means sewage and any and all other waste substances, liquid, solid,
gaseous or radioactive, associated with human habitation or of human and animal
nature, including such wastes placed within containers of whatever nature prior to and
for the purpose of disposal.
Wastewater means the liquid and water -carried wastes of the community and all
constituents thereof, whether treated or untreated, discharged into or permitted to enter
a public sewer.
Sec. 39-50.1. - Ownership.
(a) The City shall in no way whatsoever be responsible for any damage to
persons or property because of any leakage, breakage, or seepage from, or accident or
damage to, any sewer pipe or its appurtenances located on any private premises; nor
shall the City be responsible for or on account of any damage, injury, or loss caused
directly or indirectly by the existence on private premises of any sewer pipe or its
appurtenances.
(b) A sewer lateral from its connection to a building on the property to its point
of connection with the sewer main, inclusive of both the upper and lower sewer lateral,
shall remain the responsibility of the property owner or user with regard to maintenance,
repair and upkeep. All sewer laterals shall be maintained by the owner of the property
or user served by such lateral in a safe and sanitary condition so that there is no
seepage of waste at any point up to and including the junction of the sewer lateral and
Ordinance No. NS -XXX
Page 37 of 56
75A-39
the sewer main and so that passage of waste through the lateral to the sewer main is
free from stoppage and obstruction. All devices and safeguards that are required by
this chapter for the operation thereof shall be maintained in good working order.
Sec. 39-50.2 - Repair by city forces.
(a) Repair and maintenance of all sewer mains dedicated to the city shall be
the responsibility of the city's sewer enterprise.
(b) Except as provided herein, repair and maintenance of all privately owned
sewer mains and all lateral lines, equipment, and appurtenances connected to the city
sewer mains shall be the responsibility of the owner/user, and shall meet the
requirements contained in this article.
(c) The city's sewer enterprise may perform the repair and maintenance of all
lower sewer lateral lines within the public right-of-way, at the discretion of the director of
public works and so long as funds are available in the sewer enterprise to perform such
repair and maintenance in accordance with Resolution NS -2479.
Sec. 39-51. - Mandatory connections.
(a) All buildings or other structures which contain any plumbing fixtures and
which are located within any sewer district or district serviced by a public sewer must be
connected to a public sewer.
(b) Whenever any property shall be included in a sewer district or area served
by a public sewer, every building or other structure located on such property and
containing any plumbing fixtures shall, within ninety (90) days after completion of the
public sewer in such district or area, have all such fixtures connected to the such public
sewer, and all cesspools or septic tanks on such property shall be disconnected and
completely filled with good, sound earth at the time the sewer connection is made;
provided, however, if the property has been, previous to its inclusion in a sewer district,
connected to a public sewer and if such connection is approved by the director of public
works, such connection shall be considered as complying with the provisions of this
section.
Sec. 39-52. - Connection outside of a sewer district; permit required.
Any lot or any building or structure on any lot located within the city, but outside
of an existing sewer district or area served by a public sewer, may be connected with a
public sewer, but no person shall make any such connection unless and until he shall
have been granted a sewer permit for such connection and unless and until such
person or the owner of such lot or parcel or his duly authorized agent, shall have paid to
the agency an amount equal to that which would have been assessed to such lot or
parcel had it been in the district assessed for the existing sewer to which the connection
Ordinance No. NS -XXX
Page 38 of 56
75A-40
is to be made. The amount may be reduced at the discretion of the director of public
works to allow for extra length of house sewer or connecting sewer if necessary.
Sec. 39-53. - Connection permit required; determination of fee.
(a) Except as provided in subsection (b) below, no person shall make any
sewer connection unless a permit shall have been applied for and issued by the director
of public works. No permit for such connection shall be issued by the director of public
works as provided in this section unless the application is accompanied by the payment
of a fee to the agency in an amount which the director of public works shall determine to
be the applicant's proportionate share of the cost of construction of such public sewer,
as prescribed in subsection (c).
(b) Whenever a main sewer line is replaced by a new line, the laterals
connected to the former line shall be connected to the new line and the entire lower
lateral shall be reconstructed or rehabilitated as part of the installation thereof. In such
event, no permit shall be required from the owner or occupant of any existing premises
thus reconnected.
(c) The sewer connection fee for the applicant's proportionate share of the
cost of public sewer construction shall be computed on the following basis:
(1) The fee shall be an amount equal to the assessment per fixture unit,
multiplied by the net increase in fixture units on the parcel or parcels for which sewer
connection application is made over the total fixture units previously serviced by any
sewer line to which such parcel or parcels were connected. The number of fixture units
assigned to each plumbing fixture shall be as provided in the California Plumbing Code.
(2) In all cases of sewer connection application for the servicing of a
commercial laundry or restaurant, a fee in the amount of the standard cost per fixture
unit multiplied by thirty (30) fixture units per clothes washing or dishwashing machine
shall be assessed in addition to other fee assessments pursuant to subparagraph (1)
above.
(3) The city council shall, from time to time, establish by resolution the current
assessment per fixture unit and the sewer connection application fees resulting
therefrom in accordance with this section.
(4) All fees collected shall be deposited into the sewer connection fee fund
pursuant to article VII of chapter 13.
Sec. 39-54. - Development conditioned upon sewer line construction.
The director of public works shall review building permit applications for the
purpose of determining whether the proposed development would result in an overload
of existing sewer line capacity. No building permit which would result in such overload
Ordinance No. NS -XXX
Page 39 of 56
75A-41
shall be approved unless a sewer line of sufficient capacity be first constructed or
unless the city and the applicant enter into an agreement for its subsequent
construction. In determining the necessary sewer line capacity, the director of public
works shall take into account the anticipated future development of all parcels that use
or will use the sewer line to be constructed. The city may enter into an agreement with
any person constructing a sewer line pursuant to this section by which such person, or
his successor -in -interest, shall be reimbursed for costs of construction of a sewer line,
to the extent they exceed such person's own sewer connection fees due under section
39-53, solely from revenues in the sewer connection fee fund established by article VII
of chapter 13 of this code. Any such agreement may provide that any fee that would
otherwise be due pursuant to section 39-53 from the contracting party shall be a credit
on the contracting party's right to receive reimbursement, in which case no payment of
the fee to the city shall be required from the contracting party.
Sec. 39-55. - General regulations.
(a) Maintenance of discharger's facilities. Dischargers shall prevent the
discharge of FOG and prohibited wastes pursuant to section 39-58 and keep their
sewer laterals, cleanouts, and other apparatus (except facilities owned by the city) in
good repair and free from leakage and blockages at their own expense. Customers
shall be liable for all damages which may result from the customer's failure to maintain
such facilities in good repair and free from leakage and blockages.
(b) Vacated premises. Sewerage rates will be charged for vacated premises
until the city is notified of the discontinuance of the use of water and is requested to turn
off the water.
(c) Admittance to premises. Any authorized employee of the city shall be
admitted at all reasonable hours to all appropriate parts of the premises supplied with
sewerage service to see that the provisions of this article, resolutions adopted pursuant
hereto, and administrative regulations published in accordance herewith are carried out.
(d) Responsible owner or applicant. In all cases where sewerage service is
being provided to several tenants from one connection, the city contracts only with the
person designated on the application. Failure by such person to comply with the
provisions of this article, or with resolutions or regulations enacted or adopted pursuant
hereto, shall be sufficient cause to disconnect all service until such ordinances,
resolutions, or regulations are complied with.
(e) Damage to discharger's property. The city will not be responsible for
damages to buildings or their contents from any blockage in any portion of a sewer
lateral.
(f) Unused sewer lateral. Any sewer lateral connection which has been
installed for a period of ten (10) years or more and has not been activated for ten (10)
years shall be considered inactive and obsolete. Any person desiring sewerage service
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for such premises or any portion thereof formerly served by the inactive sewer lateral
shall make application for a new sewer lateral connection and pay the current charge
therefore.
(g) Facilities owned by city. The city's ownership of sewer facilities ends at
the point of connection between the sewer main and the sewer lateral, or, in other
special installations, where the city's facilities terminate.
Sec. 39-55.1. - Sewerage service charge—Purpose.
In order to reimburse the city, in part, for its service in transporting sewerage
from a water utility customer or other person using the city -owned sewer system and
facilities to Orange County's publicly owned treatment works and related infrastructure,
and to operate, maintain, repair, and replace the city -owned sewer system and facilities,
it is appropriate for the city to charge a sewerage service fee. This charge does not
duplicate any existing fee, charge, levy, or other toll currently collected by any public
agency, and is intended to be, and shall be interpreted as, distinct and separate from
any current or future (a) sewer standby or availability charge or assessment; (b) special
benefit assessment or special tax imposed pursuant to state or local law; (c) sewer
connection charge or sewer capacity charge paid in connection with or as a condition of
approving an application for sewer service; or (d) mitigation fee imposed on new
development pursuant to state law (California Government Code section 66000 et seq.)
or local law. Where appropriate, words and phrases used in sections 39-55.1-39.55.5
shall have the same meaning as given them under article II of this chapter.
Sec. 39-55.2. - Same—Establishment.
(a) Except as provided in section 39-55.3, upon each water utility customer of
the city there shall be imposed, in addition to the commodity charge for usage of city
water, a sewerage service charge. All sewerage service charges imposed pursuant to
this subsection, together with all charges imposed pursuant to subsections (b) and (c)
below, shall be due and payable at the same time and in the same manner and subject
to the same penalties for unsatisfied fees, charges, and penalties as provided in section
39-20 of this Code for payment of municipal utility services account/billing statements
for water utility services pursuant to article II of this chapter, but shall be listed as
separate line items on the municipal utility services account/billing statement. The
sewerage service fee shall be charged based upon the volume of usage of the city's
sewer system by the water utility customer, as measured by metered water service.
(b) Except as provided in section 39-55.3, a sewerage service charge shall be
imposed upon any person who receives potable water service from a municipal water
provider other than the city or from a private water provider, and who discharges into
the city -owned sewer system and facilities. The sewerage service charge shall be made
upon the volume of usage of the city's sewer system by the person, as measured by
metered water service or other means approved by the director of public works or
designee.
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(c) Sewer system capital recovery charge. Customers receiving sewer
service will be charged a sewer system capital recovery fee as established by
resolution.
(d) Lower sewer lateral replacement charge. Customers receiving sewer
service will be charged a sewer lateral repair fee as established by resolution.
(e) Fats, oils, and grease control program. Food service establishments and
food facilities receiving sewer service will be charged a fats, oils, and grease control
program charge as established by resolution.
Sec. 39-55.3. - Same—Exceptions.
The following types of connections shall not be liable for payment of the sewerage
service charge:
(a) Fire protection service connections when separately metered;
(b) Irrigation service connections when separately metered;
(c) Any individual, partnership, association, corporation, or agency of
government that is not connected to the city's sewerage system; provided, however,
that it shall be the obligation of the individual, partnership, association, corporation or
agency of government to present evidence of this fact to the city; or
(d) Any water utility customer who has not received city -supplied water during
a billing period.
Sec. 39-55.4. - Same—Setting charge.
The city council shall, from time to time, set a sewerage service charge in
accordance with applicable law. All monies collected from the sewerage service
charge, including penalties and interest for late payment, shall be deposited into the
sewerage enterprise fund established pursuant to chapter 13 of this code.
Sec. 39-55.5. - Same—Delinquencies.
(a) Sewerage service charges and other sewerage service related charges
established under section 39-55.2 and any penalties accrued for failure to make timely
payment therefore shall be a civil debt owing to the city.
(b) In the event that the owner and occupant of the premises or property
receiving sewerage service are the same, then said civil debt against such customer
shall constitute a lien against said property upon recordation following appropriate
action by the city council following substantial compliance with all provisions of
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California Government Code section 54354 et seq., as it may be amended from time to
time, including notice and an opportunity to be heard; except as may be provided
therein. As a separate and distinct remedy, the city attorney is authorized to bring suit
pursuant to California Government Code section 54356.
(c) Establishment of a lien against the property shall remove said sewerage
charge(s) from the City's regular consolidated municipal utility services account/billing
statement and toll the accrual of additional penalties therefore under section 39-20 of
this Code.
(d) The city shall not disconnect water utility service for failure to pay the
sewer service charge, unless such failure is accompanied by a customer's failure to pay
the water utility service, in which case disconnection of water utility service shall be
governed by article II of this chapter.
Sec. 39-56. - Fats, oils, and grease control—Purpose and policy.
(a) The purpose of this section is to allow the maximum beneficial public use
of the city's sewer services and facilities while preventing blockages of the sewer lines
resulting from discharges of fats, oils, and grease (FOG) to the sewer facilities and to
specify appropriate FOG discharge requirements for FSEs.
(b) The purpose of this section is to comply with federal, state, and local
policies regarding sanitary sewer overflows and to allow the city to meet applicable
standards and provisions for the regulations of wastewater or waste containing FOG
discharges to the sewer facilities.
Sec. 39-56.1. - Same—Rule and regulations and interpretations.
(a) The director of public works is hereby authorized and directed to
promulgate rules and regulations consistent with the provisions of this section as may
be necessary or desirable to aid in administration of this section and the FOG control
program. Any such rule or regulation may be added, modified, or deleted as
necessitated by changes in law, increased demands of regulatory agencies, or
technological improvements or advances. The rules and regulations shall be filed in the
office of the director of public works and maintained in an orderly manner readily
accessible to the public. Further, the city will provide a copy of the rules and regulations
to all FSEs at the time of initial inspection for compliance with this section. The burden
to secure and comply with the rules and regulations shall be upon the FSE and in
accordance with the goals and purposes of the FOG control program.
(b) The city manager, the director of public works, and persons designated
and under the instruction and supervision of any of them, may investigate compliance of
this chapter.
Sec. 39-56.2. - Same—Prohibitions
75A-45
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(a) Prohibitions. The following prohibitions shall apply to all FSEs:
(1) The discharge into the sewer system of FOG that may accumulate and/or
cause or contribute to blockages in the sewer system or at the sewer system lateral,
except as provided herein.
(2) The installation of food grinders in the plumbing system of new
constructions of FSEs. All existing food grinders shall be removed from FSEs within one
hundred eighty (180) days of the effective date of this section.
(3) The introduction of any additives into a FSE's wastewater system for the
purpose of emulsifying FOG, unless a specific written authorization from the FOG
control program manager is obtained.
(4) The disposal of cooking oil into drainage pipes.
(5) The discharge of wastewater from dishwashers into any grease trap or
grease interceptor.
(6) The discharge of wastewater with temperatures in excess of 140°F to any
grease control device, including grease traps and grease interceptors.
(7) The use of biological additives for grease remediation or as a supplement
to interceptor maintenance, without prior authorization from the FOG control program
manager.
(8) The discharge of waste from toilets, urinals, washbasins, and other
fixtures containing fecal materials to sewer lines intended for grease interceptor service.
(9) The discharge of any waste, including FOG and solid materials removed
from the grease control device, to the sewer system.
(b) Dishwashers and food waste disposal units shall not be connected to or
discharged into any grease trap.
Sec. 39-56.3. - Same—Best management practices required.
All FSEs shall implement best management practices (BMPs) in their operation
to minimize the discharge of FOG to the sewer system. The requirements and
guidelines for BMPs are specified in the rules and regulations.
Sec. 39-56.4. - Same—FOG pretreatment.
(a) FOG pretreatment required. Waste containing FOG shall be discharged
into the sewer system only under the conditions of this section. The following facilities
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shall discharge all waste from sinks, dishwashers, drains, and any other fixtures through
which grease may be discharged, into an adequately sized, properly maintained and
functioning grease interceptor before the discharge enters the sewer system, as well as
provide a grease interceptor effluent monitoring port.
(b) Newly constructed FSEs.
(1) A newly constructed FSE(s) shall install grease interceptors prior to
commencing the discharge of wastewater to the sewer system.
(2) Existing FSEs undergoing remodeling or a change in operations shall be
required to install a grease interceptor prior to commencing the discharge of wastewater
to the sewer system.
(c) Existing FSEs. Existing FSEs are not required to install a grease
interceptor unless the FOG control program manager makes a determination that the
existing FSE currently or potentially adversely impacts the sewer system by causing or
contributing to:
(1) FOG hot spots;
(2) Interference;
(3) SSOs; or
(4) The FSE is not implementing or complying with BMPs as listed in the rules
and regulations.
(5) The FSE(s) shall install grease interceptors within one hundred eighty
(180) days after receipt of official notice to install the interceptor unless the FSE obtains
a conditional waiver as discussed below.
(d) Conditional waiver of interceptor requirement. The FOG control program
manager may provide a written waiver of the requirement to install a grease interceptor,
listing the conditions upon which the waiver is granted, upon a finding of one or more of
the following conditions set forth in subsections (1), (2), and (3) below:
(1) The FSE can substantively demonstrate that it employs an alternative
pretreatment technology that is equivalent to or better than a grease interceptor in
controlling its FOG discharge.
(2) There is no potential for FOG from the FSEs to cause or contribute to
SSOs.
(3) The FSE discharges of FOG are negligible and do not cause a significant
impact to the sewer system.
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(4) The FSE may use or may be required to install grease traps in lieu of
installation of a grease interceptor when:
(A) Installation of an interceptor cannot physically be accomplished;
(B) There is not adequate slope for gravity flow between kitchen plumbing
fixtures and the grease interceptor and/or between the grease interceptor and the
private collection lines or the public sewer; and
(C) No alternative pretreatment can be installed. Sizing and installation of
grease traps shall conform to the current edition of the California Plumbing Code.
Grease traps shall be maintained in efficient operating conditions by periodic removal of
their full content, including sewage, FOG, floating materials, sludge, and solids. The
maintenance frequency for all FSEs with grease traps is specified in FOG Control
Program Rules and Regulations.
(e) Revocation of waiver. The program manager may revoke a waiver upon a
determination of one or more of the following:
(1) Quantity of FOG discharge, as measured or as indicated by the size of
FSEs based on seating capacity, number of meals served, menu, water usage, amount
of on-site consumption of prepared food, and other conditions, has changed since the
granting of the waiver such that the FSE is contributing to FOG discharges.
(2) Adequacy of implementation and compliance with BMPs.
(3) Change in sewer size, grade, and condition based on visual information.
(4) Changes in operations that significantly affect FOG discharge.
(5) Failure to comply with any of the conditions set forth in the waiver.
(6) Any other condition deemed reasonably related to the generation of FOG
discharges by the FOG control program manager.
Sec. 39-56.5. - Same—Grease interceptor requirements.
(a) All interceptors shall be of an approved type and adequately sized in
conformance with the current edition of the California Plumbing Code and shall be
installed, operated, and maintained as necessary to maintain compliance with the
objectives of this section.
(b) Fixtures, equipment, and drain lines located in the food preparation and
cleanup areas of FSEs that are sources of FOG discharges shall be connected to the
grease interceptor.
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(c) Grease interceptors shall be constructed in accordance with the design
approved by the FOG control program manager and in accordance with the current
edition of the California Plumbing Code design requirements and shall have a minimum
of two (2) compartments with fittings designed for grease retention.
(d) The grease interceptor shall be installed at a location where it shall be at
all times easily accessible for inspection, cleaning, and removal of accumulated grease.
(e) Access manholes, with a minimum diameter of twenty-four (24) inches,
shall be provided over each grease interceptor chamber and sanitary tee. The access
manholes shall extend at least to finished grade and be designed and maintained to
prevent water inflow or infiltration. The manholes shall also have readily removable
covers to facilitate inspection, grease removal, and wastewater sampling activities.
Sec. 39-56.6. - Same—Grease interceptor maintenance requirements.
(a) Grease interceptors shall be maintained in efficient operating condition by
periodic removal of the full content of the interceptor. The maintenance frequency for all
FSEs with a grease interceptor is specified in the rules and regulations.
(b) No FOG that has accumulated in a grease interceptor shall be allowed to
pass into any sewer lateral, sewer system, storm drain, or public right-of-way during
maintenance activities.
(c) FSEs with grease interceptors are required to maintain data and
information necessary to establish the maintenance grease interceptors. This
documentation shall be provided to the program manager as requested.
Sec. 39-56.7. – Same—Multiple FSEs on same property.
Property owners with more than one FSE located on the same property shall be
responsible for the installation and maintenance of a grease interceptor(s) and shall be
responsible for compliance of the interceptor(s) with FOG program requirements.
Sec. 39-56.8. - Same—Monitoring for compliance.
In an effort to minimize the discharge of FOG to the sewer system, the FOG
control program manager may require the FSE to monitor and/or sample wastewater for
compliance with the rules and regulations.
Sec. 39-56.9. - Same—Record keeping requirements.
All FSEs shall be required to keep records in accordance with the rules and
regulations established by the city under its FOG control program for no less than two
(2) years. Required records include, but are not limited to, grease interceptor/trap
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maintenance and cleaning logs, employee -training logs, waste hauling manifest,
interceptor sampling data, and facility plumbing and mechanical plans. The FSE shall,
upon reasonable request, make the records available to the program manager or his
designee.
Sec. 39-56.10. - Same—Inspection and sampling conditions.
(a) The FOG control program manager or his designee may inspect or order
the inspection of and sample the wastewater discharges of any FSE to ascertain
whether the FSE is complying with all requirements of this section. The FSE shall allow
the city access to the FSE premises, during normal business hours, for purposes of
inspecting the FSE's grease control devices or interceptor, or reviewing the manifests,
receipts, and invoices relating to the cleaning, maintenance, and inspection of the
grease control devices or interceptor. Where a FSE has security measures in force, the
FSE shall make necessary arrangements so that representatives of the city shall be
permitted to enter without delay for the purpose of performing their specific
responsibilities/inspections.
(b) The FOG control program manager or his designee shall have the right to
place or order the placement on the FSE's property such devices as are necessary to
conduct sampling or metering operations. The FSE shall, without restriction, make
available for inspection and copying by the program manager or his designee all
notices, monitoring reports, waste manifests, and records including, but not limited to,
those related to wastewater generation, and wastewater disposal. All such records
shall be kept by the FSE for a minimum of two (2) years.
Sec. 39-56.11. - Same—Right of entry.
Persons or occupants of premises where wastewater is created or discharged
shall allow the FOG control program manager or his designee reasonable access to all
parts of the wastewater generating and disposal facilities for the purposes of inspection
and sampling during all times the discharger's facility is open, operating, or any other
reasonable time. No person shall interfere with, delay, resist, or refuse entrance to city
representatives attempting to inspect any facility involved directly or indirectly with a
discharge of wastewater to the city's sewer system. If entry is refused, the FOG control
manager or his designee shall have recourse to the remedies provided by law to secure
entry.
Sec. 39-56.12. - Same—Emergency notification requirements.
(a) In the event a FSE is unable to comply with any section condition due to a
breakdown of equipment, accidents, or human error, or the FSE has reasonable
opportunity to know that its discharge will exceed the discharge provisions of the this
section, the discharger shall immediately notify the program control manager. If the
material discharged to the sewer has the potential to cause or result in sewer blockages
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or SSOs, the discharger shall immediately notify the local health department and the
city.
(b) Confirmation of this notification shall be made in writing to the FOG control
program manager no later than five (5) working days from the date of the incident. The
written notification shall state the date of the incident, the reasons for the discharge or
spill, what steps were taken to immediately correct the problem, and what steps are
being taken to prevent the problem from recurring.
(c) Such notification shall not relieve the FSE of any expense, loss, damage,
or other liability which may be incurred as a result of damage or loss to the city or any
other damage or loss to person or property; nor shall such notification relieve the FSE of
any charges, fees or other liability which may be imposed by this section or other
applicable law.
Sec. 39-56.13. - Same—Emergency suspension order.
The city may, by order of the director of public works, suspend sewer service
when the director of public works determines that such suspension is necessary in order
to stop an actual or impending discharge which presents or may present an imminent or
substantial endangerment to the health and welfare of persons, or to the environment;
or may cause SSOs, sewer blockages, or interference to the city's sewer facilities; or
may cause the city to violate any state or federal law or regulation. Any discharger
notified of and subject to an emergency suspension order shall immediately cease and
design the discharge of all wastewater containing FOG to the sewer system.
Sec. 39-56.14. - Same—Nuisance
Any condition that the FOG control manager determines may result in the
discharge of waste, which causes or contributes to any sewer blockage, SSOs,
obstruction, interference, damage, or any other impairment to the city's sewer facilities
or to the operation of those facilities, shall constitute a threat to the public health, safety,
and welfare, and is declared and deemed a public nuisance and may be summarily
abated as such.
Sec. 39-56.15. - Same—Violation of other laws.
Any person acting in violation of this section also may be acting in violation of the
Federal Clean Water Act or the California Porter -Cologne Water Quality Control Act and
other laws and also may be subject to sanctions including civil liability. Accordingly, the
enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act
Section 505(a), seeking penalties, damages, and orders compelling compliance, and
other appropriate relief. The enforcing attorney may notify the Environmental Protection
Agency, the California Regional Water Quality Control Board, or any other appropriate
state or local agency, of any alleged violation of this section.
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Sec. 39-56.16. - Same—Other civil remedies.
(a) The enforcing attorney may file an action for civil damages in a court of
competent jurisdiction seeking recovery of:
(1) All costs incurred in enforcement of the section, including but not limited to
costs relating to investigation, sampling, monitoring, inspection, administrative
expenses, all other expenses as authorized by law, and consequential damages;
(2) All costs incurred in mitigating harm to the environment or reducing the
threat to human health; and
(3) Damages for irreparable harm to the environment.
(b) The remedies available to the city pursuant to the provisions of this article
shall not limit the city's right to seek any other remedy that may be available by law.
Sec. 39-57. - Infiltration and inflow into sewer system.
All city -owned sewer lines and private on-site sewer lines and laterals should be
constructed and maintained to prevent water infiltration into the sewer system. Private
on-site sewer lines and public sewer lines shall be used only to convey raw sewage.
Rainfall runoff sources (including but not limited to roof drains, site drains, inlets,
uncovered wash area drains, etc.) are prohibited from connecting to any public or
private sanitary sewer pipeline.
Sec. 39-58. - Introduction of pollutants prohibited.
No person shall introduce or cause to be introduced any of the following into the
city's sewer system:
(a) Pollutants that create a fire or explosion hazard in the sewer collection
system or the publicly owned treatment works (POTW), including but not limited to
waste streams with a closed cup flashpoint of less than 140° Fahrenheit or 60°
Centigrade using the test methods specified in 40 CFR (Code of Federal Regulations)
section 261.21.
(b) Pollutants that will cause corrosive structural damage to the sewer
collection pipes and structures, but in no case discharges with pH lower than 5.0, unless
the sewer system is specifically designed to accommodate such discharges.
(c) Solid or viscous substances in amounts which will cause obstruction to the
flow in the sewer collection system or the POTW, resulting in interference.
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(d) Any pollutant, including oxygen demanding pollutants, exerting biological
oxygen demand, released in a discharge at a flow rate and/or pollutant concentration
which will cause interference with the POTW.
(e) Heat in amounts, which will inhibit biological activity in the POTW resulting
in interference, but in no case heat in such quantities that the temperature at the POTW
treatment plant exceeds 40° Centigrade (104° Fahrenheit) unless the approval
authority, upon request of the POTW, approves alternate temperature limits.
(f) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil in
amounts that will cause interference or pass through.
(g) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the sewer collection system or the POTW in a quantity that may cause acute
worker health and safety problems.
(h) Any trucked or hauled pollutants.
(i) Large volume discharges in a short period of time (slug flows) that
adversely affect the operational capacity of the sewer.
Sec. 39-59. - Private sewer overflows prohibited.
(a) No person shall cause or create a condition which causes a private
sanitary sewer overflow. When a private sanitary overflow is found to occur, it shall be
the responsibility of the private property owner to:
(1) Immediately prevent the continued discharge of wastewater onto the
public right-of-way;
(2) Capture and collect any overflowed or spilled wastewater and return it to
the appropriate sewer facilities;
(3) Clean and sanitize all affected areas, both within private property and
public right-of-way, to the satisfaction of the director of public works; and
(4) Comply with all other federal, state, and local health department
requirements.
(b) Any private property owner who causes or creates a condition which
causes a private sanitary sewer overflow and or fails to satisfy the above mitigation
responsibilities will be subject to administrative citations under Santa Ana Municipal
Code section 1-21. If city personnel are dispatched to perform any of the actions
outlined in this section, for any reason, the city reserves the right to charge the private
property owner for staff time, equipment, and material spent. Such charges may be
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billed directly to the private property owner or his/her designee or added to the owner's
sewerage service utility account if one exists.
(c) The remedies available to the city pursuant to the provisions of this article
shall not limit the city's right to seek any other remedy that may be available by law.
SECTION 8. Article V of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 9. Article V of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows:
ARTICLE V. - RESERVED
Secs. 39-80-39-83.5. - Reserved.
SECTION 10. Section 1-18.2 of the Santa Ana Municipal Code is hereby
amended such that it reads in its entirety as follows (new language underlined, deleted
language in strikeout for tracking purposes only):
Sec. 1-18.2. - Public works agency authority to issue citations.
The executive director of public works agency or his designee has the duty to
enforce the provisions of sections 10-26, 10-27, 10-71 and 10-100, 16-1 through 16-4,
16-30, 16-31, 16-33 through 16-37.5, 16-39, 16-48, 18-17, 36-148, 33-30, 33-60, 33-62,
33-152, 33-157, 33-162, 33-188, 33-189 through 33-192, 36-45, 36-461, 39 26 39-24,
39-33 and 39-106 through 39-111, chapter 17 and provisions of article IV of chapter 18
of this Code. The executive director of the public works agency or his designee is
authorized to arrest persons without a warrant whenever they have reasonable cause to
believe that the person to be arrested has committed a violation of said provisions in
their presence. In any case in which a person is arrested pursuant to this section and
the person arrested does not demand to be taken before a magistrate, said officer or
employee making the arrest shall prepare a written notice to appear and release the
person on his or her promise to appear as prescribed by Chapter 5C, Title III, of part 2
of the Penal Code of the State of California (commencing with Section 853.6).
SECTION 11. Section 16-38 of the Santa Ana Municipal Code is hereby
amended such that it reads in its entirety as follows (new language underlined, deleted
language in strikeout for tracking purposes only):
Sec. 16-38. - Service charges.
(a) Owners and/or occupants of any improved parcel of real property in the
city, as shown on the latest county assessment roll, except any parcel receiving bin or
roll -off service exclusively, shall pay to the city a solid waste collection service charge
(refuse service charge) in such amounts, at such times, and in such manner as shall be
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established by resolution of the city council. Such refuse service charge is imposed to
provide for the continuing availability of curbside service, and shall be due and payable
in accordance with the terms of said resolution regardless of actual use thereof or of
any interruptions or delays in such service, except to the extent reductions or refunds
may be specifically authorized or directed by the executive director of public works or
his/her designee or by the executive director of finance and management services or
his/her designee.
(b) For purposes of administrative convenience the city council may establish
billing units for payment of the said service charge consisting of one (1) or more
occupancies within one (1) or more parcels. The said total refuse service charge
Code as part of the city's regular consolidated municipal utility services account/billing
statement, but shall be listed as a separate line item on the municipal utility services
account/billing statement.
(c) A penalty of ten (10) percent shall be assessed on all unpaid refuse
with section 39-20 of this Code.
,(4a4(q, The said refuse service charge and any penalties accrued for failure to
make timely payment therefore shall be a civil debt owing to the city. in the event that
(e) In the event the occupant(s) of any property or premises having
registered a municipal utility services account and transferred municipal utility services
into their own name as tenant(s), thereafter quit or otherwise vacate the premises then
responsibility for future municipal utility services charges including refuse charges shall
revert to the municipal utility services account of the propertV owner in accordance with
section 39-16 of this Code.
(f) In addition to all other civil remedies for collection of such indebtedness in
the event that the owner and occupant of the premises or propertV receiving refuse
service are the same, then said civil debt against such customer or person shall be
subject to special assessment and lien against said propertV in the manner provided in
Sections 38790.1 and 25831 of the Government Code of the State of California.
Establishment of a lien against the property shall remove said refuse charge(s) from the
City's regular consolidated municipal utility services account/billing statement and toll
the accrual of additional penalties therefore under this section and section 39-20 of this
Code.
Ordinance No. NS -XXX
Page 53 of 56
75A-55
(q) The city shall not disconnect water utility service for failure to pay the
refuse service charge unless such failure is accompanied by a customer's failure to pay
the water utility service in which case disconnection of water utility service shall be
governed by article II of Chapter 39.
04(h) Charges for bin service, roll -off container service or for collection services
more frequent or more extensive than that provided in this article for curbside service
shall be paid directly to the city's solid waste collection contractor in accordance with
such regulations as shall be established by contract or resolution of the city council.
SECTION 12. Section 18-602 of the Santa Ana Municipal Code is hereby
amended such that it reads in its entirety as follows (new language underlined, deleted
language in strikeout for tracking purposes only):
Sec. 18-602. - Persons obligated.
I The municipal utility services customer of record or eGGwpant of for each
property, place or premises located in the City of Santa Ana or person responsible to
be registered for municipal utility services including sanitation service charges, shall be
liable for payment of all charges as set forth in this article except to the extent
reductions or refunds may be specifically authorized or directed by the executive
director of public works or the executive director of finance or their designees. The said
sanitation service charges shall be billed as provided in section 39-20 of this Code as
part of the City's regular consolidated municipal utility services account/billing statement
but shall be listed as a separate line item on the municipal utility services account/billing
statement. ShGuld the GUSternPr Of F8GAFd Or OGG61pant f . plaGe or ..Femis s fail to
29 f this Code, then iR eitheF f h events, the pmpeFt owneF of . ....J of c nh
(b) In the event the occupant(s) of any property, place or premises having
registered a municipal utility services account and transferred municipal utility services
into their own name as tenant(s) thereafter quit or otherwise vacate the premises then
responsibility for future municipal utility services charges including sanitation service
charges shall revert to the municipal utility services account of the property owner in
accordance with Section 39-16 of this Code.
SECTION 13. Section 18-603 of the Santa Ana Municipal Code is hereby
amended such that it reads in its entirety as follows (new language underlined, deleted
language in strikeout for tracking purposes only):
Sec. 18-603. - Payment of bills and penalties.
(a) Date payment due. Bills for the sanitation charges made pursuant to this
article and penalties, if any, are due and payable at the department of finance in the city
hall nn the date ef billing and beGeme delinquent fifteen (15) days afteF the date Of SU
Ordinance No, NS -XXX
Page 54 of 56
75A-56
Wieg at the same time and in the same manner as all other parts of the regular
consolidated municipal utility services account/billing statement.
(b) Penalties. A penalty of ten (10) percent shall be assessed on all unpaid
sanitation charges bills and/or prior sanitation charge related penalties thirty (30) days
after the billing date. No penalty, however, will accrue until thirty (30) days after the date
that the bill has been deposited with the WRited States Postal Sepvice, properly
addressed with prepaid postage affixed therete presented in accordance with section
39-20 of this Code.
(c) Civil debt. Sanitation service charges and any corresponding penalties
accrued for failure to make timely payment therefore shall be a civil debt owing to the
cid
SECTION 14. The charges and fees authorized by Section 39-19 of this Code
shall be set forth in a fee schedule established by concurrent resolution. Such charges
and fees shall be incorporated into, and where appropriate, supersede the City's
Uniform Schedule of Miscellaneous Fees for Fiscal Year 2017-18.
SECTION 15. 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, sentence, clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 16. Neither the adoption of this ordinance nor the repeal hereby of
any ordinance shall in any manner affect the prosecution for violation of 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 thereunder
appertaining shall continue in full force and effect.
SECTION 17. This ordinance shall become effective thirty (30) days after its
adoption.
Ordinance No. NS -XXX
Page 55 of 56
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SECTION 18. The Clerk of the Council shall certify the adoption of this
ordinance and shall cause the same to be published as required by law.
ADOPTED this day of 2017.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS -XXX
Page 56 of 56
75A-58
jmf 7/20117
RESOLUTION NO. 2017 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING FEES IN ACCORDANCE WITH
SECTION 39 OF THE SANTA ANA MUNICIPAL CODE
REGARDING WATER AND SEWERS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. On July 5, 2017, the City Council of the City of Santa Ana placed on first
reading and approved Ordinance No. NS -2921 repealing and reenacting in their entirety
Articles I, II, III, and V of Chapter 39 of the Santa Ana Municipal Code regarding water
and sewers.
B. Section 39-19 of the Santa Ana Municipal Code authorizes various
administrative fees related to water service that are to be established by resolution.
C. Section 39-53 of the Santa Ana Municipal Code authorizes a fee related to
sewer service connection that is to be established by resolution.
D. Based on analysis and evaluation of staff time, equipment, and materials,
these fees are recommended as set forth below.
E. These fees shall become effective concurrently with the effective date of
Ordinance No. NS -2921 and shall be incorporated into the City's Uniform Schedule of
Miscellaneous Fees for Fiscal Year 2017-18,
Section 2. The City Council hereby establishes the following fees relating to
water service connection:
A. New water service application fee: $24.46
B. Water meter cost and installation fee:
Resolution No. 2017 -XXX
Page 1 of 5
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jmf 7/20/17
Water Meter Cost and installation Fee Schedule
Meter size
Qty
Fee
*5/8"
Each
$69.54
*a/»
Each
$89.99
V
Each
$148.31
1 1/2'
Each
$347.89
2"
Each
$464.99
*After business hours, the
charge for replacement
Minimum
$150.20
C. Meter turn on or meter turn off fee during weekdays for new water turn on
services and delinquent accounts: $59.41
D. Afterhours turn on or turn off fee during afterhours and holidays for new
water turn on services and delinquent accounts when requested by customer: $148.73
E. Special investigation/meter reread fee when a meter box is inaccessible at
the time the routine meter read was attempted by the city or when consumption occurs in
connection with a previously turned off meter, or when requested by customer: $12.81
F. Meter removal fee or meter resetting fee (to re -install meter when meter
was removed for non-payment or for violation of City Code):
Meter Removal Fee or Meter Resetting Fee Schedule
Meter size
Qty
Fee
*518"
Each
$69.54
Each
$89.99
1"
Each
$148.31
1 %2"
Each
$347.89
2"
Each
$464.99
*After business hours, the
charge for replacement
Minimum
$150,20
G, Meter test fee (when requested by customer): $110.04
H. Temporary construction meter deposit: $1,193.10
Resolution No. 2017 -XXX
Page 2 of 5
75A-60
jmf 7/20/17
I. Temporary construction meter daily rental fee: $2.00
J. Field collection fee: $29.15
K. Return payment service fee: 1 st item $25.00; each subsequent item $35.00
L. Fire flow test application fee: $24.46
M. Fire flow test witness fee: $114.75
N. Backflow preventer third -and -final notice generation fee: $105.20
0. Water service deposit:
Water Service Deposit Schedule
Designation
Meter size
Fee
A
*5/8"
$90.00
B
*3/"
$105.00
C
1"
$200.00
D
1 ""/2'
$300.00
E
2"
$600.00
F
3"
$1.900.00
G
4"
$5,350.00
H
6"
$9,000.00
P. Backflow device testing administrative fee: $87.00
Q. Registration fee - application for turning on water and transfer of
responsibility: $39.06
R. Tag fee: $12.81
S. Removal of unauthorized "straight pipe" connections fee: $100.68
T. In street cut-off of water services fee: $388.75
U. Meter read trip fee: $12.81
V. Abstract of billing history fee: $50.10
Resolution No. 2017 -XXX
Page 3 of 5
75A-61
Imf 7/20/17
Section 3. The City Council hereby establishes the following fees relating to
sewer service connection:
A. Sewer connection fee per plumbing fixture unit: $103.27
Section 4. Without further action of the City Council, the above -referenced fees
established by this Resolution shall be incorporated into the City's Uniform Schedule of
Miscellaneous Fees for Fiscal Year 2017-18.
Section 5. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this __ day of 2017.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:c7�rM /Vtr.L
hn M, Funk
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2017 -XXX
Page 4 of 5
75A-62
jmf 7/20/17
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No.
2017- to be the original resolution adopted by the City Council of the City of Santa
Ana on 2017.
Clerk of the Council
City of Santa Ana
Resolution No. 2017 -XXX
Page 5 of 5
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75A-64